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HomeMy WebLinkAboutORD 411 - ORD Closing the Hearing of Real and True Owners abutting JII....-~ . '.. ..1 1:....:.. .. .. ....J ... ... ..1 ~4 ORnTNANf:R NO '111 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON: MARqUETTE STREET, IN THE 3900 AND ,THE 4100 BLOCKS TijEREOF; AND VILLANOVA STREET, IN THE 4100 BLOCK THEREOF,' AND u , " SOUTHWESTERN STREET, IN THE 3800 AND 3900 AND THE 4100 BLOCKS THEREOF, AND . . TENNYSON STREET, IN THE 3900 BLOCK THEREOF, AND ACADEMY STREET, IN THE 6000 BLOCK THEREOF, AND TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS TO A~ CRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS, AND AS TO IHE PROPOSED ASSESSMENTS THEREFOR, AND AS TO THE ACCURACY, . SUFFICIENCY , REGULARITY AND VALIDITY OF THE PRO- CEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND AS- SESSMENTS., AND ANY MATTER OR THING CONNECTED THEREWITH; FINDING AND DEl'ERMINING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORM- A..1'-JCE OF ALL PREREQUISITES TO FIXING AND LEVYING THE ASSESSMENT LIENS AND. THE PERSONAL LIABILITY OF PROPERTY OWNERS; OV~ULING .ANDDENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT AS TO PAR...; TICULAR CASES MENTIONED; FINDING AND DETER1f[NING SPECIAL BENEFITS . TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF. BY REASON OF SAID IMPROVEMENTS IN EXCESS OF THE AMOUNT OF THE RESPECTIVE ASSESS... MENTS AGAINST SJ\ME;LEVYING ASSESSMENTS, FIXING A CHARGE AND- LIEN AGAINST THE RESPECTIVE PROPERTIES ABUTTING ON THOSE PORTIONS OF SAID STREETS TO BE IMPROVED AND AGAINST THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTI- FICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMER- GENCY. 11 'U WHEREAS, the City Commission of the" City of West University Place, Texas, has heretofore by- Ordinance No. 394 duly and regularly p~~se<;i and '. approved August 23, 1948, determined the necessity for and ordered the perma- nent improvement. of certain portions of Marquette, Villanova, Southwestern and Tennyson Streets, and by Ordin,ance No. 389 duly and regularly passed and approved June 21, 1948, determined the necessity for and_ordered the permanent improve- ment ofa certain portion of Academey Street, all in the City of West University Place, Texas, by the construction thereupon of reinforced concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, in accordarice with plans and specifications referred to an approved in and by said ordinance, said streets and portions thereof having been segregated and divided into separate and segregated sections as hereinafter stated; and . WHEREAS, pursuant to advertisement therefor sealed bids were duly and regularly received and examined, an<;i pursuant to report and recommendation by the Engineer for the City, and after appropriation to"cover the estimated cost to .the City of such improvements, all as provided by the Charter of said n "\ Ci ty and 'by law and in full compliance therewith,' said City Commission of the LJ City of West University Place, Texas, did by its Ordinance No.'401, duly and 15 regularly passed and approved September 20, 194~, award a contract for the con- structiDn of said improvements to Brogan & Williams on its lowest secure_ bid, which contract has been heretofore fully executed; and which contract has been amended and addenda added ~hereto as authorized by Ordinance No. 402. of September 20, 1948; and . , I -I , i WHEREAS, upon examination of the estimates of costs of said improvements and of the various portions ,thereof theretofore prepared by the Engineer,. as earlier required, said City Commission of the City of West University Place, Texas, by its Ordinance No. 403, duly and regularly passed and approved September 20, 1948, ordered that a hearing be given to all owning or claiming any property abutting upon any of the respective portions of the streets therein and herein set out~and included within any of the designated sections, and to all owning and claiming any interest therein, and to all interested in any assessment or any of the proceedings with reference thereto, as cto the pr.oposed assessments and proceedings and on any matter as to which hearing is a constitutional prerequisite and as to' the amounts of the proposed assessments, the lien and liability thereof, the special benefits to the abutting property and owner thereof by means of said improvements for which assessments are to be levied and as to the accuracy, suf- ficiency, regularity, and validity of the 'proceedings' and contract inc:'connection with such improvements and proposed asses$nents, and concerning, any o;1:.her ,matter or thing as to which; they are entitled to a'hearing under. the laws of Texas, a':1d the Charter of West University Place, Texas, with the right 'and opportunity to contest the amou.