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ORD CC 01/23/73 - Street assessments/improvementsAN ORDINANCE CLOSING THE HEARING GIVEN TO TI-IE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON STREETS IN TFIE CITY OF HUNTSVILLE, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERROR, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN. THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IM -' PROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF SUCH IMPROVING SAID STREET WITHIN THE LIMITS DEFINED; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY; AND PROVIDING THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1. The City Council of the City of Huntsville, Texas finds: (a) That the City Council of the City of Huntsville, Texas, has heretofore by ordinance duly enacted on the 28th day of December, 1972 determined the necessity for and ordered the improvements of certain streets, within the corporate limits of the said City of Huntsville, Texas, in the manner and accord- ing to plans and specifications for such improvements, which plans and specifications were heretofore approved and adopted by the City Council and which said streets and the improvements pertaining thereto as contained in said ordinance were as follows: To install curb and gutter and pave Tenth Street from its intersection with U. S. Highway 75 North to the present West Boundary of Tenth Street, with 542 feet of curb, gutter and paving on the North side of said street, and 567 feet of curb, gutter and paving on the South side of said street. The Street is to be 37 feet wide, concrete curb and gutter, 2" asphalt surface, 6" base coarse and 6" lime stabilized sub -base. TOTAL ESTIMATED COST OF IMPROVEMENTS $21,000.00 (b) That the City Council caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting such streets within the limits hereinafter defined, and against the real and true owners; thereof. (c) That the City Council proposes to cause said improve- ments to be installed under its own supervision with labor and material furnished by it where feasible and to otherwise request bids and let contracts for portions of curb and gutters where applicable in accordance with appropriate laws relating to contracts of such nature. (d) That upon the filing of said estimates the City Council did by ordinance duly enacted on the 28th day of December provide for and order a hearing to be held at 7:00 o'clock P. M. on the 23rd day of January, 1973 ,as provided by law, at which time and place all firms, persons,corporations and estates owning or claiming any such abutting property or any interest therein, their agents and attorneys, and all other persons inter- ested therein were to appear and be heard in person or by counsel, and such ordinance did direct the City Secretary to give due notice of such hearing in the manner required by law. (e) That after due publication of such notice, as required by law, on the 23rd day of January, 1973 at 7:00 o'clock P.M. said public hearing was opened and held in accor- dance with said ordinance and notice, at which time the follow- ing appeared and testified as follows: No one appeared to testify in connection with the paving assessment. The City Engineer of the City of Huntsville briefly des- cribed the improvements proposed to be constructed and briefly explained the method of apportionment of cost. The City Attorney then stated that a notice of the hearing had been published in the Huntsville Item on the 29th and 31st day of December, 1972, and on the 03rd day of January, 1973 and in themanner required by law. (f) That at a regular meeting of the Council on January 23, 1973, the Mayor asked if there was anyone present having any protest or comment concerning the assessments herein mentioned, and no such protest, objection or testimony being offered as to said improvements, the assessmentstherefore, or as to any of the proceedings in reference thereto except as hereinbefore set out, the hearing concerning the same was ordered closed; that the City Council has heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to accrue to said abutting property and the real and true owners thereof as compared with the portion of the cost of constructing said improvements proposed to be assessed against'the abutting pro- perty, and has heard all parties appearing and offering testi- mony, together with all objections and protests relative to such matters and relative to any errors, invalidities, or irregularities in any of the proceedings and method of assess- ments for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest or objection or to offer testimony, has fully examined and considered all of said evidence, matters, testimony and objections offered. (g) That based on the evidence, matters,testinony and objections considered at such hearing the said City Council has determined that the properties, and each of every parcel Of such property abutting upon the "Streets and units as hereinafter set . out, will be enhanced in value and specially benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of the said parcels of property, abutting upon said street, and the real and true owners thereof. (h) That said City Council is of the opinion, and finds, that the Front Foot Plan or Rule, if uniformly applied would be equitable, having in view the special benefits to the enhanced value of the respective properties. (i) That said City Council has adopted the Front Foot Plan or Rule and has found the same to be just and equitable considering the benefits to be received and the burdens imposed thereby; and the City Council has further found upon the evidence that the assessments hereinafter made and the charges hereby de- clared against the