HomeMy WebLinkAboutORD 436 - ORD Closing Hearing from True Owners Sec 1 - Milton street, Sec 2 - Rice Blvd
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ORDINANCE NO. 436
AN ORDINANCE CLOSING THE HEARING GIVEN TO ,THE aEAL _AND TRUE
OWNERS OF PROPERTY ABUTTING: ON:
SECTION NO. I: MILTON STREET FROM THE WEST LINE OF A"UDEN
STREET TO THE EAST LINE OF COLLEGE STREETj,AND
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SECTION NO.2: RICE BOULEVARD FROM TH,E EAST LI.NJ!; or COLLEGE
STREET TO THE EAST ,LINE OF W,ESLAYAN STRE&T, -
AND TO 1\1L OTHER INTERESTED PA~TIES, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID
PROPERTY AND THE TRUE OWNERS' THEREOF BY VIRTUE OF THE IMPROVEMENTS, AND AS TO
THE PROPOSED ASSESSMENTS THEREFOR, AND AS "0 THE ACCURACY., SUFFICIENCY, REGU-
LARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CmrNECTION WITH SAID
D.,{PROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; _
.FINDING ,AND DETERMINING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE
OF ALL PREREQUISITES TO FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PER-
SONAL LIABILITY OF PROPERTY OWNE~S; OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED, EXCEPT AS TO PARTICULAR CASES MENTIONED; FI-NplNG AND
DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS TBER~
OF BY REASON OF SAID IMPROVEMENTS IN EXCESS OF THE AMOUNT OF THE RESPECTIVE '
ASSESSMENTS AGAINST SAME; LEVTING; 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 CERTIFICATES AND THE MA~,lNER OF THEIR COLLECTION;
AND DECLARING AN EMERGENCY.
. WHEREAS, the City C~mmission of the City of West University Place, '\1
Texas, has heretofore, by Ordinance No. 423, duly and regularly passed and ~
approved October 25, determined the necessity for and ordered the improvement
of portions of certain streets in the City of West University Place, Texas,
to-wit:
Section No.' 1: MILTON STREET from the West line of Auden
Street to the East line of College Street; and
Sectio~ No~ 2: RICE BOULEVARD from the East line of
College Street to the East line of Weslayan Street,
'in accordance with plans and specifications prepared by the Engineer for the
City, and approved by the City Commission in said Ordinance, 'oyt.he con-
struction upon siad portions of said streets ofa reinforced concrete pave-
ment with monolit~ic-cu.rbs and appurtenances and incidentals to such improve-
ments, all as more specifically shown by said plans and specifications; and
whi~h'~provements were divided ani segregated into, separate and,segregated
sections as hereinafter set forth; and ,. - -" - " ,
'. WHEREAS, pursuant to advertisement therefor sealed bids were duly
and regularly , received and examined, and pursuant to report and recommendatl.. on
by the Engineer for the City, anq after appropriation to cover the estimated
cost to the C~ty of such .improvements, all as provided by the Charter of said
City and by law and in full compliance therewith, said City Commission of the
City of West University Place, Texas, did by its Ordinance No. 432, duly and
regularly passed and approved ~ovember 22, 1948, award a contract for the con-
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struction of said improvements on the above and hereinafter described Sections
1 and 2 to Brogan & Williams on its lowest secure bid, which contract has been
heretofore fully executed; and
WHEREAS, upon examination of the estimates of costs of said improve-
ments 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. 433, duly and regularly passed and approved November
29, 1948, ordered that a hearing be given to all owning or claiming any pro-
perty abutting upon any of the respective portions of the~streets therein and
herein set out, and included wit in any of the designated Sections Nos. 1 and
2, and to all owning and claiming any interest therein, and to all interested
in any assessment or any of the proceedings with reference t?ereto, as to the
propo:red assessments and proceedings, and on any matter as to which hearing is
a constitutional prerequisite, ,and as to the amounts of the proposed assess-
ments, the lien and liability thereof, the special benefits to the abutting
property and owner thereof by means of said improvements for which assess-
ments are to be levied, and as to the accuracy, sufficiency, regularity, and
validity_of the proceedings and the contract'in connection with such improve-
ments and 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 West University Place, Texas, with the right and opportUnity to contest the
amounts of the proposed assessments and all other such matters and things;
said he:ar:i.ng to be held by and before the City Commission of the City of West
University Place, Texas at 7:30 P.M. on December 17, 1948, in the City Hall of
said City, at wh~ch time and place all of such parties might appear and be
heard 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 Ordinances
of the City of West University Place, Texas; and
WHEREAs, said notice, as ordered and directed by the City Commission
and as required by the terms and provisions of Chapj:;er 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 City 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 in
