ORD CC 12/10/74 - Street improvementsORDINANCE No. 74 -24
AN 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 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 WITI-IIN 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 12th
day of November, 1974, 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 widen, pave, and install curb and gutter on South
Sam Houston Avenue from a point at its intersection with Sycamore
Street South to a point South of its intersection with Graham Road
with approximately 3,631.29 feet of curb and gutter on the East
side of said street and approximately 3,524.62 feet of curb and
gutter on the West side of said street for a total distance of
approximately 7,155.91 feet with the said City of Huntsville, to
incur the costs of such improvements to the extent of $50,100.00
(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 propdsed 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 in cooperation with the Texas Highway Depart-
ment, and under the supervision of the Texas Highway Department to
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 12th day ofNovember,1974
provide for and order a hearing to be held at 7:00 o'clock
P. M. on the 10th day ofDecember, 1974, ,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 10th day of December, 1974, at7:00
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:
Lewis Hillman protested the amount of assessment and proposed that
the City should participate in the cost. He referred to previous improvements
assessed at $2.40 per foot and did not believe the imcrease to $7.00 per foot
was justified. John Henry Rather also protested the assessment, said the
widening and improving of the street was not necessary, nor was it necessary
before. Oliver Faulkner expressed concern over drainage problems resulting
from past improvement which would be increased by present improvements. J.
V. Atkins also expressed concern over drainage. Mr. Hillman again spoke pro-
testing that the value of the improvements did not enhance the value of his
property. Bill Jordan stated he felt the assessment was too much.
Jerry Nemec, Texas Highway Department Engineer, explained the
improvements and answered questions from interested property owners.
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 15th, 17th and 20th days of November,
1974 -and in the manner required by law.
(f) That at a regular meeting of the Council on December
10, 1974, 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,testimony 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 day of 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:
To widen, pave and install curb and gutter on South
Sam Houston Avenue from a point at its intersection with Sycamore
Street South to a point South of its intersection with Graham Road
with approximately 3,631.29 feet of curb and gutter on the East
side of said street and approximately 3,524.62 feet of curb and
gutter on the West side of said Street for a total distance of
approximately 7,155.91 feet with the said City of Huntsville, to
incur the costs of such improvements to the extent of $50,100.00,
and with all of said property being located in the E. Davids
Survey, A -157, in Walker County, Texas, on the East and West
side as follows:
ASSESSMENT SHEET
SAM HOUSTON AVENUE
a
F
0
F
COST PER FOOT
FRONT FOOTAGE
VOLUME:PAGE
O 0 0 0 M co M 0 0 0 0 0 0 0
O 0 0 N 00 0 N 0 0 0 0 0 0 0
•
01 0 ri .--I •• 10 N CO 0 10 M 0o N
r-i et rI M M M N 0 0 10 00 M CO 00
.-1 00 N .--I CO 00 M N N W 01 M 0 r1
1--1 1-1 .--I M r1 M ▪ CT ▪ Cr
O
0
N
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NO 10 V 00
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r1 N N. • .0 10 .-1 00 V O M 10 N CO N
1-1 I--I N r1 .-1 'V' .--1 N In 10 M
N 10 -1 10 V 111 M 1-1 14 O1
10 01 1•• 01 00 r4 N 0 M 0 • 'V' N N
V ,-I M r-1 t N 10 N I -I M V r I M N
.. 10 •• M .--1 •. .. .. .. .. .• M .. ..
N 01 CO N. N 111 V 0 1J1 in
e} 1� c0 1-- M in 0 111 e t-. N 0 N 1n
N 10 .-I 10 00 rl r1 N N N r/ 00 N N
3000 -025 -0210
Sam Houston Ave.
3000 - 025 -0200
Sam Houston Ave.
3000 - 025 -0190
• O
VJ
N
ri0
ri
IV
1n ca g be
La cd
N • N $-I
Ia ▪ V •-1 O
Hillman, Lewis
Atkins, J. V.
