Loading...
ORD CC 04/29/1929 - Avenue L improvementshot. L, AN ORDINANCE LEVYING AN ABSESSIM11T FOR i'A!`-.T y a9� �t ,,11LriU;A$0 heietofores to -wit, on the4x-th day o, July, 1929,, an Ordinance --as duly adopted by the City Council of the City of Hantsvillep ordering and directing the improvement of Avenue Ll from the North line of .1"A'leve-1-th Street to the South line of Twelfth ��trcetp �tnd from the 1;outh line of' Fourteenth :.street to "Seventeenth Street# to connect ..rith the concrete bevement at the intersection of Avenue L and Seventeenth Streets as more fully set forth in said Resolution or Ordinance, duly adopted and entered of record by the oaid City Council# to ahich reference is here made for full . particulars; and, f if th 4HER;-;A3t an Amended ordinances bearing date the day of Augmeto 1928, was entered of records providing for said street improvement, to vihich reference is also mde; ands W15T1RU4A8# pursuant to .:aid ordinance or Rcsolutiong specifications for raid imnrovements were pre-oared by ..).K.Caldwellp City Ens,ineerp and filed with the City Council, and approved and r adopted by it, and, after an advertisement duly n,-We for bids for the perforrmance of aid vork, as required by law, arid after bids, so aftertised for, were duly received, opened tcurl considered by the said Councils Contract for ostid improvem.nts was xtiarded by the said City Councii. to Tibbetts Construction Company, -nd there after said Tibbetto Construction Comp�xny entered 'nto a Contract rvith the City of 111,intovillep Texas,, bearing date the 13th day of s,_v-utstq 1928p -2- and executed a. Bond with Southern Surety Company, as surety thereon, dated the 13th -lay of ,august, 1928, and said Contract and Bond were duly approved by the City Council of the City of Huntsville, Texas, by an Ordinance bearing date the 15th day of ,august, 1928; and, WIMNREAS, thereafter, in compliance ;tith the Law and Ordinances of said City, the City Engineer filed with the City Council his state - ment or Report, showing the names of the property owners on said streets, within the said limits above named, the description of their property, the number of front feet owned by eachp the total cost of said improvements, the cost thereof per front foot and the cost to each �Jroperty owner; and also the estimated cost of said improvements to the City of Huntsville and to Walker County, said statement possessing all the other requisites specified in the Ordinances of said City of Huntsville, applicable thereto; and, dHEF -ZAS, after the filing of said statement with the City Council, the sam was duly examined and approved, and a Resolution or Ordinance was passed by said City Council, determining the necessity of making an assessment for part of the cost of said improvements against the abutting property owners and their property, fixing a time and providing for a hearing to said property ovAters, their a.gentsand attorneys, and that such property owners, their agents and attorneys should be heard as to the benefits accruing to their property by reason of said improvements and as to any error or invalidity in said proceedings, or as to any matter or thing connected with said improvements, said Resolution or Ordinance being duly adopted in compliance with the Laws of the State of Texas Lnd the Ordinances of said City of Huntsville, and Notice of said hearing vias -iven to the abutting property owners, as required by law; and, t'MEREAS, on the 31st day of Aug=ust, 1928, after due and lawful notice by publication and otherwise had been given, as required by law, said hearing to property owners was ;given, and evidence and ,protests ', -ere heard, and a further hearing ,as given, upon additional notice to certain nece: nary parties, not included in the ori=ginal notice, on the eiaht�.