HomeMy WebLinkAboutORD 429 - ORD Closing Hearing for Swathmore, Byron, Case Street
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OP~INANCE NO. 429
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS
OF CERTAIN PROPERTY ABUTTING ON:
SWARTHMORE STREET IN THE 4100 BLOCK THEREOF; and
BYRON STREET IN THE 3800 BLOCK THEREOF ; and
CASE STREET IN THE 3900 BLOCK THEREOF,
ANn TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS TO AC-
CRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE
IMPROVEMENTS, AND AS TO THE PROPOSED ASSESSMENTS THEREFOR, ANnAS
TO THE ACCURACr, 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 DETERMINING '!HE REGULARITY OF ALL PROCEEDINGS AND THE PERFORM-
ANCE OF ALL PREREQUISI TES TO FIXING AND LEVYING THE ASSESSMENT
LIENS AND THE PERS.ONAL LIABILITY OF PROPERTY OWNERS; OVERRULING
AND DENYIN'G ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT AS TO PAR-
TICULAR CASES MENTIONED; FI@ING AND DETERMINING SPECIAL BENEFITS
TO EACH PARCEL OF PROPERTY AND THE OWNERS '!HEREOF BY REASON OF
SAID IMPROVEMENTS IN EXCESS OF THE AMOUNT OF THE RESPECTIVE ASSESS-
mTS~..A'y:u~T.:,SWE; LEVYING ASSESSMENTS; FIllNG A CHARGE AND LIEN
AGAINST THE RESPECrIVE PROPERTIES ABUTTING ON THOSE PORTIONS OF
SAID STREETS TO BE :rMPROVED 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 CEFtTI-
FICATES .AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMER-
GENCY.
WHEREAS, the City Commission of the City of West University Place,
Texas, has heretofore, by Ordinance No. 407, duly and regularly passed and
approved September 27, 1948, determined the necessity for and ordered the
improvement of portions of certain streets in the City of West University
Place, Texas, to-wit:
SWARTHMORE STREET IN THE 4100 BLOCK THEREOF; and
BYRON STREET IN THE 3800 BLOCK THEREOF; and
CASE STREET IN THE 3900, BLOCK THEREOF,
in accordance with plans and specifications prepared by the Engineer for the
, City, and"approved by the City Commission in said Ordinance, by the construction
upon said portions of said streetsofca reinforced concrete pavement with
monolithic curbs and-appurtenances and incidentals to, such improvements, all
as more specifically shown by said plans and specifications; and which impro ve-
ments were divided and segregated into separate and segregated sections as
hereinafter set forth; a,nd
WHEREAS, pursuant to advertisement therefor sealed bids were duly
and regularly received and examined, and pursuant to report and recommendation
,by the Engineer for the City, and after appropriation to cover the estimated
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cost to the 'City ,of such improvements, all as provided by the Chart~r of said
City and by law' and in full' cOmpliance therewith, said City Commission of the
City of West University Piace,1'exas., did by its Ordinance No. 421 duly and
regularly passed and approved October 25, 1948, award.a contract for the
construction of said improvements on the above and hereinafter described
Sections to BROGAN & WILLIAMS on its lowest secure bid, which contract, and
certain addenda and amendments thereto, have been heretofore fully executed;
and
WHEREAS, upon examination of the estimates. of costs of said im-
provements and of the various portions thereof theretofore pr~ared by the,
Engineer, as earlier required, said City Commission of the City of West
University Place, Texas, by its Ordinance No. 422, duly and regularly passed
and approved October 25, 1948, ordered that a hearing be given to all owning
or claiming any property abutting upon any of the reQP~ctive portions of the
streets therein and herein set out, and included within any of the said desig-
nated 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 to the proposed 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 ,sJ)ecial 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, sufficiency,
regularity, and validity of the proceedings and the contract in connection
with such improvements arid proposed assessments, and concerning any other
matter or thing as to which they are entitled to a hearing under the laws
of Texas, and the Charter of the City of West Univers'ity Place, Texas, with
the ri"ght and opportunity to contest the aInounts of the prc;>posed assessments
and all other such matters and things; said he'aring to beheld by and before
the City Commission of the City of West University Place, Texas, at 7:30 P.M.
on November 19,1948, in the City Hall of said City, at which .time and place
all of such parties might appear and ~Qe heaJ;"d on all such matters; ,said.
Ordinance further 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'Ordinarices of the-City of West
University Place, Texas; and
WHEREAS, said notice, as ordered and directed by the City Commission
and as requJ.red by the tennsand provisions of Chapter 106 of the Acts of '
the First Called Session of the 40th Legislature of the State of Texas, com-
monly known as .Article 1105(b), Revised Civil Statutes of Texas, 1925, here-
tofore adopted by the City of West University Place, Texas, in and as a part
of the Charter o:f' said City, and as required by the Charter and Ordinances of
said City, has been duly given by advertisement thereof by publication of
same in the Southwestern Times, designated as the official newspaper of the
City, on November ,4, 11 and 18, 1948; and by publication of said notice on .
