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ORD CC 11/04/1931 - street improvementsAN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESS1,ENTS FOR PART OF TFE COST OF rYPROVING A PORTION OF T EitTIETH STREET Ai'D ALSO PORTIONS OF AVENUE Yj IIND AWIM'UE N IT: ME C I TY OF HUNTS - VILLE, T '.ERAS, FIXING A CHARGE AND LIEN AGAINST PROPERTY ABUTTING THE RE 01 p AND AGAINST THE OVVT,_'ERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSI,'SSI� ;?eTS, A aD `111E ISSUANCE OF ASSIGNABLE CERTIFICATES II EVIDENCE Ti-'E XF, AIM D CLARII G AN EMERGENCY. MMREAS, the City of iuntsville, '.Texas, has heretofore ordered that the hereinafter mentioned portions of Streets and Avenues in said City be improved by raising, grading, filling and installing concrete curbs and paving with six inch re- enforced con- crete pavement, Monolithic Type, together with incidentals and appur- tenances as provided in the plans and specifications now on file in the office of the City Secretary, and the contract for the construc- ticr of said improvements was awarded and entered into with R. B. Butler, said portions of Streets and Avenues being as follows, to- wit: Avenue 1v; (1) Tti,entieth Street from the Test lire of Avenue L to (2) Avenue ]'ri. from Twentieth Street to �ineteerth Street; (3) A,,renue r: from T� entieth Street to h1ineteenth Street; which said Streets and parts of Streets were designated as Unit 1; and WHER -EAS, estimates of the cost of the improvements in said Unit I, also Units II and III, were prepared and filed and adopted and approved by said City Council of said City, and the time and place ras fixed for hearing to the owners of abutting property and to all others in anywise interested, and due and proper notice of the ti--,e, place and purpose of said hearing was given, and sa.id hear - ing was had and held at the time and place fixed therefor, to -wait, on the 21st day of August, 1931, at 7 o'clock P. Mr., in the Council Chamber in the City Hall of the City of Huntsville, Texas, and at such hearing various and sundry persons, property owmrs and inter - ested parties, appeared and protested against said street improve- rnent, to -wit: Wo A. Driscoll, 1 °�. F. Bounds, S. B. Phillips, ".rs. Anna J. Allen, 1-Irs. T. C. La,r,gham and husband, 11rs. J. h. Barris and husband, 01. P. Crockett, J. R. Hayes, George C. Osborn, Jr., J. S. Anders, Horace Roberts and D. A. Beard. The contractor, 11. B. Butler, under the provisions of the contract for said Street improvement, declined to pave the portions of said Streets to fie improved in front of the property of the f ollowing of said property o,.,rers who protested, to -writ: A. F. Bounds, S. B. Phillips, firs. Anna J. Allen, hirs. T. C. Langham and husband, fairs. J. 11. Harris and husband, George C. Osborn, Jr., G. L. Clark, J. S. Anders, Horace iioberts, J. R. rayes and D. A. Beard. It further appearing that none of the property owners on the north end of Avenue h of said Unit e:;ecuted 1echanic's Lien Contracts to secure the pro rata part of said improvement in front of their respective property, the Council determined not to have ir^ proved the forth end of said Avenue h from its intersection w: .,ith Yineteenth Street to the South lire of the property owned by George C. Osborn on said Street. And said hearing was continued from the said 21st day of August, 1931, to the 1st de.y of September, 1931, in order that all parties desiring to be heard might be given full and fair opportunity to be heard, and the said City Council having fully considered all ,or oiler ;ratters, is of the opinion that said hearing should be closed and the assessments should be r�iade as herein ordained: THE'EFOIE, BE IT ORDAIM�D BY i'I+, CITY COUI;CIL OF `''1-?+4 CITY OF 11TUTETS- VILLE, TEAS, THAT, I. Said hearing as to said Unit No. I be and the s acne is here- by closed and the said protests and objections and any and all other protests and objections, t hether herein enumerated or rot, be and the same are hereby overruled. II. That the City Council, f'ro?r the evidence; offered upon said he:-ring, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said portions of Streets and :venues and against the owners of such property, and that such assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of property by reason of the improvements in said Unit for whi .rh such assessments are made, and that substantial jus- tice and equality and uniformity between the respective owners of the respective properties and between all parties concerned consider- ing the benefits received and burdens imposed, are established and of 'ected by reason of said assessments, and further finds that in each case the abutting property assessed is specially benefited and enhanced in value by reason of the improvements in said Unit upon c:hich the particular property abutts, and for i-:hich assessment is levied and charge made in a sum in excess of the said