ORD 1984-14 - Willow Street ImprovementsORDINANCE NO. 84-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF WILLOW STREET; PROVIDING FOR THE PAYMENT OF
SUCH IMPROVEMENTS PARTLY BY ASSESSMENTS; AND MAKING OTHER
PROVISIONS RELATED THERETO.
WHEREAS various property owners abutting have requested the City to
construct and build Willow Street; and
WHEREAS a majority of owners abutting proposed Willow Street project have
agreed to pay for said street by assessment; and
WHEREAS the City of Huntsville deems it necessary to permanently improve
Willow Street within the City;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: City Council hereby determines the public necessity for and
orders the permanent improvement of Willow Street, from the South
right-of-way line of Bowers Boulevard to the north right-of-way line
of Magnolia Street, by the construction thereupon of the following
improvements:
A street approximately feet long with six inch concrete curbs,
constructed with 2" hot mix asphaltic concrete on a 6" flexible base
and 6" stabilized subgrade (or by another design meeting current City
Standards and Specifications) 37 feet wide (measured back of curb to
back of curb), and all other incidentals and appurtenances to such
improvements, including drains and culverts.
Section 2: The City Engineer is directed to prepare the plans and
specifications and an estimate of the costs of such improvements,
including expenses of engineering and other expenses incident to
construction of improvements, and to file the cost estimated with the
City Council.
Section 3: The costs of such improvements shall be paid partly by the City
and partly by property abutting upon the street ordered improved, and
the owners thereof, as follows:
(a) The properties abutting upon said street improvements hereinabove
defined, and the real and true owners thereof, shall pay for all of
the costs of the concrete curbs and gutters in front of their
respective properties and not more than nine-tenths (9/10ths) of the
estimated costs of the remainder of said improvements; provided,
however, that no such charge and assessment shall be in excess of the
special benefits to such property and its owners in the enhanced value
thereof by means of such improvements. The amounts to be so paid by,
and assessed against, said abutting property and the owners thereof
shall be in accordance with what is known as the Front Foot Plan or
Rule, provided that if the application of this Rule, in the opinion of
the City Council is unjust or unequal, or results in individual cases
in an assessment that is in excess of the special benefits received
from said improvement, then City Council shall adopt such rule of
apportionment as shall effect substantial equality between said
owners, considering the benefits received by and the burdens imposed
upon them and their property.
The amounts payable by the abutting properties and their true owners
thereof shall be assessed against such properties and such owners, and
be payable either to the City or the successful bidder, and shall
constitute a first and prior lien upon such properties and a personal
liability of the real and true owners thereof, and shall be payable in
five (5) equal annual installments due respectively on or before
thirty (30) days, one (1), two (2), three (3), and four (4) years
after the date of acceptance of said improvement by the City, together
with interest from the date of said acceptance until paid at the rate
of eight (8%) per cent per annum payable annually; provided, however,
that the owners of said abutting property shall have the privilege of
paying any one of, or all of, such installments at any time before
maturity by paying the total amount of principal due together with
interest accrued to the date of payment; further that if default be
made in the payment of any of said installments of principal or
interest, promptly as same matures, then, at the option of the
successful bidder or his assigns or the City if the assessment is
payable to the City, the entire amount of the assessment upon which
such default is made shall be and become immediately due and payable,
together with reasonable attorneys' fees and collection costs, if
incurred. Any property owner against whom and whose property an
assessment has been levied may pay the whole assessment chargeable to
him without interest within thirty (30) days after the acceptance and
completion of said improvements.
(b) The City of Huntsville shall issue assignable paving certificates
evidencing the amount of the assessment to be paid by the abutting
property owners and the real and true owners thereof, which
certificates may be used to secure the payment to the costs of the
improvements. It is further authorized that said improvements may be
further secured by mechanic's liens.
Section 4: The City Secretary is hereby directed to give notice of a
public hearing to all abutting property owners by publication in the
City's official newspaper three times, the first publication to be
twenty-one days before the date of the hearing. Written notice of the
hearing shall be given by depositing in the U.S. Mail at least
fourteen days before the date of the hearing addressed to the owners
of the property adjacent to Willow Street as shown on the tax rolls of
the City. The hearing shall be held at 7:00 p.m., June 26th, 1984, or
at a subsequent regular meeting of City Council. Additionally, said
notice shall be filed in the Deed of Trust Records of Walker County
pursuant the provisions of Tex.Rev.Civ.Stat. art. 12202. The notice
shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON THE IMPROVEMENT OF WILLOW STREET
AND ASSESSMENT PROCEEDINGS RELATED THERETO.
A public hearing shall be held at 7:00 p.m. in City Council's
Chambers, 1212 Avenue M, on ' 1984, to consider the
assessments proposed to be levied by the City for the permanent
improvements of Willow Street, from Bowers Boulevard to Magnolia
Street, by construction of a street approximately feet long
with six inch concrete curbs, constructed with 2" hot mix
asphaltic concrete on a 6" flexible base and 6" stabilized sub-
grade, 37 feet wide measured back of curb to back of curb. The
estimated total cost of the improvements on such Willow Street is
and City proposed to levy an assessment of 90% of
the street costs (or $ per front foot) against the owners
of the abutting property. All persons owning, or having any
interest in, any property abutting the proposed Willow Street
improvements shall have the right to be heard on any matter
regarding the validity of the proposed paving assessment, the
amounts of the proposed assessments, the lien and liability
therefor, the special' benefits to the abutting property and
owners thereof by means of the improvements for which assessments
are to be levied, the accuracy, sufficiency, regularity and
validity of the proceedings and contract in connection with such
improvements and proposed assessments. A portion of the cost of
the improvements is to be specially assessed as a lien upon
property abutting thereon.
Section 5: The City Council, in initiating this proceeding, is acting
under the terms and provisions of the Act passed at the First Called
Session of the Fortieth Legislature of the State of Texas, 1927,
relating to street improvements and assessments, and known as Chapter
106 of the General and Special Laws of said Session, as amended, said
Act being commonly known as TEX.REV.CIV.STAT. article 1105b.
Section 6: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Huntsville, Texas.
PASSED UNANIMOUSLY FIRST READING on this day of N , 1984.
PASSED SECOND READING on this day of , 1984.
APPROVED on this day of MCij , 1984.
THE CITY OF HUNTSVILLE, TEXAS
By
u h DeShaw, City Secretary
APP VED AS 0 FORM.
art(
Scott Bounds, City Attorney
William V. Nash, Mayor