abutting properties and the real and true owners thereof are just and equitable and that all objections and protests should be overruled and denied. SECTION 2. There being no further protest or testimony for or against or in reference to said improvements; benefits, or proceedings, said hearing granted to the real and true owners of properties abutting upon said street or units, within the, limits herein defined, and to all persons firms, corporation and estates, owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon the street or units hereinafter set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said street, will be in excess of the amount of the costs of said improvements, proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed below hereby, and are in accordance with the laws of the State of Texas; and further finds that all proceedings heretofore had with reference to said improvements are in all respects regular, proper and valid and that all pre- requisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly name herein or not, have been in all things regularly had and performed in compliance with the law and the proceeding of the City Council. SECTION 4. In pursuant of said ordinance duly enacted by said City Council authorizing and ordering the improvements of said streets and units as hereinbelow set out., which ordinance was passed as aforesaid, on the 28th day of December, 1972 and in pursuance of the said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street im- provements by the laws of the State of Texas, and particular re- ference to Chapter 106 of the acts of the First Called Session of the 40th Legislature of the State of Texas, known and Shown as Article 1105 -b, Vernon's Annotated Civil Statutes of Texas as amended, there shall be and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter described and abutting upon said streets and units hereinafter set out and within the limits below defined against the real and true owners of such property whether such real and true owners be named or correctly name, or said properties be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of , said property, the number of Front Feet of each, and the several amounts assessed against same and the real and true owners thereof, and the names of the apparent owners thereof, all as corrected and adjusted by said City Council being as follows on the respective improvements to be made, to -wit: Paving, curbing and guttering Tenth Street from its intersection with U. S. Highway 75 North to the present West Boundary of Tenth Street, a centerline distance of 542 feet on the North side of said street, and a length of 567 feet on the South side of said street, which said street is located in the City of Huntsville, Texas, in the P. Gray League, Abstract No. NORTH SIDE NAME FRONT FOOTAGE Saxton Craft 120' Vol. 94, Page 629 E. M. Smither Co. TOTAL NORTH SIDE: $ PER FT. ASSESSMENT $5.50 $ 660.00 422' $5.50 $2,321.00 542' $2,981.00 SOUTH SIDE NAME FRONT FOOTAGE $ PER FT. ASSESSMENT James Crawford 150' $5.50 $ 825.00 Vol. 112, Page 26 E. M. Smither Co. TOTAL SOUTH SIDE: TOTAL BOTH SIDES: 417' 567' 1109' $5.50 $2,293.50 $3,18.50 $6,0 9.50 SECTION 5. The omission of the improvements in any of said streets or units as a whole shall in nowise affect nor impair the validity of the assessments in any other of said units and the omission of the improvements in any particular street or unit in front of any parcel of property exempt from the lien of such assessments or against which a valid property assessAent cannot be levied, shall in nowise affect nor impair the validity of the assessments against the other properties in such unit. SECTION 6. The several sums mentioned above in Section 4 hereof, assessed against said parcels of the abutting property, and the real and true owners or owner thereof, whether said owners be named or correctly named, or said properties be correctly de- scribed herein or not, together with interest thereon at the rate of six (6 %) per cent per annum and with reasonable attorney's fees and all costs and expenses of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes, and that the sums so assessed shall be payable to the City of Huntsville, or its assigns as follows, to -wit: In five (5) equal annual installments, the first of which will be payable on or before thirty (30) days after the completion and acceptance of said City Council of said improvements and the four (4) remaining installments to be due and payable respectively, one (1), two (2), three (3), and four (4) years from and after said date of completion and acceptance of said improvements, by said City Council, deferred payments to bear in- terest from such date at the rate of six (6 %) per cent per annum, payable annually, past due installments of principal to bear interest at the same rate per annum, until paid, so that upon the completion and acceptance by said City Council of the improvements in any unit or portion of street above defined the assessments against, the pro- perty abutting upon such completed and accepted unit shall be and become due and payable in installments and with interest as above provided; however, any owner of such property shall have the right to pay off the entire amount of any such assessments or any install- ment thereof before maturity by paying principal and accrued interest to date of such payment, and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which de- fault is made, at the option of the City of Huntsville, or its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. SECTION 7. If default shall be made in the payment of any of said sums herein assessed against the said parcels Of pro- perty, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of