November ,2, 9,,':arid 16, 1948; in the'DaiiY:<90urt Review publishe,d in Houston,
Texas, being the Iiearest to the City of' West University Place, Texas., of
general circulation in Harris County, wherein said City is located; said
notice so published having described the nature of the improvements for
which assessments were proposed to be levied and to which such notice re-
lated, having stated the highways and the portions thereof to be improved,
the estimated amounts per front foot proposed to be assess~d against the
owners' of abutting property, and such property on such highway and each
respective section thereof with reference to which the, hearing mentioned in
said notice was to be held, and having stated the estimated total cost of the
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improvements o~such highway and each of the segregated sections thereof, and
having stated the time and place at which such hearing should,be held, and
said-notice having;given additional information and having, in all respects,
fully met and complied with all provisions-of la.wand of the Charter and Ordi-
nance of said City requ~ite or pertinent thereto; and,
WHER~S, at said hearing, of which such notice was so given,testi-
mony and evidence was given by the Engineer for the City, and by real estate
experts familiar.with the proposed improvements, the respective properties on
the above and hereinafter stated sections of the streets to be improved, and
the present condition of the existing streets, and numerous property owners
and other parties interested in the pr-oceedings'appeared and made statements
and gave testimony; and at said hearing, all parties desiring to be heard
concerning any of the matters hereinabove and in said Ordinance No. 422 and
in said noti~e mentioned, and as to any' other matt.ers connected with said
proceedings, and concerning any other matters or things with reference there-
to, having been heard and their statements and evidence, duly and fully con-
sidered;andsaid 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 value of said respective
properties by means of such improvements, and said City Commission.~;:having
heard 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,hearingsai.d special benefits as aforesaid; and having determined that -
there,:ts not to be assessed agains~ said abutting properties- and the respect-
ive owners thereof more than. all the cos,t of constructing curbs and- 9/10ths
of the remaining c.ost of such ,improvements, as sho~ on the estimat\ of.. the
Engineer for the City; and having determined that the Front Foot Plan~r ,
Rule is, just and equitable except, in partigular cases wherein, in the'Opinion
of the City Commissio~, the application of such rule would 'result in in-
justice or inequality, and in each of Which particular cases the City Com-
mission has apportioned and assessed the costs of such improvements in pro-
portions found and now declared 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 prod,uce .a s.ubstantial equality,
of benefits repeived and burdens imposed, each of which adjustments and
apportionments have been taken into consideration and made in the assess-
ments hereinbelow set forth; and said City Commission having determined
that the application of said Front Foot Plan or Rule a.nd ,the'apportionments
in particular cases do produce a substantial equality of benefits rece~ved
and burdens imposed, and having determined at said hearing that the assess--
ments hereinbelow made and the charges hereby declared against the property
owners and their respective properties are., in alL things, just and equitab~e,
and that in each instance the assessment niade against any parcel of property
and its owner is less than the speciaL benefits to said 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
improvements hereinab:Ove mentioned have been regularly had en d duly and
legally. taken and performed in full compliance with, the law and the Charter. .
and Ordinances of the City of West Ulli::versi ty Place, Texas, rand all prere- '
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quisites to fixing the assessment lien against the properties hereinafter
listed, and the personal liability of the, respective owners thereof, have
been performed"and. upon completion of each respective separate. and ~egre-
gated section into which the work has been divided, and upon the acceptance
thereof by the City of West' Uni verst ty Place, assignable certificates should
be issued in evidence of said assessments and liens, and the personal li-
ability of the true owner or owners 'of the respective properties,' whether (
correctly named or not, all as provided by law andby' the Charter and Ordi-
nancesof the City;' NOW, THEREFORE, .