the Southwestern Times, designated as the official newspaper of the City, on
December 2, 9 and 16, 1948; and by publicati on of said notice on December 2,
9 and 16, 1948, in the Daily Court Review, published in Houston, Texas, 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 described the nature of the iJilprovements for which as-sessments were
proposed to be levied and to which such notice related, having stated the
highways,and the portions-thereof to be improved, the estimated amounts- per
front foot proposed to be assessed 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 improvements on au-cn> highway
and each of the segregated sections ,thereof, and having 'Stated the time and
place at which such hearing should beheld, and said notice having given ad-
ditj.onal information and having, in all res'pects, fullY'met and complied with
all provisions of law and of the Charter and Ordi nances of saidCi ty requisite
or pertinent thereto; and
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, WHEREAS, ,at said hearing, of which such notice was so given,
testimony and evidence ~as given by the Engineer for' the City, and be real
, estate experts familiar with the proposed improvements, the respective pro-
perties 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 proceedings appeared and
made statements and ga-lie testimony; and at said hearing, all parties desiring
to be heard concerning any of the matters hereinabove and in said Ordinance
No. 433 and in said notice mentioned, and as to any other matters connected
with said proceedings, and con'cerning any other matters or things with reference
theretQ, 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 value ,of said respective pro-
perties by mean~ of such improvements, and said City Commission having heard
and considered the evidence and having given full and fair hearing to all
parties appearing oI!. desiring to appear; and having determined at such,hearing
said 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/l0ths of the remaining cost
of such improvements (exclusive of intersections), as showp. on the estimate 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 the opini,on
of the City Commission, the application of such rule would result in injusti~e
or inequality, and in each of v.h ich particular cases the City Commission has
apportioned and assessed the costs of such improvements in proportions 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 pro-
perty 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 burdens imposed, each of which adjustments and apportionments
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have been taken into con~~deration and made in.the assessments hereinbelow
set forth; and saidCi ty Commission having determined that the application of
said Front Foot ,Plan or Rule and the apportionments in particular cases do
produce a subs~btial equality of benefits received and burdens imposed, and
having determined at said hearing, that the assessments hereinbelow made and
the charges hereby declared against the property owners and their respective
properties are, in all things, just and equitable, and that in each instance
the assessment made 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 wi th reference to the making of the im-
provements hereinabove mentioned have been regularly had, and duly and legally
taken and performed in full compliance with the l'~w;,and the Charter and. Ordinances
of the' Gity of West University Place, Texas, and all prerequisites to fixing
the assessment lien against the properties hereinafter listed, and the personal
liabili ty of the respective owners .thereof, halr~ 'been performed, and upon
completion of each respective separatealld 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
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Section 1. That there-being no further testimonY-cor evidence or
protest, for or against the improvements heretofore ordered, at said hearing
granted to the true owners of properties ab\1tting upon:
Section No.1: MILTON STREEl' from the West line of
Auden Street to the East line of:. College Street; and
Section No.2: RICE BOULEVARD from the East line of
College Street to the East line of Weslayan Street,
and within the limits 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 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 deternTIi..nes and so
declares that each of the steps and proceedings hereinabove mentioned, and all
proceedings with reference to the making of the improvements on:
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Section No.1: MILTON STREET from the West line of
Auden Street to the East line of College Street; and
Section No.2: RICE BOULEVARD from the East line of ..
College Street to the East line of Weslayan Street,
as herein stated, have been duly, legally, and regularly had;-taken and
performed in full compliance with the law and the Charter and Ordinances of
the City of West University Place, Texas; that all prerequisites to the
making of the above mentioned November 22, 1948, contract; executed on behalf
of the City, pursJlant to Ordiriance passed and approved November 22, 1948, .