�th day of January, 1929, at which time the hearing was extended, when the interested property owners were given further hearing with reference to said improvements, and the benefits resulting therefrom, and the ourdens, if any, resulting to the abutting property owners; ,:znd, WHEREAS, at the conclusion of said hearing and after all interest parties desiring to contest the proceedings, or in any m-anner wishing to be hard, were heard, and all matters of error, invalidity and inequality, or other things connected therewith, ��hich iexe called to the attention of the City Council, having been heard and considered, the Evidence in the premises, and being of the opinion from the evidence that the arse .snents hereinafter mode and the charges hereby declared against the abutting property owners and their property are just and equitable, and that, in each case, the assessment made against each parcel of property is less than the especial benefits accruing to said property, by reason of the enhanced value thereof, caused by said improvement# and the City Council having considered the racts and adopted the rule of apportioninient set forth below, and the division of the cost of the improvements between said ;roperty owners and their property as just and equitable and producing a substantial equality, considering benefits arising from said improvements and burdens imposed thereby, and said improvements having been completed in accordance with the terms of the Contract herein mentioned, and having been accepted by the City Engineer of the City of Huntsville, and also having been forrially accepted by the City Council of said City, on behalf of the City of Huntsville: -3- THEREFORNv BE rX OPWI,19.10 13Y THI; CITY COUNCIL OF Ta, CITY OF HTLTTSVIi_,1,Eg IN COUNCIL ;��C;MMLL➢: 1--That,, in pursuance of the Resolution ard na Ordi nce adopted by the City Council, authorizing the improvement of said :streets, bet'veen the limits hereinabove n.=,edp and in pursuance of the Re0olution adopting the Re" port of the City Engineer computing the cost of paving said street and fixdd against the abutting property owners on the basis named in said ReBolutio np and by virtue of the powers conferred on aid City with reopect to street improvementat under and by virtue of the Laws of the State of Texas„ Chapter 9, Title 288 of the Revised Civil Statutes of Texas of 1925, ­1nd the Ordinances and 1'�;esolutions of said City applicable thereto, and$ in accordance with Chapter 106 of toe General Laws of the State of Texas# enacted by the Fortieth Legis- lature of Texast at its first called oession in 1�-271 there is and ohall be hereby levied and asseosed a,-ainst each owner of )roperty belo,a mentioned and a­,ainst hi-,!, or her propertyp below 3e,.,,cribed9 the several sums of money belo,-i mentioned anti itemized for --. vin d c, rbs pa I g an i - 'and the total amount thereof set op-:osite the name of each person and his or her property, the n-cmes of said property oNvnerzp the description of their property ?.n the 2everal amounts assessed against s m I -nd ga t their property, as corrected by the ._laid City Councill being, as follovist to-witt List of property owners and amount of a sessments on Avenue L, between the North line of Eleventh street and the South line of Tuelfth Street, upon complation of the improvement and re-port ol. the City Engineer to the City Council, recomriending he acceptance of said improvements Tom Ball, Jr, j, M.,R*Ball and f rant feet on the .,,,,eat side of ;,venue LoPart Lot 7. in Block 3, 51 front feet Asphalt Pavement; at St,4*50 238,9 Square Feet Sidewalk, at 51 Lin,Feet Curb and Stepp at ', 0,84 Total J.W@Thomason--24 front feet on the ` =west side of avenue L, Part Lot 7, Block 3. 