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
. PLACE, ,TEXAS:
Section 1. That there, being no further test~ony or evidence or
protest~ for or against the,improvements heretofore ordered, at sai~hearing
granted to tq.e true owners of properties abutting upon the hereinabove and
hereinafter stated portions of '
, SWARTHMORE STREET in the 4100 block thereof; and
-BYRON STREET in.the 38po block thereof; and
" CASE STREET in the 3900 Block thereof, ,
and within the linlits above defined, and upon any of the respective portions
of said streets included within any of the designated sections as hereinafter
stated, 'and to all owning and claiming any interest th'erein, and to all 'in-
teres'ted in any assessment or any of the proceedings with reference thereto, , --1
or in any of the matters hereinabove mentioned, 'said hearing should be,
an4 the same is hereby, closed.__
Section 2. ~That the City Commission finds and determines and so
declares that each of, the steps and p:roceedingshereinabove mentioned, and
all 'proceedings with reference to the making of the improvements on: '
Section No.1. " North one-half of SWARTHMORE STREET abutting
Lots 5 and 6, in Biock 25, Colonial Terrace,
Addition; - and,
Section No.2. North, one-half of SWARTHMORE STREET abutting
Lots 9 and 10, Block 2" Colonial Terrace,
Addition; and
,}
Section No~ 3. South one-half of SWARTHMORE STREET abutting
Lot 20, Block 26, Colonial Terrace Addition;
and
Section No. 4. South one-half of BYRON STREET abutting Lot 6,
Blo:c.k 10, College View First Addition; ,and
Section No.,. South one-half of CASE STREET abutting Lot 13,
Block 12, College View First Addition
as herein stated, have been duly, legaliy, and regularly had, taken and
performed in full compliance with the law and the Charter and Ordinances of
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the City'af West University Place, Texas; that all prerequisites' to. the making
af the abave mentianed Octaber 25, 1948, contract, and addenda thereto., exe-,
cuted an behalf af the City, pursuant to. Ordinance passed and appraved October
25, 1948, and all prerequisites to the fixing af the asS'essment lien against
the respective properties hereinafter listed, andth~ persanal liability of
the respective owners thereof, whether carrectly named ar~not"p.nd whether
known ar unknawn, have been, in all things, met, performed and complied with;
that all persans interested have been given a full and fair hearing an all
matters and things in connectian with said-improvements and assessments; that
there is not to. be assessed against the abutting prapertiesand the awners
thereof mare than all the cast af curbs and 9/l0ths of the remaining cast af
such improvements as shown an the estimate ,of the EngineeJ" far said City;
that adjustment and appartianment af costs among all properties and the awners ~
thereafha ve been made in full compliance with the law and with the Charter
and Ordinances of the City, so as to produce a substantial equality af bene-
fits received and Durdens imposed; and that the special be~efits to each par-
cel af property and the owner thereof in the enhanced value thereaf by means
of said impravements, as determined at said hearing, are, in each instance,
in excess of the amount of the ass.essment made against such parcel of praperty
and its owner, and that the assessments, liens ,and charges herein ~evied,
declared, and fixed against said properties and their owners, are, in all
things, just and equitable; and that all protests and.abjections, other than
thase taken into. consideratian in fixing the amounts of the assessments and
liens, as hereinafter stated, and whether specifically herein mentioned ar
not, shauld be, and, the; same are her.eby, in,all things., averruled and denied.
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S~ction 3. That the City Commission af the City: of WestUniver~ity
Place, Texas, being the_ gaver.ning body af said City, pursuant to. the Ordinances
and all ather praceedings heretafore passed and held, and pursuant to the' ~
above mentianed Octaber 25, 1948, cantract, and the estimates, reports, ~is~s
and statements of the.Engineer for the City, and pursuant to the notice; and
hearing hereinabove mentianed and by virtue afthe powers conferred by, and
the provisians af, the above mentianed Chapter 106 of the Acts 'of theFi~~,t ,
Called Sessian af the ,40th Legisla'\;rure of,~ the State of Texas, commonly ,known
as Arti~le 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
9f saiLd City, does hereby fix and determine and does hereby levy and assess
against the respective properties abutting upon the above and hereinafter
stated sections of the highways and the portion, or portions thereaf he~eto-
fore ordered improved.and against the real and true owners thereof, whether
hereinafter correctly named or not, the r~spective,amounts hereinafter set
opposite the names of the respective apparent owners and the descriptions of
the respective properties. The impravements heretofore ordered having been
heretofore divided into separate, segregated and independent sectiQns, e~ch
whally unrelated to the other, the asses~ents and liens hereinafter set
forth are made separately' section by section with the assessments and liens
in each section separate and segregated from and wholly unrelated to the
assessments and liens in each other such section; the respective a~d segre-
gated sections of the streets to be impraved,and as to which contract has,
been awarded and the above hearing held, and assessments here levied, being
as fallows, te>-wi. t: '
Section No.1. North one-half of SWARTHMORE STREET abutting
Lots 5 and 6, in Black 25, Colonial Terrace
Addition; and
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Section No.2. North one-half of SWARTHMORE STREET"abutting
Lo,ts . 9 and" 10., Block 25, Colonial Terrace
Addition; and
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Section No., 3. South one-half of SWARTHMORE STREET, abutting
Lot 20, Block 26, .Colonial Terrace A-ddition;
and.
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Section No., 4., South one..half of BYRON STREET abutting Lot 6,
Block 10, College View First Addition; and
Section No.5. South one-ha.lf of CASE STREET abutting Lot 13;
Block 12, College View Fi,.ri,st Addition;
the, ,properties and apparent 'owners thereof and theass'essments levied against
each, respectively, are as follows:
For improvement, of V rio s S'. s S
from Various to Various-under October 2 ,19 contract with Brogan & Williams
Contractor. Cost per linear front' foot for paving with monolithic' curb $9.36.