and all nrerequisites to the ~ixing of the assessment lien against the re-
spective. properties hereinafter listed, and the personal'liabilityof the re-
'spective owners thereof, whether correctly named or not, and whether known
or unknown, have been, in all things, met, performed, and complied with; that
all persons interested have been given a full and fair hearing on all matters
and things in connection with said improvements and assessments; that there is
not to be assessed against the abutting properties and the owners thereof more
than all the cost of curbs and 9/l0ths of the remaining cost of such improve-
ments (exclusive of intersections)~ as shown on the estimate of the Engineer
for said City; that adjustment and apportionment of costs among all properties
and the owners thereof have been made in full compliance with the /law and with
the Charter and Ordinances of the City, ao as to produce a substantial equality
of benefits received and 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, in each
instance, in excess of the amount of the assessment made against such parcel
of property and its mvner, and that the assessments, liens and charges hereiri
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levied, declared, and fixed against said properties' and their owners, are, in
all things, just and equitable; arid that all protests and objections, other than
those taken into consideration in fixing 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 things, 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 proceedings heretofore passed and held, and pursuant to the
above mentioned November 22, 1948, contract and the estimates, reports, lists,
_ and statement,s of the Engineer for the City, and purs~nt to the notice and
hearing hereinabove mentioned and by virtue of the powers conferred by, and
the provisions of, the above mentioned Chapter 106 of the Acts of the First
Called Session of the 40th Legislature of the State of:Texas, ~ommonly_known
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 said City, does hereby fix and determine and does hereby levy and assess
against the respective'properties abutting upon the ab~ve and hereinafter
stated sections of t~e highways and the portion or portions thereof heretofore.
ordered improved and against the real and true owners thereof, whether herein-
after correctly named or not, the respective amounts hereinafter set opposite
the riamesof the respective apparent owners and the ctescriptions of the re~
spective properties. The improvements heretofore ordered having been here-
tofore divided into separate, segregated, and independent s~ctions, each
, wholly unrelated to the other, the assessments 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 separate and segregated
sections of the streets to be improved, and as to which contract has been a-
warded and the above hearing held, and assessments here levied, being as
follows, to-wit:
Section No.1: MILTON STREET from the West line of Auden Street
to the East line of College Street; and
Section No.. 2: RICE BOULEVARD from the East line of College
Street to the East line of Weslayan Street,
the properties and apparent owners thereof, and the assessments levied against
each, respectively, are as follows:
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WEST UNIVERSITY PLACE._TEXAS- PAVING ASSESSMENT
For improvement of Milton Street, Sections No.1, 27 feet wide, from W. L.
l Auden to E. L. College under November 22, 1945 contract with Brogan & Williams
I Contractor. Cost per linear front foot for paving 1~th monolithic curb $6.55.
~ NORTH SIDE
Block Lot Front- Fr't.
Property Owner No. Addition No. age Ft. Total
City of West Univer- A. C. Reyholds
sitY,Place survey 155 6.55 1,015.25
~ J. S. Price et ux
, ,'Vinnie Price 15 Collegeview 3rd. 10 50 6.55 ' 327.5d
\/ James F. Jolley et
ux Lorraine G. 15 Collegeview 3rd. 11 50 6.55 327~50
'Weldon E. Howard
et ux Thelnla 15 Collegeview 3rd. 12 50 6.55 327.50
/Home Mtg. Corp. 15 College view 3rd. 13 50 6.55 327.50
Adelaide Knapp,
widow 15 Collegeview 3rd. 14 50 6.55 327.50
L. F. Knapp 15 Collegeview3rd. 15 50 6.55 327.50
West University
I Baptist Church 15 Collegeview 3rd.. 16 50 6.55 327.50
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o. B. Crozier 15 Collegeview 3rd. 17& 117.2 6.55 767.66
18
TOTAL NORTH SIDE 622.2 4,075.41
SOUTH SIDE
City of West. U:1iver-
sity Place 18
1,2,3,
Collegeview 3rd. 4,5,6, 417.2 6.55
7 & N~
of 8
2,732.66
West Uni versi ty,
Baptist Church
18 Collegeview 3rd. 9 &o~ 205 6.55
Lot 8.
1.295 -
Acres out of
A.C.Reynolds
surv. lying
between said
lots & Auden
St.&bet Milton
&Amherst Sts.
TOTAL SOUTH SIDE 622.2
TOTAL NORTH SIDE 622.2
TOTAL SECTION 1 1,244.4
1,342.75
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4,075.41
4,07~.41
8,140.82
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For improvement of~ice Blvd. , Sections No. 2; 311 feet Wide. from E. L! College
to E. L. Weslayan under November '22, 1948 contract with Brogan & Williams,' '
Contractor. Cost per linear front foot: for pavirtg with monolithic curb $6.00.
,
Property Owner '
Block
No.
John Francis Penning-
ton et ux Blanche 13
Theresa M. PenningtDn
wife of J. E. Pen-:-
nington 13
[Mildred Torres (fs)
Albino Torres, 13
Lorena Jones (fs) 13
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(/ George S. Henkle, Jr.
et ux Lara F. 13
v C. M. Puckett et ux
Irene
13
C. M. PUckett et ux .
Irene
13
13
Wynne C. Walston
;; Lewis G. Beck' et
ux Mary Eliz.
NORTH SIDE
Addition
Lot Front- Fr't. Ft.