24 front feet Asphalt Pavement, at 4�4*50 40,8 Square Feet Sidewalk, at $0.25 24 Lin, Feet Cufb and Stepat «84 Total F.11.3mith-24 front feet on of Avenue L# Part of Lot 8, 24 front Peet Asphalt Pavem `3.2 Square Feet Sidewalk 24 Lin.Feet Curb and Step, 2.29 * 50 5.y.72 ".2.84 �e332.06 =i,'=332*06 '41`x.00 10,20 20,16 X138.36 the iest side Blo ck 3. ent , at ��4.50 $108*00 f'A .25 10.80 at 84 20g16 :ti otal 138.96 V138.96 Gabe Smitherg EollieSmither and Miry A. 9mither-38.5 front feet on the '4est aide of Avenue Lp, Part of Lot 8, Block 3, 38*5 front feet .,asphalt Pavement# at.$,4,50 73*2 Square Feet Sitewalkj at U*25 38.5 Lin*Feet Curb and Step, at 0*84 Total J,R,,King,26 fron# Seat on the 'lest Side of Avenue Ll part of Lots 8 and 9, Block 30 26 front feet Asphalt Pavement$ at 62,1 Square Peet Sidewalk at, *25 26 Lin*Feet Curb and Step, at •84 Total 3173.25 18.:50 5"le v223*89 $119000 15952 Z154.36 154 * 36 -4- Gibbs Brothers & Company -25.63 front feet on the '..eat side of wenue L;Part Lot 99 Block 3. 28.63 front feet Asphalt PaVOTient at 4`14.50 31. Square Feet side4.alk at *25 25.63 Lin.Feet Curb and Step at .84 Total Estate of 11,CoM.,'3yrde Eowootters) Guardian.-39 front feetpPart Lot 91 Block 3. 39 Front Feet Asphalt Pavement� at ,A, 50 1333,3 Square Feet Sidewalk at 25 39 Lin*Feet Curb and Step, at 84 Total Walker County- - 228.7 Front Feet asphalt Pavementgat 'iF'4,50 Total Assessment 1 115*33 ,4 79*75 21,53 216.61 4216.61 W 333*32 32*76 ,�b41. 58 '541* 58 t'2774997 List of property owners and amount of assessments on Avenue L, between the South Lino of Fourteenth Street and Seventeenth Street, upon completion of the paving and report of the !engineer to the City Council, recomtnending the acceptance of --aid improva,-lento F,ao_t Side: Mxs,,.ToD*ITance--135 front feet on the ]IL.Ast side of -venue L9 Part Of Lots 245 and 246 Block No.29. 135 Front Feet, at ITV3.7275 %?503.21 ,'503.21 Christian Church__J.',W*Olirjhintj 'ince Smith, G*L,Clark9 J.I-I*Sriith and J.L.Clark#Trusteea-- 165 front feet on the side of ,.venue L# I'art of Lots 11o.2459246j`!48 and .149, Block Nlo.2V. at $4.7775 IV' 738.29 _M8,29 ZT.GeA 11ford--102 Front Feet on the East side of Avenue L9 Part of Lots 248 ana 1.49 B lock '11o,290 at $4o77ib �487.31 X487.31 M.rs,V*H,Pace--110 Trout Feet on the mast side of Avenue-Lo i-art of Lots 251 and 2,',2,, Block 30, at 'i'30275 41' .03 x410.03 Front Feet on the E"ast side of Avenue L,ilart of Lots 251,252, 254 -nd 255, Block 30, at I; i4.7775 -"496.36 -4(j6,.86 L91-I.Bush,.-169 Front Feet on the Iast side of Avenue Lo Part of Lots 254 and 2350 Block 300 at .�_14,7775 ','�3`.J7,40 . 07,40 J.D*Black--80 Front Feet on the I a_st - side of kvenue L,. Part of Lots 257 and 353, Block 31, at V4.7775 H,F,Estill--Part of Lots 257 and 258# Block 31-- 67 Front feet, at jM.7775 81.5 Front Fcetv at 3,7275 Total 33 2.20 38 2.2 0 79 623*88 �623.88 W5- Huntsville Steam Laundry-67.5 Front Feet on the Last side of Avenue L. at OP3.7275 :`251.61 r >251.61 Grace 7'; filler 'Jarnerg-136 Front Feet on the 'E'ast side of Avenue Lo Part of Block 310 City of Ifuntxvillep at 50G, 94 12 Front Feet at w3.15 Total 544.74 544.74 C,K.Mardyp RoEeWatson and Paddock--65 Front Peet on the '<;,aet side of ,'venue Lf at IZI'3.7275 $242.29) n242*29 dZet Side Ttrs*C.K*Rardy--13 Front Feet on the west side of wenue Lp Part of Lot Ilo.3V , Block No.44, at X3.7275 43.46 43.46 MrseV-'.,J.Fain--105 Front Feet on the vest Side of avenue L at "i'3.7275 391.39 x1391.39 I I ;-,,R,I4arner--150 Front Feet on the west Side of Avenue L, of Lot 449 and North % one-half of Lot 450, Block 48, at $3,7275 ti, `559.13 Earl Huffor-1127 Front Feet on the *-.,,est Side of .'*venue L. of Lot 4229 'Block 46,, and Part of i.ot 421, Block 46, at $3.7275 -A73,39 4 7 3. 