assessments and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvement is in accord- ance with the law in force in this City and the proceedings of the City heretofore had v ith reference to said improvements and is in all respects valid and regular. iii. There shall be and is hereby levied and assec� zed against the parcels of property hereinbelow mentioned, and against the real and true owners thereof, whether such ovrers be correctly named herein or rot, the sums of money below mentioned and itemized, shown opposite the description of the respective parcels of property; the descriptions of the res-pective parcels of property, and the several amourts assessed against the same, and the owners thereof , so far as such ownners are known, being as follows: -2- 'J IV. That the assessments so levied are for the improvements in the particular unit upon vhich the property described abuts, and the assessments for the improvements in one unit are in rov, :ise re- lated to or connected IVith the improvements in any other unit, and in making assessments and in holding said hearing the amounts assessed for improvements in one unit have been in nowise affected by any fact in anywise connected v; ith the improvements or the assessments there - for in a.ny other unit. V. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof and interest there- on at the rate of eight (81b) per cent per annum, together Irith reason- able attorney!# fees and costs of collection, if incurred, are hereby declared to be and are � ade a lien upon the respective parcels of proy ^erty against which the same are assessed, and a personal liability and charge against the real and true ov,ners of such property, whether such owners be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied and shall be a first mount lien thereon, superior to all other liens and claims aexcejtra- state, county and city ad valorem taxes. The sums so assessed against th.e abutting property and the owners thereof shall be and become due and Payable as folloy s, t o -wit In five equal installments, due respectively on or before ten (10) days, one (1), two (2), three (3) and four (4) years after completion and acceptance of the improvements in the Unit upon which the particular property a, buts, and shall ^ear interest from the date of such completion and acceptance at the rate of 8% per annum able annually, lrf ith each installment, so that upon the c'ompletiony and acceptance of the improvements in a particular unit, assessments against the property „butting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. = rovided, however, th�'t any owner shall have the right to pay the entire assess- ment, or any installment thereof, before maturity by payment of princi- pal and accrtied interest, and provided further that if default shall ':)e made in the payment of any installment of principal or interest promptly as the same natures, then, the entire amount of the assess- ment upon which such default is made shall, at the option of the said contractor, R. B. Butler, or his assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney's fees and costs of collection, if incurred. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of property by the Tax Collector and Assessor of the City of Huntsville, as near as possible in the manner provided for the sale of property for the non- ?-)ayment of ad valorem taxes, or, at the option of the said .t R. B. But l e r, or his as.si be enforced b s y g m a, payment of said sums shall City shall exercise all of its rla�f' competent .jurisdictior.,and said and col ul powers to aid in the enforcement collection of said assessments. -.4- VII. The City of Huntsville shall not in any manner be liable for payment of the sums hereby assessed a,-ainst an the openers thereof, but the said R. B. Y property, or look solely to such Property and t�1eBotTAButler, or his a.,,.lgns, shall Of such assessments, but the City of Huntsviller shall fexerciiseaa11nt Of its lawful poz,,rers to aid in the enforcement and collection of said liens and sums and jersonal obligations, VIII. The total amount assessed of abutting property, and the ov.-ners the proceedings of the City relating meets therefor, and is less than the and permitted by the law in force in against the respective parcels thereof , is in accordance �s.7ith to said improvements and assess - proportion of the cost allowed the City. IX. 3or the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the ov:,ne-rs thereof, and the time and terms of payment, and to aid in the enforce - ment thereof, assignable certificates shall be issued by the City of Huntsville upon completion and acceptance by the City of said im {prove- rgents in each unit of improvement as the Work in such unit is com- pleted and accepted, which certificates shall be executed by the h-rayor in the name of the City and attested by the City Secretary with the corporation seal: and