No. age Rate Total
Collegeview 3rd. 10 60
Collegeview 3rd. '11 57.2
Collegeview 3rd. 12 50
Collegeview 3rd. 13 50
Collegeview 3rd. 114 50
Collegeview 3rd. :15 50
Co1legeview3rd.
Collegeview 3rd.
13 Collegeview 3rd.
Joe Muse et ux '
Josephine 16
Harris E. Vick et
'ux Vivian C. 16
~/ Sidney Aronson et
ux Frieda 16
V H. Boyd Healy Jr.
et ux Josephine W. 16
A. T. Johnson et ux
Eliz. A.
16
TOTAL NORTH SIDE
SOUTH SIDE
Collegeview 3rd. 1
Collegeview 3rd. 2
Collegeview 3rd. 3
Collegeview 3rd. 4
Collegeview 3rd. 5
16
17
50
50
18 50
467.2
50
50
50
50
50
6.00
6.00
6.00
6.00
6.00
360.00
343.20
300.00
300.00
300.00
6.00 " 300.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
300.00
300.00
300.00
2,803.20
300.00
300.00
300.00
300.00
300.00
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Block Lot ' Front- Fr't Ft.
I Property Owner No. Addition No. age Rate Total
, 'Marion W. Groner
-i (single)
Rachel Groner (fs) 16 Collegeview 3rd. 6 50 6.00 300.00
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J. H. Foxworth
et ux Erna 16 Collegeview 3rd. 7 50 6.00 300.00
E. L., Roten et ux
Norma o. 16 Collegeview 3rd. .8 57.2 6.00 343.20
/ G. M. McFarland
et ux Pauline 16 Collegeview 3rd. 9 QO 6.00 360.00
TOTAL SOUTH SIDE 467.2 2,803.20
TOTAL NORTH SIDE 467.2 2,803.20
TOTAL SECTI ON 2 934.4 5,606.40
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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 liens and claims except State, County, and Pity 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 prop-
ertyassessed; that said sums so assessed shall be payable as follm~,.t~-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 insta.llment 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 in-
stallment thereof from said date of acceptance, at the rate of five p~r 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; pro-
vided, however, that the assessments so levied and the certificates to be
issuec in evidence thereof against properties on the respectiv~ segregated
sections, as hereinabove set out, ,shall date from, ano. be issued as of, the
date of the completion. of the improvements on each respective section, sepa-
rately, and the acceptance thereof by said City; and provided, further, that,
in the event of default in payment of any installment of any such assessment
,and certificate when due, whether of principal or interest, the whole of such
assessment and certificate may be matured and declared due at t~e 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,
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the liens securing same and the several sums payable bysaid'property owners
and the time and terms of payment, and to aid in the enforcement thereof,
assignable eertificates shall be issued by the City of West Univers~ty Place
to the Contractor, or assigns, upon completion and acceptance of e~ch res-
pective segregated section of said improvements, which certific~tes shall be
executed by the Mayor and attested by the City Secretary, .dth the corporate
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seal affexed, and shall be payable to said Brogan & Williams or assigns; said
certificates shall declare the said amounts, and the time and terms of pay-
ment thereof, the rate of interest payable thereon, the description of the
respecti ve, pr,operties. against ''Ihich the aforementioned assessmEn ts have been
levied, sufficient to identify same, and same shall contain the name of the
apparent owners thereof~
Said certificates shall further set forth and evidepce the assess-
ments levied and shall declare the lien upon the respective properties and the
liability of the true owner or owners thereof, whether correctly named or lJ.ot,
and shall provide that if default be made in the payment thereof, same shall
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 a reasonable attorrieyts fee, if incurred.
Said certificates shall further recite that the proceedings with
reference to making the improvements therein referred to have been regularly
had in compliance with the law and the Charter of the City of West Uni versi ty
Place, and that all prerequisites to the fixing of ~he assessment lien against.
the property 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 re-
quired.
Section 6. That the City of West University Place "shall not be li-
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 when
requested so to do by the holder of said certificates, to aid in the collection
thereof .' '
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Qection 7. The fact that the portions of the streets herein de~ined
are in need of improvement as promp~ly as possible creates a public emergency
and, therefore, this Ordinance shall be passed finally on the date of its \
introduction this, the"17th day of December, A. D. 1948, and shall take effect
immediately upon its passage and approval by the M9Yor.
PASSED this 17th day of December, A. D. 1948.
CommissiolJ.ers/Buschardt, Hamlett, Terry and Mayor Lanmon voting aye.
None - voting no.
APPROVED this 17th day of December, A.D. 1948.
ATTEST:
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