39 '-'state of ',;*A*Easthamp 14,CoM., Byrde E. ','.,00tterst Guardian# and D.D#Eastham-- 79 Front Feet on the 'aest Si,Ie of Avenue Lp Parts of Lots 4149 415, 417, 418, 420 and 121p Block 46, at ',' 3.7275 �'M'394.47 Wb-Ashford--211 Front Feet on the West side of avenue L, being all of Lots No. 419 -Ana 4209 Block 46, at X3.7275 786.50 '1 1;786.50 Church of Christ 9 4C-,'W`*Rixp Lee Rix, '-ob O'Bannono Happy Rambo a-nf! 7,,.arsluil Rix# Trustees-100 Front Feet on tine iest side of 'venue L, being all of Lot No.402, Block 3-To.44t at '1 3.7275 372.75 ;,372,75 A.A,Keisler--102 Front Fect on the iect Side of Avenue LO being all of Lot 114o. 4019 Block 111).44, at 13.7275 X380.21 X330.21 J.RiolUiloonp � -I*C,,wileono J.R,,,wilsont Jr., and G.CoWilson, N,CX.j by J.R. '4ilsonv Guardian.-98 Front Feet on the ,.est side of Avenue L. being all of Lot NO*400, Block No.44p wt , $3.7275 365* 30 3C I!*N#Curtis,--102 Front Feet on the West side of Avenue Lp being-pa-tt of Lot No. 399, Block No.44p at $3.7275 ;1'-,330.21 38 0. 2 1 Total Assessment 14th to 17th St Total Assesonent llth to 12th at. 2774.97 Total As2eosment ;,12364,60 Me The final estimate of the Engineer for Tibbetts Construction Company for paving on Avenue L from Fourteenth Street to Seventeenth :street, and from Eleventh Street to Twelfth Street, in the City of Runtevillet Texas# bein , as follov-�zp to-wits Item unil � Wantit_v price Amount Fourteenth Street to Seventeenth Street Concrete Pavement 011Y 6034,1 2,25 ��13576*72 Int. Conc*Curb LF 2633,5 .55 1448.42 411 Sidewalk 2 3488.0 .20 6✓, 7.60 Catch Basins 2 38.50 77.00 Force Account as Per Bills Attached Total 32.78 Engineering Cost o:t 51"" of 9132,98 /0 456,65 Eleventh Street to Twelfth Street Cold Rolled Uvalde SY 3043*3 190 2733.97 50 Sidewalk 1-2-P 2135,0 . 2135 501,72 Comb,Step and Curb IF 228*1 "so 182.48 Int,Conc*Curb LF 1100 .55 6*05 Force Account as Per Bills .'Atached 51.43 F,ngineering Cost or 5% of 3480.65 174903 Total Z� 19943,85 Less Amount Assessed to Abutting Property 12 64.60 Difference 757�:,*25 Less Previous Payments 5746.95 Amount Due Contractor on This Lstimte 1832*30 SECTION II—That the several sums above mentioned in Section It herein aeseased ao-ainst said property owners respectively, and their property, are herei,yp together with costs of'collection thereof, including reasonable attorneys fees if incurred, declared to be a lien upon said respective parcels of property against which the same are assessed and levied# and a per--onal liability or charge a,,,,ainat the owner thereof and that the said lien shall beafixed and prior lien upon 'aid property, superior to all other liens, claims or titles# except for lawful ad valorem taxes; that the sums so assessed el-la-11 be payable as followsp to-wit: payable five equal installments# the first payable in cash within thirty days after the completion of said imrprovement and its acceptance by the City; the second on or before one year fron the date of such acceptance; the third on or before two years from said date; thefourth on or before three years from said date, the fifth on or b fore four years from said date; de: erred payments :hall bear interest at the rate of eight (8) er cent per annum from !ate of acceptance, pay,-,tble annually, with the provision that if default be mde in the payment of any installment of principal or interest when due, the iihole of oaid assessment upon said default shall be at once due and-lxiyableg at the option of the said Tibbetts Construction Company, or aseigneg provided that said property owners sfiall have the rig-lit and are hereby .'