~ts of the proposed assessments and all other such matters and things; said hearing to be held by and before the City Commission of ,the City of West University Place, Texas, at 7:30 P.M. on October 8, 1948, in the City Hall of said City, at which time and place all of such parties might appear and be heard on all such matters; said Ordinance furth~r ordering and directing the City Secretary to give notice of said hearing by public advertisement thereof, as therein specified, in accordance with the law and the Charter and ,Ordinances of the City of West University Place, Texas; and -1 , WHEREAS, said'notice, as ordered and directed by the City Commission and as required by the terms an~ provi~ions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the'State of Texas, commonly known as Article 1105(b), Revised Civil Statutes of Texas, 1925, heretofore adopted by the Ci~of West University Place, Texas,' in and as a part of the Charter of said City, and as required by the Charter and Ordinances of said City, has. been duly given by.advertisement thereof by publication of same :i,n the South- western Times, designated as the official newspaper of the City, on September 23 and 30 and October 7, 1948, and by publication .of said notice on September 24, 30 and Octbber 6, 1948, in' the Houston Post published in Houstop, T~xas, being the ' nearest to the City of West University Place, Texas, of general circulation in Harris County, wherein said City is located; said notice so published having des~ cribed the nature of the improvements for which assessments were proposed to be levied and to which such notice related, havL~gstated the highways'andthe portion or portions thereof to be improved, the estimated amounts per front foot proposed to be assessed against the owners of abutting property, and such pro- perty on each such highway and each respective portion thereof with reference to which 'the hearing mentioned in said not~ce was tO,be held, and having stated the, estimated total cost of the improvements on each such highway and each of the segregated portion or portions thereof, and having stated the time and place.at which such hearing should be held, and said notice having given additional in- formation and having, in all respects, fully met and compli8:d with all provisions of law and of the Charter and Ordinances of said City requisite or pertinent there- to; and ]T"'1 ..r--- ''l:.M''. . J_.. ....... ._1 16 WHEREAS, at such hearing; of which notice had been given as above stated, , proper~ owners and other parties interested in the proceedings appeared and made statements and gave testimony and additional testimony and evidence was given by the Engineer for the City, and by real estate experts familiar with the proposed (il improvements, the respective properties on the streets to be improved, and the present condition of the existing streets; and at,said hearing all parties de- ~ siring to be heard concerning any of the matters hereinabove a~d in said Ordi- nance No.. 403- and in said notice mentioned, and as to any other matters con-' nected with said proceedings, and concerning any other matters or, things with reference thereto, having been heard and their statements. and ,evidence duly and fully considered; and said City Commission having heard evidence as'to.the special benefits of and to said abutting properties, .and each parcel thereof, and to the respective .owners thereof in the enhanced v~ue of said respective properties, by means of such improvements and said Cit,rCommission having hear~ . and considered the evidence and having given a full and fair hearing to all parties appearing or desiring to appear; and having determined at such hearing s~id special benefits as aforesaid, and having determined that there is not to be assessed against said abutting properties and the respective owners thereof more than all the cost of constructing curbs and 9/10ths of the remaining cost of such imp~ovements (exclusive of intersections), as shoWn. o:n the estima:te of the Engineer for the City; and having determined that the Front Foot 'Plan or Rule is just and equitable except in particular -cases 'wherein, in th-e,opinion of the City Commission; the application of such rule would result in injustice or inequality,-and in each of which particular cases, the City Commission has apportioned and assessed the costs of such improvements in proportiOnS., Tound and now declal'ed by it to be just and equitable, having in view- the special benefits in enhanced value to be received by such respective parcels of property and the owners thereof, the equities of such owners and the adjustment of such