shall be payable to R. B. Butler, or his assigns, and shall declare the said amounts, time and terms of pay- ment, rate of interest, and the date of completion and acceptance of the improvements abutting such property for rhieh the certifi- date is issued, and shall contain the name of the otf1 knodan, the description of the owner or owners, if front feet thereof, or such other property asdmay Otherwise de or tify 11 -.e same; and if the said property shall be owned by ansestate, then the description of same as so O ned shall be sufficient, or if the name of the owner be unknown, then to so s and no error or mistake in describin7 erte will be sufficient, name of the owner shall invalid�.Ite oar in�anyti�isetimpairnsuch1certi e ficates or the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly �zpon maturity, then they shall be col - lectible with reasonable attorney's fees and costs of collection, if incurred, and shall provide sl.abstantially that the amounts evidenced thereby may be paid to the Collector of ''axes of the City of i-unts- ville, 1'exa.s, who shall issue his receipt therefor, I ^Ihich shall be evidence of such. payment upon any demand for the same, and the Col- lector of Taxes shall deposit the sums so received by him forthwith with the City '2reasurer to be kept and held by him in a separate fund hereby designated as R. B. SUTLER STREET IKIPROi EZZE1 T TUIM, and when any payment shall be made to the Tax Collector u ~on such certificate he shall, upon presentation to him of the certificate by the Contract- or, or other holder thereof, endorse said payment thereon, and the Contractor, or other holder of such certificate, shall be entitled to receive fror, the City Treasurer the amount paid, upon presentation to him of such certificates so endorsed and credited; and such endorse- ment and credit shall be the Treasurer's warrant for making such payment. Such payments by the Treasurer shall be r the holder of such certificate in I,; eceipted for by riting and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been mid in full. -5- Said certificate shall further recite substantially that the ;:proceedings with reference to making the improvements to which the particular certificate relates have been regularly had in com- pliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owner or owners thereof hove been perforr::ed, and such recitals shall be prima facie evidence of all the matters recited in such certific=ate, and no further ,-,roof thereof shall be required in any court. y The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or may have coupons for ea,c'a of the first fOur installments, leaving the main certificate to serve for the fifth coupon, which coupons may 'oe Payable either to �. 3. Butler, 01 his assigns, or to the bearer, and may be signed ' ith the .facsimile signature of the Kayor and City Secretary. The said certificates shall further recite that the Uity of Huntsville shall exercise all of its lallrful powers, when requested so to do, to aid in the enforcer.-ient and collection thereof, and may contain recitals substantially in accordance �,,ith the above and other additional recitals pertinent or appropriate thereto; and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on that portion of the street adjacent to any premises exempt from the lier of such assessments, shall not in any vise invalidate, affect, or impair the lien of such assessments upon other premises, r'ull pot':Ter to maize ar.d levy reassessments and to correct mistakes, errors, invalidities, or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this city, vested in the City. X. All assessments levied are a personal liability Fr All chexge against the rea 1 and true owners of the premises described, notwith- standing such or +,hers may rot be named, or may be incorrectly named. XI. The assessments herein levied are made and levied under and by virtue of the terms, powers and -,?rovisiors of an Act passed Called at the First Called Session of the -t'`ortieth Legislature, of the State of Texas, 'mown as Chapter 106. XII. The ioresent condition of said streets and avenues erdar.gers health and safety, and it is necessary that said improvements be pro- ceeded t1ith ihile the weather °gill permit, and the construction of said improvements is being delayed pending the taking effect of this ordinance, and such facts constitute and create an emergency and an urgent public necessity requiring that the rules providing for ordin- ances to be read more than one time, or at more than one meeting, be -6- ti 1 � S Y1 ', i suspended, and that this ordinance be passed as and take effect as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as and shall take effect and be in force as an emergency measure, and shall be in force and effect im*nediately from and after its passage. tom. D��ME'D AITD APPROVED this ' � W day of hovember, A. D. 1931. ATTEST: CITY SECEPMARY