Henry J. Johnson) Engineer for the City.
\
Block Lot Front- Fr't Ft.
Property Owner No. Addition No. age Rate Total
K.-C.lIcKenzie; et ux
Mary McKenzie
Section No.1, '
25 Colonial Terrace 5
55
9.36'
,.'$514
80
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P. J. Bartel, et
ux Anna Bartel'
25
n
6
50
9.36
468
GO
E. W. Copelin, et
ux Mary Copelin
Section No. 2
Colonial, ,
25 Terrace 9
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50
9.36
468 00
Hoyce H. Meyers, et
ux Laura B~ Meyers 25
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, .1050'
, 9..36
468" 00
Mary S. Lockhart
Widow
Jasper' Tramonte'
Section No. 3,'
26 ColOnial Terrace20' 50
Section No. .4
10 Collegeview,lst 6 ,50
Section No. 5
12 CollegeView, 1st 13 50
TOrALS 355
9.36
9.36
468 00
468 '00
E.J. Kipp,
Bachelor'"
9.36 468 00
.$3,322.80
Section No.,i - North Half Swarthmore Street abutting Said Lots.
Section No.2 - North Half Swarthmore Street abutting Said Lots.
Section No. 3 - South Half Swarthmore Street abutting Said Lots.
Section No. 4 - South Half ~onStreet abutting Said Lots.
Section No. 5- South Half Cas~ Street abutting Said Lots.
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Section 4. That-said several amounts herein assessed, together
with interest, expense of collections, and reasonable attorney's fees~ if
incurred, shall 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 J.iens, and claims exceptSta te, 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 l105'(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 pers'onal liability and charge against the said
owners of the property assessed; that said sums so assessed shall be-payable
as follows, to-wit: In five equal installments, 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 anmnn, payable annually,. and with intere~t on
principal and interest after the respective maturity dates at eight per cent
(8%) per annum, provided, however, that the assessments SQ 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 as of, .the date of the completion of the improvements on each
respective section, separately, and the acceptance thereof by said City;
and provided further, that, in the event of default in payment of any in-
stallment of any such assessment and certificate when due, wh€therof princi-
pal or interest, the whole of such assessment and certificate may be matured
ano. 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 sUJJis payable by said property
owners and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates shall be issued by the City of West
University Place to the Contractor,' or assigns, upon completion and acceptance
of each respective segregated'section of said improvements, which certificates
shall be executed by thellayorand attested by, the .City Secretary, with the
copporate seal affixed, and shall be payable to said BROGAN & WILLIAMS, or
assigns; said certificates shall declare the said amounts, and the time and
terms of payment thereof, the rate of interest payable thereon, the de-
scription of the respec1;iveproperties against which the aforementioned
asses'sments' hav.e, beeti_-feyi:e~;sufficient to identify same, and same shall
contain the name of the apparent owners thereof. - , ,
Said certificates shall further set forth and evidence the ,
assessments levied and shall declare the lien upon the respective properties
and the liabill.ty 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 shall be enforced b,y a suit in any court having jurisdiction.
And the said certificates shall further provide that if default be
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made in the .payment Itf any installment of principal; o~ int~rest ,-thereon
when due, then at the optioJl,of said BROGAN & WILLI4MS, or.assigns, being
the owner and holder thereof, the whole or" said assessment shall become '
at once due' ,and payable and shall be collectible with interest, expense or
collection andareasona~le attorney's fee, if incurred.
Said certificates shall furtherrecite.thatthe proceedings with
reference, to making the improvements therein referred to have been regularly
had, in c'ompliance with 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 property described arid.thepersonal liabi~ity of the owner or owners
thereof have beeIi performed,q :which recitals shall be, evidence of all the
matters recited in said certificate and no furtner proof thereof shall be
required. ' . 'I
Section 6. ' That the City of West University Place shall not be
liable in any manner for the payment of any sum. hereby assessec;i, .but said
City shall exercise its Charter powers, and":tne powers conferred upon it by
law when requested so to do by the holder ofqsaid certificates,' to aid in
the collection thereof.,
Section 7. The fact that the portions of the streets herein de-
fined are in need of improvement as pranptly,as possible:creates a public
emergency ~d, therefore, this Ordinance shall ,be passed finally on the date
of 'its introductio~ this,' the 19th day of November, A.. D. .19L.8, and shall
take effect 'immediately upon its passage ,and approval by the Mayor.'
PASSED ,this 19th day of Novem'Q,er, A. D. 1948.
Commissioners Buschardt,Hamlett, Holman and Mayor Lanmon voting aye.
None - voting no.
APPROVEP this 19th day of November, A. D. 1948..,
niversity
ATTEST:
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