apportionment so as to produce a substantial equality of benefits received and, 0 burdens imposed, each of which adjustments and apportionments have bee taken into consideration and .made in the assessments hereinbelow setfort~; and said ;__ City 'Commission having determined that by the application of said Front Foot Plan or Rule and the apportionments in particular cases do produce a substantial equality of benefits received and burdens imposed, and having determined at said hearing that the assessments hereinbelow made and the charges hereby de- clared against the property owners and their reSpective properties are,' in all things, just and equitable, and that in each instance the assessment made a- gairist:any parcel of property and its owner is less than the":special benefits to sai~ property and the owner thereof.by means of said improvements, and that, with the exception of apportionments and adjustments in particular cases which have been granted and allowed in determining the amounts of the'assessments hereinbelow made, all other objections and protests 'should be ,overruled and denied; and ' , WHEREAS, all proceedings with reference to the making of the im- provements hereinabove mentioned have bee~ regularly had and duly and legally taken and performed in full compliance owith'the law and the Charter and Ordi- nances of the City of West University Place, Texas, and all prerequisites to fixing the assessment lien against the properties hereinafter listed, and the person~l liability of the respective owners thereof, have been performe4, and upon completion of each respective separate and segregated section into which the work has ,been divided, and upon the acceptance thereof by the City of West University Place, assignable certificates should be issued in evidence of said 'assessments and liens, and the personal liabilitY, of the true owner or owners I~ of the respective pr.operties, whether ,correctly named or not, all as provided : I by law and by the Charter and Ordinances of the City; NOW, THEREFORE, LJ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY , PLACE, TEXAS: . i'. ----, I , ---' '~I I I .-.J ~I I , -' 1'7 Section 1. 'rhatthere being no further testimony' or evidence or pro- test, for or against the improvements heretofore ordered, at said hearing granted to the true owners of properties abutting upon the hereinabove and hereinafter stated portions of Marquette, Villanova, Southwestern, T~nnyson and Academy Streets, and within the limits above defined, and upon a~ of the'respective portions of said streets included within any of the designated sections as here- inafter stated, and to all owning and claiming any interest therein, and to all -interested in any assessment or any of the proceedings with reference thereto" or in any of the matters hereinabove mentioned, said hearing should be" and the 'same is hereby, closed. ' Section 2. That the City Commission finds and determines' and so de- clares that each of the steps and proceedings hereinabove mentioned, and all pro- cee~~gs with reference to the making of the improvements on Marquette, Villanova, Southwestern, Tennyson and'Academy Streets~ as herein stated, have been duly, legally, and regularly had, taken, and performed in full complian~~, with the law and the Charter and Ordinances of the City of West University Place, Texas; tha,t all prerequisites to the, making of the above mentioned September 20, 1948" con- tract, and all prerequisites to the fixing of the assessment lien against the respective properties hereinafter listed, and the personal liability ~f the res- 'pective-owners thereof, whether correctly named or not, 'and whether knawn or unknown, have been, in all ,things, met., performed, and complied with; that all persans interested have been given a full and fair hearing on all matters and things in connection with said improvements and assessments; that there is no.t to be assessed against the abutting properties and the owners thereof more than all the cost of curbs and 9/10ths of the remaining cost of such improvements (exclusive of intersections), as shawn on'the estimate of the Engineer for said. City; that adjustment and appartionment of costs among' all properties and the . owners thereaf have been made in full compliance with-;the law. and with-the Charter and Ordinances of the City, so as, to produce a,substantial equality Qf , benefits ~eceivedand burdens imposed; and that the special benefits to each parcel of property and the owner thereof in the enhanced value thereof by means of said improvements, as determined at said hearing,are,~n each instance, in excess of'the amauht of the assessment made against such parcel of property and its owner, and that the