.',,-iven the option to pay any or all of ,-,aid deferred payments before naturityp by pwjn,ent of principal and accrued interest* SECTION III--Tbat the City of Huntsville sliall not ' be in any a-inner liable for the payment of any sun hereby Iusessed againat any ,,)roperty owner or his ,property; but thit the said Tibbetts Construc - ion Company, or assigns# shall look solely to the said persons -and their property for the payment of the zai,.A sums* but the said City of Hunts- ville shall exercise qll of its powers under the Lavrs of the state of Texa ; and its Ordinances necessary or proper 406-o said in and enforce the collection of the oaid sums, and, if default shall be made in the pay- ment of Aany of said ­.,urns hereby Ussesoed a_ ainsat arjy of said property owners and their property, collection thereof shall be at ti,,e option of the ;aid Tibbetts Construction Company, or assigns, in any Court Itivin - jurisdiction thereof p entirely at the cost and expense -°f the said Tibbetts Construction Company* - SM SECTION IV--That# for the purpose of evidencing the --everal Sums 1);:Lyable by oaid property owm.ra and the time and terms of paymentp and to aid in the enforcement theieofp assignable certificates shall be issued by the City of Huntsville to the said Contractor, or assignap upon completion and acceptance of the caid work of inprovenentg which shall be executed by the )a yor and shall be made payablle to the said Tibbetts Construction Company, or aooignsp .,Thich Certificate shall declare the said amounts and the time and t.rms of payment tilexcof# and the L.!..dd rate of interest -myable thei:eong ,_-tnd shall contain the name 6f the owner or owners and the description of his or her property by Lot and Block Numbcrp or front feet thereof, or such description as my otherwise identify the --are with reference to any other i'acts and if said property be owned by an estate, then the de: cri,Aion thereof# as so owned, shall be sufficient, and the a .id Certificate shall further rovide that, if default shall be made in the payment of any installment of principal or interest thereon 1,,hen auct then, at the option of the said Tibbetts Construction Conpanyp or assignsp being t..c holder thereof, the whole o1P -,,,aid assez­,sizient oball at once become due and payablet and shall `)e collectible, FAth reasonable attorneys foes and costs, if incurred, and the said Certificate shall further set forth and evidence the .said -Dersoral liability of the ovmer and the lion upon his premises and shill provide that, if default shall be made in the payment thereof, the ,pane may be enforced by suit) in any Court havin,,,; jurisdiction, and the raid Certificate shill further recite that the )roceedings -.-Ath reference to makingr said improvements having been m­ul, rly hadq in comp - iance with the terms of the Laws of the State of Texas, and Yvith Chapter 9 of Title 28 of the Revised Civil Statutes of Texas of 1925 and Chapter 106 of the General Laves passed by the Fortieth Legislature at its First Called Session and the ordinances and Rcl�olutionz of said City of 11untsvillev and that all prerequisites to the fixing of the lion and claim of personal liability evidenced by such Certificates have been performed, which recitals cYu.11 '0c evidence of the f,acts so recited, !-,nd no further proof thereof shall e req:.Airedt and the —lid Certificates shall further provide that the City of Huntsville challo �vhcn requested so to do by the 1-jolder of said Certificates# aid in the collection thereof, but the City of ibnt..,ville shall in nowirie be liable to the k101L!er of said Certificates In any manner for the payment of the am,)unt evidenced by said Certificates or for any costs or expenses in the premises* UECTION V—there being a public emergency �equiring that this Ordinance be passed finally on the d�,Ite of its introduction, and - the -jame Irving been referred to the rtpe-c-� Committee on Sweet Pam. , and by it referred back to the City Council with recor=endation that the same be adopt ed p this Ordinance shall 'De f inally '-,assed on the date of its introduction, 'his the T h <ay of .7)1192 I YAYORg CITY OF MTT, VILT 9 TEK%3. ATTESTs 7TTY MURLTAMRIT.