ORD CC 08/08/72 - Street assessmentsAN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE 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 ERRORS, IN-
VALIDITIES, 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, A D
LEVYING ANY ASSESSMENT FOR THE PAYMENT OF A PORTION OF T
COSTS OF SUCH IMPROVING SAID STREET WITHIN THE LIMITS DEFINED;
FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPER'IES,
AND THE REAL AND TRUE OWNERS THEREOF: AND PROVIDING FOR H
MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND
CERTIFICATES: DECLARING AN EMERGENCY; AND PROVIDING THIS
ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PAS'. AGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of
HUNTSVILLE, TEXAS:
SECTION 1. The City Council of the City of Hun s
ville, Texas finds:
(a) That the City Council of the City of Hunts ille,
Texas, has heretofore by Ordinance duly enacted on the 27
day of June, 1972, determined the necessity for and order
t e improvements of certain streets, within the corporate
limits of the said City of Huntsville, Texas, in the mann
and according to plans and specifications for such improv = -
:rents, which plans and specifications were heretofore app oved
and adopted by the City Council and which said streets an
the improvements pertaining thereto as contained in said •r-
dinance were as follows:
(1) To pave, curb and gutter the North one -half
of Crosstimbers Drive from its intersection
with Interstate Highway 45 Service Ro -. East
a distance of 535.8 feet. The entire treet
is to be 36' wide, concrete curb and g tter,
1 -1/2" asphalt surface with 8 -1/2" cru.hed
stone base.
TOTAL ESTIMATED COST OF IMPROVEMENTS -- - $2,946.90
(2) To pave, curb and gutter the South one half
of Crosstimbers Drive from its interse tion
with Interstate Highway 45 Service Roa• East
a distance of 482.6 feet. The entire .. treet
is to be 36' wide, concrete curb and g tters,
1 -1/2" asphalt surface with 8 -1/2" cru hed
stone base.
TOTAL ESTIMATED COST OF IMPROVEMENTS - -1-- $2,654.38
(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 appli-
cable in accordance with appropriate laws relating to contracts,
of such nature.
(d) That upon the filing of said estimates the City
Council did by an amendment of the ordinance which was duly
enacted on the 25th day of July, 1972, provide for and order
a hearing to be held at 7:00 o'clock P.M. on the 8th day of
August, 1972, 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 interested therein were to
an,,,,,ppear and be heard in person or by counsel, and such ordinance
dfd 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 8th day of August, 1972, at 7:00 o'clock
P.M. said public hearing was opened and held in accordance with
said ordinance and notice, at which time the following appeared
and testified as follows:
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 3rd, 10th and 17th days of July, 1972, and
in the manner required by law.
(f) That at said regular meeting of the Council on
August 8,1972, the Mayor asked if there was anyone present having
any protest or comment concerning the assessments herein men-
tioned, and no such protest, objection or testimony being offered
as to said improvements, the assessments therefore, 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 constructin
improvements proposed to be assessed against the abuttin
perty, and has heard all parties appearing and relative
matters and relative to any errors, invalidities or irre
ties in any of the proceedings and methods for said maki
desiring to make such protest or objection or to offer t
has fully examined and considered all of said evidence,
testimony, and objections offered.
(g) That based on the evidence, matters, test
objections considered at such hearing the said City Coun
determined that the properties, and each of every parcel
property abutting upon the streets and units as hereinaf
out, will be enhanced in value and specially benefited i
amount in excess of the amount of the cost of such impro
proposed to be, and as hereinafter, assessed against eac
said parcels of property, abutting upon said street, and
and true owners thereof.
said
pro -
o such
ulari-
g or
stimony,
atters,
mony and
it has
of such
er set
an
ements
of the
the real
(h) That said City Council is of the opinion,
that the Front Foot Plan or Rule, if uniformly applied wo
equitable, having in view the special benefits to the enh
of the respective properties.
(i) That said City Council has adopted the Fro
Plan or Rule and has found the same to be just and equita
considering the benefits to be received and the burdens
thereby; and the City Council has further found upon the
that the assessments hereinafter made and the charges her
clared against the abutting properties and the real and
thereof are just and equitable and that all objections an
should be overruled and denied.
SECTION 2. There being no further protest or
for or against or in reference to said improvements, bene
or proceedings, said hearing granted to the real and true
of properties abutting upon said street or units, within
limits defined, and to all persons, firms, corporations,
owning or claiming same or any interest therein, shall be
same is hereby closed, and all protests and objection whe
fically mentioned or not, shall be, and the same are here
ruled and denied.