F
3000 - 025 -0110
445 S. Sam Houston Ave.
Hillman, Lewis
3000 - 025 -0100
3000 - 025 -0090
3000 - 025 -0080
3000 - 063 -0050
3000 - 063 -0060
3000 - 063 -0210
3000 - 057 -0010
A
V.
in 0 P
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!i 10 N.
X111
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W O Cri in •
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act fA 01 CD m a ▪ C V cce
Hinson, Mattie Bell
Jordan, William Andr
it 117
Godell, John J.
Dolive, Edward
Dolive, Edward
3000 - 063 -0220
1229 University Ave._
Rather Estate, Mary
3000 - 067 -0020
a
Old Houston
3000 - 067 -0146
Sam Houston Ave.
Ratliff, Edward
M
•
N
N
V
N
ASSESSMENT SHEET
SAM HOUSTON AVENUE
8
11.
E-
0
U
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to
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0
0
6
PROPERTY OWNER
O o '•1 a 0 O O 0 N 0 0
O O .o 0 0 0 0 u 01 0 0•
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O N V') M ,-1 1)) 0 01 CO N 01
t- O r4 10 If) M N 0) M N 0
4444 444.
1-1 ri e-1 .M .-4 '-1 r4
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d' 0'1 VO 't •• •tt •• t+) ••
N V CO N •• CO •• U) •• 4-1 CO •• l�
O) N 0 0) O N V ri N) tt) 01 0- 0) 0 N
0) 01 N H ,-1 N 00 N 0) •4 N. N r-4 CO N
3000- 025 -0020
O
0)
M
0
3000- 025 -0030
S. Sam Houston Ave.
N
V
Faulkner, Oliver
3000- 025 -0040
3000 - 025 -0050
3000- 025 -0060
Hickory Lane
Hayes, Ralph
ey, Ewing, Mrs.
Hunter, W. L. (Hickory Hills)
3000 - 025 -0070
1928 18th St.
3000 - 063 -0010
336 S. Sam Houston Ave.
3000 - 063 -0020
Madisonville, Texas
3000- 063 -0030
212 S. Sam Houston Ave.
3000 - 063 -0040
3000 -063 -0070
3000- 063 -0200
'-1
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418
Gilliam, Homer (OTC Courts)
McGowan, H. A.
3000 - 063 -0220
1229 University Ave.
3000- 067 -0030
U1
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First Continental Dev. Corp.
ASSESSMENT SHEET
SAM HOUSTON AVENUE
EAST SIDE
J
0
F
COST PER FOOT
FRONT FOOTAGE
VOLUME:PAGE
0
2
PROPERTY OWNER
O
O
n
01
N
•
-1
M
CO
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3000 - 067 -0130
* Total includes footage on Sam Houston Avenue and its extensions
t 419
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 assessment
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 eight (8 %)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 eight (8 %) 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 jurisdiction, or
by the sale of the property assessed as nearly as possible in the
manner as may be provided by law in force in said City for the
sale of property for the collection of ad valorem taxes.
SECTION 8. For the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against the
said parcels of porperty and the real and true owner or owners
thereof, and the time and terms of payment, and aid in the en-
forcement thereof, assignable certificates shall be issued by the
City of Huntsville, Texas, to the City of Huntsville upon the
completion and acceptance of any payment by the City of Huntsville
for said improvements in any unit or portion of street above de-
fined, and which certificates shall be executed by the Mayor in
the name of the City, attested by the City Clerk with the Corporate
Seal, and which shall declare the amounts of said assessments and
the times and terms thereof, the rate of interest thereon, the
date of the completion and the acceptance of the improvements for
which the certificate is issued, and shall contain the same of the
apparent owner or owners as accurately as possible, and the des-
cription of the property assessed by lot and block number or front
foot thereof, or such other descriptions as may otherwise identify
the same, and if said property shall be owned by an estate 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 invalidate 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 the City
of Huntsville, or its assigns, or the holder thereof, the whole of
said assessment evidenced thereby shall at once become due and pay-
able and shall be collectible with reasonable attorney's fees and
all expenses and costs of collection, if incurred; and said certi-
ficate shall set forth and evidence the personal liability of the
real and true owner or owners of such property, whether namedor
correctly named therein or not, and the lien upon such property,
and that said lien is first and paramount thereon, superior to all
liens, titles and charges, except for lawful ad valorem taxes 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 option of
the City of Huntsville, or its assigns, either by the sale of the
property therein described,in the manner provided for the collection
of ad valorem taxes as above recited, or by suit in any court 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 against the
property and the personal liability of the real and true owner 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 thereof,
which may be signed with the facsimile signatures of the Mayor and
City Secretary.