the City of Huntsville, or its assigns, either by suit in any court having jurisd' by the sale of the property assessed as nearly as possibl manner as may be provided by law in force in said City fo sale of property for the collection of ad valorem taxes. SECTION 8. For the purpose of evidencing said the liens securing same and the several sums assessed aga said parcels of porperty and the real and true owner or o thereof, and the time and terms of payment, and aid in th forcement thereof, assignable certificates shall be issue City of Huntsville, Texas, to the City of Huntsville upon completion and acceptance of any payment by the City of H for said improvements in any unit or portion of street ab fined, and which certificates shall be executed by the Ma the name of the City, attested by the City Clerk with the Seal, and which shall declare the amounts of said assessor the times and terms thereof, the rate of interest thereon date of the completion and the acceptance of the improvem which the certificate is issued, and shall contain the sa apparent owner or owners as accurately as possible, and t cription of the property assessed by lot and block number foot thereof, or such other descriptions as may otherwise the same, and if said property shall be owned by an estat ction, or in the the ssessments, nst the ners en- by the the ntsville ve de- or in Corporate nts and the nts for e of the e des - or front identify or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise inval' date or impair the assessment levied hereby or the certificates issued in evidence thereof. The said certificates shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of he City of Huntsville, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become du and pay- able and shall be collectible with reasonable attorney's ees and all expenses and costs of collection, if incurred; and said certi- ficate shall set forth and evidence the personal liabilit of the real and true owner or owners of such property, whether n medor correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superi.r to all liens, titles and charges, except for lawful ad valorem t -xes from and after the date said improvements were ordered by said City Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may be enforced at the o•tion of the City of Huntsville, or its assigns, either by the sal- of the property therein described,in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any curt having jurisdiction. Said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City and that all prerequisites to the fixing of the assessment lien agains the property and the personal liability of the real and true •wner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments th -reof, which may be signed with the facsimile signatures of the ayor and City Secretary. Said certificates shall further provide in effe t that the City of Huntsville, Texas, shall exercise all of its lawf 1 powers, when requested to do so by the holder of said certificate , to aid in the enforcement and collection thereof, and said certilficates may contain other and further recitals pertinent and appropriate thereto. It shall not he necessary that said certificates shall be in the exact form as above set forth but the substance effect thereof shall suffice. SECTION 9. All such assessments levied are, an be a personal liability and charge against the respective and true owner or owners of said abutting properties, not standing such owner or owners may not be named or correct and any irregularity in the name of the property owner, o description of any property or in the amount of any asses or in any other matter or thing shall notin anywise inval impair any assessment levied hereby or any certificates any any such mistake, error, invalidity, or irregularity, in such assessment or in the certificates issued in evide may be, but is not required to be, in the order to be enf corrected at any time by the City Council of Huntsville, The total amounts assessed against the respecti of property abutting upon the units or portions of street set out, and the real and true owner or owners thereof, a same, or less than, the estimates of said assessments pre by the City Engineer and approved and adopted by said Cit and are in accordance with the proceedings of said City said improvements and assessments therefor, and with the powers and provisions of said Chapter 106, of the Acts and First Called Session of the 40th Legislature of the State commonly known as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas, as amended, under which terms, provisio s and powers of said acts, said improvements and assessments wer- had and made by said City Council. SECTION 10. The fact that the improvements call herein indicate that on certain streets that no curbs or g exist and on others no paving exists on the portions of th to be improved according to this ordinance makes it impera the improvements called for herein be installed without de creates an emergency and imperative public necessity for t mediate preservation of the public health, safety and gene fare and that in accordance with the charter of the City o ville, Texas, and as authorized by law, this ordinance sha passed and take effect from and after its passage, and it _s.so ordained. and shall real ith- y named, the ment, date or ued, whether ce thereof, rceable, xas. e parcels above e the ared Council, ative to rms, the f Texas, d for tters streets ive that ay and e im- al wel- Hunts - 1 be PASSED by unanimous vote of the City Council in meeting on this 23rd day of January A.D., 1973. ATTEST: L egular abrit.. City Secret M I. WALLER, MAYOR MARTIN D. COLLEY, City Attorney