SECTION 3. The City Council hereby finds and d
upon the evidence heard in reference to each and every pa
property abutting upon the street or units hereinafter se
that the enhancement in value to accrue to said property
real and true owners thereof by virtue of the constructio
improvements in said portions of said street, will be in
the amount of the costs of said improvements, proposed to
as herein assessed against said abutting properties and t
and true owners thereof; and finds that the apportionment
of said improvements and the assessments hereinbelow made
equitable and produce substantial equality, considering
received and the burdens imposed below hereby, and are in
with the laws of the State of Texas; and further finds th
ceedings heretofore had with reference to said improvemen
all respects regular, proper and valid and that all prere
the fixing and assessment liens against said abutting pro
hereinafter described, and the personal liability of the
true owners thereof, whether named or corrected named he
have been in all things regularly had and performed in co
with the law and the proceeding of said City Council.
nd finds,
ld be
nced value
t foot
le
posed
vidence
by de-
ue owner
protests
stimony
its,
owners
he
nd estate
and the
her speci-
y over-
termined
cel of
out
nd the
of said
xcess of
be, and
e real
of the costs c
are just and
e benefits
accordance
t all pro-
s are in
uisites to
erties, as
eal and
n or not,
liance
SECTION 4. In pursuance 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 27th day of June, 1972, and in pur-
suance of the said proceedings heretofore had and enacted by said
CityCouncil 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
reference 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 de-
scribed 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 named, or said properties be correctl described
herein or not, the several sums of money hereinbelow mentioned and
itemized opposite the description of the respective parc =ls of 'said
property, the number of front feet of each, and the seve al amounts
assessed against same and the real and true owners thereof, and
the names of the apparent owners thereof, all as correcte• and ad-
justed by said City Council being as follows on the respe tive im-
provements to be made, to -wit
Paving, curbing and guttering Crosstimbers Driv- from
its intersection with Interstate Highway 45 Ser ice
Road a length of 535.8 feet on the North Side, nd a
length of 482.6 feet on the South Side, which s
Street is located in the City of Huntsville, Te as, in
the P. Gray League, Abstract No. 24, on the Nor and
South. sides.
NORTH SIDE:
NAME
Doyle McAdams and
R. B. Thomason, Vol.
186, Pg. 373
Thomas Smith, Vol. 204,
Pg. 750
TOTAL NORTH SIDE
SOUTH SIDE:
NAME
Jo E. Shaw, Vol. 234,
Pg. 433
TOTAL SOUTH SIDE
TOTAL BOTH SIDES
FRONT FOOTAGE
$ PER FT. SSESSMENT
410.8 $5.50
125.0 $5.50
535.8
$5.50
$2,259.40
$ 687.50
2,9 6.90
2,654.30
018.4
SECTION 5. The omission of the improvements in
streets or units as a whole shall in nowise affect nor imp
validity of the assessments in any other of said units in
any parcel of property exempt from the lien of such assess
against which a valid property assessment cannot be levied
nowise affect nor impair the validity of the assessments a
the other properties in such unit.
SECTION 6. The several sums mentioned above in
4 hereof, assessed against said parcels of the abutting pr
and the real and true owners or owner thereof, whether sai
be named or correctly named, or said properties be correct
scribed herein or not, together with interest thereon at t
of six (6) per cent per annum and with reasonable attorney
all costs and expense of collection, if incurred, are here
clared to be' and made a first and prior lien upon the res
parcels of property against which same are assessed from a
the date said improvements were ordered by said City Counc
ny of said
the
ront of
ents or
shall in
ainst
ction
perty,
owners
y de-
e rate
s fees and
y de-
ecttve
d after
1, and
a personal liability and charge against the real and tru
owners thereof, whether or not such owner or owners be na
correctly named herein, paramount and superior to all oth
claims, or titles except for lawful ad valorem taxes; and
sums so assessed shall be payable to the City of Huntsvil
assigns as follows, to -wit: in five (5)(equal annual inst
the first of which will be payable on or before thirty (3
after the completion and acceptance of said City Council
improvements and'the four (4) remaining installments to b
payable respectively, one(1), two (2), three (3), and fou
from and after said date of completion and acceptance of
provements, by said City Council, deferred payments to be
from such date at the rate of six (6) per cent per annum,
annually, past due installments of principal to bear inte
same rate per annum, until paid, so that upon the complet
acceptance by said City Council of the improvements in an
portion of street above defined the assessments against t
abutting upon such completed and accepted unit shall be
due and payable in installments and with interest as abov
however, any owner of such property shall have the right
off the entire amount of any such assessments or any inst
thereof before maturity by paying principal and accrued i
to date of such payment, and provided further, that if de
be made in the payment of any installment of principal or
when due, then the entire amount of said assessment upon
default is made, at the option of the City of Huntsville,
assigns, shall be and become immediately due and payable
be collectible, together with reasonable attorney's fees
costs and expenses of collection, if incurred.