Said certificates shall further provide in effect that the
City of Huntsville, Texas, shall exercise all of its lawful powers,
when requested to do so by the holder of said certificates, to aid
in the enforcement and collection thereof, and said certificates
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 and
effect thereof shall suffice.
SECTION 9. All such assessments levied are, and shall
be a personal liability and charge against the respective real
and true owner or owners of said abutting properties, notwith-
standing such owner or owners may not be named or correctly named,
and any irregularity in the name of the property owner, or the
description of any property or in the amount of any assessment,
or in any other matter or thing shall notin anywise invalidate or
impair any assessment levied hereby or any certificates issued,
any any such mistake, error, invalidity, or irregularity, whether
in such assessment or in the certificates issued in evidence thereof,
may be, but is not required to be, in the order to be enforceable,
corrected at any time by the City Council of Huntsville, Texas.
The total amounts assessed against the respective parcels
of property abutting upon the units or portions of streets above
set out, and the real and true owner or owners thereof, are the
same, or less than, the estimates of said assessments prepared
by the City Engineer and approved and adopted by said City Council,
and are in accordance with the proceedings of said City relative to
said improvements and assessments therefor, and with the terms,
powers and provisions of said Chapter 106, of the Acts and the
First Called Session of the 40th Legislature of the State of Texas,
commonly known as Article 1105 -b of Vernon's Annotated Civil
Statutes of Texas, as amended, under which terms, provisions and
powers of said acts, said improvements and assessments were had and
made by said City Council.
SECTION 10. The fact that the improvements called for
herein indicate that on certain streets that no curbs or gutters
exist and on others no paving exists on the portions of the streets
to be improved according to this ordinance makes it imperative that
the improvements called for herein be installed without delay and
creates an emergency and imperative public necessity for the im-
mediate preservation of the public health, safety and general wel-
fare and that in accordance with the charter of the City of Hunts-
ville, Texas, and as authorized by law, this ordinance shall be
passed and take effect from and after its passage, and it is so
ordained.
PASSED by unanimous vote of the City Council in regular
meeting on this 10th day of December A.D., 1974.
ATTEST,:/
RUTH DeSHAW,
PROVED
City Secretary
MORRIS I. WALLER, MAYOR
17
MARTIN D. COLLEY,
City Attorney
THE STATE OF TEXAS I
COUNTY OF WALKER
X
I, RUTH DESHAW, City Secretary of the City of Huntsville, Texas, do
hereby certify that the above and foregoing is a true, exact and correct
copy of the original ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND
TRUE OWNERS OF PROPERTY ABUTTING UPON STREETS IN THE CITY OF HUNTSVILLE,
TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY, 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
THEREIN ABUTTING UPON SAID STREET WILL BE SPECIALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PROPOSED
TO BE, ASSESSING REAL AND TRUE OWNERS OF ABUTTING PROPERTY, LEVYING AN
ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS, FIXING A CHARGE AND
LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND PROVIDING A METHOD OF
COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY;
AND PROVIDING ORDINANCE TO BECOME EFFECTIVE IMMEDIATELY UPON PASSAGE; and
same was passed by the City Council of the City of Huntsville, Texas, on
December 10, 1974, and thereafter recorded by me in Vol. L , Page
of the Minutes of the City Council of the City of Huntsville, Texas.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office
this the 10th day of December, 1974.
(SEAL)
THE CITY OF HUNTSVILLE, TEXAS
Ruth DeShaw, City Secretary