assessments, liens and charges nerein levied, declared, and fixed against.said properties and their owners, are, in all things, just and equitable; and that all protests and objections, other than those taken into consideration infixing the ,amounts of the assessments and liens, as hereinafter stated, and whether specifically herein mentioned or not, should ,be, and the same ,are hereby, in all thi,ngs, overruled and denied. Section 3. That the City Commission of the City of West University Place, Texas, being the governing body of said City,'pursuant to the Ordinances 'and all other praceedingsheretofore ':passed and held, and. pursuant to' the above mentioned September 20, 1948, contract and the estimates, r~ports, lists, and statements of the Engineer for the City, and pursuant to the noticeqnd hearing hereiriabove mentioned arid by virtue of the powers conferred by, and the pro- visions of, the above mentioned Chapter 106 of the Acts of the First Called Session of the 40th Legislature of th~ State of'Texas"commonlyknown as Article 1105 (b), Revised Civil Statutes of Texas, 1925, heretofore adopted by the City of West University Place, Texas, in and as a part of, the Charter of ~,aid City, d~es hereby fix and determine and doesohereby levy and assess against the respective properties abutting upon the highways and the portion or portions thereof heretofore ordered improved and against the real and,true owners there- of, whether hereinafter correctly named or not, the respective amounts set r' . ..... ... I If Jr-I--- .. .....----- - 1', ~" ,'.. :, "J [8: ,[ opposite the names of the respective apparent owners and tpe descrlptions of the respective properties; said properties, the apparent owners thereof and the assessments against each, being divided and segregated according to the res- ",~l pective separate and segregated sections, of the streets to be improved, into which the work has been divided, being as 'follows, to-wit: ASSESSMENTS OWNER BLOCK ADDITION LOT FRONTAGE CURB AT NO. NO., $1.38 IMPROVE-, MENTS EX- CLUSIVE OF- CURBS A'l' " $8.50 TOTAL ASSESS- MENT 1 - South One-Half Marquette Street in 3900 Block SECTION NO. T.K.McElroy et ux:, Ilene Morris McElroy '4 Coliege 7& View First 8,100' $138.00 $850.00 2 - North, One~Half Marquette Street ,in 4100 Block Fairhaven 118 51.5' 71.07- 437.75 $988.00 , SECTION NO. Wylma DeMerritt, Davis et vir, C.P.Davis SECTION NO. -3 ... North',One-Half Villanova Street in the 4100 Block Joe Calderara 'Faithaven 138 50 69.00' 425.00' 494.00 SECTION NO. h - South One-Half -of Villanova Street in the ,4100 Block ;1 W.G;Rosenfelder Fairhaven 124 60 82.80 510.00 ,592.80 U 508.82 , SECTION NO.5 - North due-Half Southwe'stern Street in the' 3800 Block Mrs.-George " College 10100 138.00. 850.00 988.00 Stanford 3 View'lst &11 Adelaide Knapp, College' 16 View 1st 69.00 425.00-, 50 3 494.00 SECTION NO. 6 - South One-Half of Southwestern Street in, 3800 Block Southland In- 6 College 9 50 69.00 425.00 494.00 'vestment Co. View 1st SECTION NO. W. R. England et ux, Thelma, England 7 - North One-Half of Southwestern Street in 3900 Block 4 College 15& 100' 138.00 850.00 ' 988.00 View 1st 16 SECTION NO. Wylma DeMerritt Davis et vir, ,C.P. Davis 8 - South One-Half Southwestern Street in 4100 Block Fairhaven 75 52.8' 72.86 448.80 Addition Mary Miller Hazard Fairhaven 78 50' 69.00 425.00 '. 521.66 . 494.00 c -'j' , ......J 19. SECTION NO.9 - North One~Half of Southwestern Street in 4100 Block H. J. Strick- Fairhaven 91 60' 82.'80 510.00' 592.80 land SECTION NO. WIn.S.Flower , e,t ux, Mary Esther Flower 10 - South One-Half of 13 College 7 View Third Tennyson Street in the 3900 block 50' 69.00 425.00 494.00 SECTION NO. 11 - West One-Half of ~cademy Street in the 6000 Block IMPROVE- MENTS EX- CEPT CURBS AT $6.74 John F. Low et 21 Colonial 14 115' 158.70 775.10 ' 933.80 ux Marjorie S. Terrace Low' Section 4. That said several amounts herein assessed, together with interest, expense, of collections, and reas~nable attorneys' fees, if incurred, shali be and the same are hereby declared to be a first and prior lien on and against said respective abutting properties, which lien shall be superior to all other liens 'and claims except state, county, and city ad valorem taxes; and said amounts so assessed, together with said other items, shall be and the same are hereby declared to be personal liabilities and charges against the true owners of said properties, respectively, whether correctly named or not, all as provided in and by said Article 1105 (b) of Vernon's Annotated Civil Statutes of Texas; and such assessments and said other items shall be collectible and the liens enforceable in any court having jurisdiction; and shall be a personal liability and charge