SECTION 7. If default shall be made in the pa
any of said sums herein assessed against the said parcels
perty, and the real and true owner or owners thereof, col
thereof shall be enforced, at the option of the City of H
or its assigns, either by suit in any court having jurisd
by sale of the property assessed as nearly as possible in
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 property, and the real and true owner or
thereof, and the time and terms of payment, and aid in th
forcement thereof, assignable certificates shall be issue
the City of Huntsville, Texas, to the City of Huntsville
the completion and acceptance of any payment by the City
ville for said improvements in any unit or portion of str
defined, and which certificates shall be executed by the
the name of the City, attested by the City Clerk with the
Seal, and which shall declare the amounts of said assessm
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 s
apparent owner or owners accurately as possible, and the
of the property assessed by lot and block number or front
or such other descriptions as may otherwise identify the
said property shall be owned by an estate or firm, then t
the fact shall be sufficient, and no error or mistake in
any such property or in giving the name of any owner or o
otherwise, shall in anywise invalidate or impair the asse
hereby or the certificates issued in evidence thereof.
owner or
ed or
✓ liens,
that the
e, or its
llments,
days
f said
due and
(4) years
aid im-
✓ interest
payable
est at the
on and
unit or
e property
nd become
provided;
o pay
llment
terest
ault shall
interest
hich
or its
nd shall
nd all
ent of
of pro -
ection
ntsville,
ction, or
the,
the
ssessments,
nst the
wners
en-
by
pon
f Hunts -
et above
ayor in
Corporate
nts and
the
nts for
e of the
escription
foot thereof,
ame, and if
so state
escribing
ners, or
sment levied
The said certificates shall further provide su
that if default shall be made in the payment of any inst
of principal or interest when due, then at tlie option of
of Huntsville, or its assigns, or the holder thereof, th
said assessment evidenced thereby shall at once become d
payable and shall be collectible with reasonable attorne
and all expenses and costs :of collection, if incurred; a
certificate shall set forth and evidence the personal lia
the real and true owner or owners of such property, wheth
or correctly named therein or not, and the lien upon such
and that said lien is first and paramount thereon, superi
liens, titles and charges, except for lawful ad valorem t
and after the date said improvements were ordered by said
Council, and shall provide in effect, that if default sha
in the payment thereof, the same may be enforced at the o
the City of Huntsville, or its assigns, either by the sal
property therein described in the manner provided for the
of ad valorem taxes as above recited, or by suit in any c
jurisdiction.
stantially
llment
the City
whole of
e and
's fees
d said
ility of
r named
property,
r to all
xes from
City
1 be made
tion of
of the
collection
urt having
Said certificate shall further recite in effect
the proceedings with reference to making said improvement
been regularly had in compliance with the law in force in
City and proceedings of the City Council of said City and
prerequisites to the fixing of the assessment lien agains
property and the person liability of the real and true o
owners thereof, evidenced by such certificates, have been
done and performed, which recitals shall be evidence of a
matters and facts so recited, and no further proof thereo
be required in any court.
The said certificates may have coupons attached
in evidence of each or any of the several installments th
which may be signed with the facsimile signatures of the
City Secretary.
that all
have
said
that all
the
or
regularly
1 the
shall
thereto
reof,
ayor and
Said certificates shall further provide in effect that
the City of Huntsville, Texas, shall exercise all of its 1 -wful
powers, when requested to do so by the holder of said cert'fi-
cates, to aid in the enforcement and collection thereof, a d said
certificates may contain other and further recitals perti ent and
appropriate thereto. It shall not be necessary that said ertifi-
cates shall be in the exact form as above set forth but th- sub-
stance and effect thereof shall suffice.
SECTION 9. All such assessments levied are, and
be a personal liability and charge against the respective
and true owner or owners of said abutting properties, notw
standing such owner or owners may not be named or correctl
and any irregularity in the name of the property owner, o
scription of any property or in the amount of any assessme
any other matter or thing shall not in anywise invalidate
any assessment levied hereby or any certificates issued, a
such mistake, or error, invalidity, or irregularity, wheth
assessment or in the certificates issued in evidence there
be, but is not required to be, in order to be enforceable,
at any time by the City Council of Huntsville, Texas.
shall
eal
th-
named,
he de-
or in
r impair
d any
in such
may
corrected
The total amounts assessed against the respectiv
of property abutting upon the units or portions of streets
set out, and the real and true owner or owners thereof, a
same, or less than, the estimates of said assessments prep
by the City Engineer and approved and adopted by said City
and are in accordance with the proceedings of said City re
said improvements and assessments therefor, and with the
powers, and provisions of said Chapter 106, of the Acts an
First Called Session of the 40th Legislature of the State
parcels
above
the
red
Council,
ative to
rms,
the
Texas,
commonly known as Article 1105 -b of Vernon's Annotated Ci
of Texas, as amended, under which terms, provisions and p
said Acts, said improvements and assessments were had and
said City Council.
SECTION 10. The fact that the improvements cal
herein indicate that on certain streets that no curbs o
exist and on others no paving exists on the portions of t
to be improved according to this ordinance makes it imper
the improvements called for herein be installed without d
creates an emergency and imperative public necessity for
mediate preservation of the public health, safety and gen
fare and that in accordance with the charter of the City
Ville, Texas, and as authorized by law, this ordinance sh
passed and take effect from and after its passage, and it
ordained.
PASSED by unanimous vote of the City Council in
meeting on this f' day of August, A.D., 1972.
ATTEST:
. 'C4 ,,eLr-
DON - COLEMAN, City Secretary
P'OVED:
. 41-‘dif
ORRIS I. WALLER, MAYOR
MARTIN D. COLLEY,
City Attorney
it Statutes
wers of
made by
ed for
utters
e streets
tive that
lay and
he im-
ral wel-
f Hunts -
11 be
is so
gular