against the said owners of the property assessed; and that said sums so assessed shall be payable as follows, to-wit,: Iri five annual in- stallments, one installment payable within thirty days after the completion of said improvements and the acceptance thereof by the City of , West University Place, and another installment to be due and payable on the respective dates in 1, 2, 3 and 4 years, respectively, after said date of such acceptance, with interest on the respective sums so assessed, and each installment thereof from said date of acceptance, at the rate of five per cent (5%) per-annum, payable annually, and with interest on principal and interest after the respective maturity dates at eight per cent (8%) per annum; provided, however, that the assessments so levied and ,the certificates to be issued in evidence thereof against properties on the respective segregated sections, as hereinabove set- out, shall date from, and be issued a,s of, the date of the completion of the improvements ,. on ./each respective section, separately, an,d the acceptance thereof by said City; and provided, further, that, in the event ,of default in payment of any installment of any _such ~sses-sment and certificate when due, whether of principal or interest, the whole 'of such assessment and certificate may be matured and declared due at the option of the holder thereof; provided, further, that said respective property owners shall have the privilege of paying anyone or more of said installments before their maturity, by payment of principal and interest thereon. ' Section 5. That for the purpose of evidencing said assessments, the liens securing same and the several sums payable by said property owners and the time and tems of payment, and tOo aid in the enforcement thereof, assignable - certificates shall be issued by the City of West University Place to the con- tractor, or assigns, upon completion and acceptance of each respective segregated :r. . . .~ ... I ~r 1: lr: "'1 ~. ..I~ ~ "J, ,r ~o ., section of said improvements, which certificates shall be executed by the Mayor, and attested- by the City Secretary, with the corporate,,:seal a:ffixed, and shall be payab~ed to said' Brogdanh& W~11iamsd or assi~s; said che,rtifl.f' ca th~s shatll ~ declare the sal. amounts, an t e tllIle an terms 01 payment t ereo , t e ra e I of interest payable thereon, the description of the respectiv~prcperties ~ against which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain ,the name of the apparent owners thereof. Said certificates shall further set forth', ahd evidenpe the assessments levied and shall declare the ,lien upon the respective properties and the lia-_ bility of the true owner or owners thereof, whether correctly'named or not, and shall provide that if default be made in the payment thereof, same shail be enforced by a suit in any court having jurisdiction. And the said certificates shall further provide that if default be made in'the payment of any installment of principal or interest thereon when due, then at the option of said Brogan & Williams or assigns, being the owner' and holder thereof, the whole of said, assessment shall become at once due and payable and shall, be, collectible with interest, expense of collection and 9-F rea~onable attorneyts fee, if incurred. .Said certificates shall further recite that the proceedings with re- ference, to,m~ing the improvements therein referred to have been regularly had in compliance wi th the law and the Charter of the City of West University Place, and that all prerequisites to the fixing of the assessment-lien against the pro- perty described and the personal liability of the owner or owners thereof have been performed, Which recitals shall be evidence of all the matters recited in said certificate and no further proof thereof shall be r~quired. Il LJ Section 6. That the City of West University Place shall not be liable in any manner for the payment of any sum hereby assessed, but said City shall exercise its Charter powers and the powers, conferred upon it by law wh~n re- quested'so to do by the holder of said certificates to aid in the collection thereof. . Section 7. The fact that the portions of the streets herein defined are in need of improvement as promptly as possible creates a public emergency arid, therefore, this Ordinance shall be passed' finally on the date of its in- troduction, this the 8th day of October, A. D. 1948, and shall take effect immediately upon its passage,' and approval by. the Mayor. PASSED this 8th day of OctOber, A. D. 1948. COMMISSIONERS Armer., Hamlett, Lanmon and Terry and Mayor Lee voting aye. NONE voting No. APPROVED this ~th day of October, A. D. 1948. ./ ATTEST: fl LJ ~.~ - CI, E@lSTARY ,