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HomeMy WebLinkAboutORD 503 - ORD Closing & Hearing Real and True Owners of Certain Property at 4100 Block of Byron and Case Street " .,~.:~j~',:: .1 ORDTNANr.F. NO_ ~01 I J .' AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF CERTAIN PROPERTY ABUTTING ON PORTIONS OF: hlOO BLOCK OF BYRON STREET, AND hlOO BLOCK OF CASE STREET, AND TO ALL arHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS ,TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS' THEREOF BY VIRTUE OF THE PROPOSED ASSESSMENTS THEREFOR, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PRO- CEEDINGS M.m CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THERE- WITH; FINDING AND DETERMINING THE REGULARITY OF ALL PROCEED- INGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; OVERRULING AND DENYING ALL PRarESTS AND OB- JECTIONS OFFERED, EXCEPT AS TO PARTICULAR CASES MENTIONED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF BY REASON OF SAID IMPROVEMENTS IN EXCESS OF THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; 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 CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND DECLARING AN EMERGENCY. I ~ '. WHEREAS, having theretofore determined the necessity for, and ordered the improvement of, portions of certain streets in the City of West University Place, Texas, and, pursuant to advertisement therefor, having received and examined sealed bids, and pursuant to report and recommendation of the Engineer for the City and appropriation to cover the estimated cost to the City of such improvements, all as provided by the charter of said City and by law, and in full compliance therewith, the City Commission of the City of 1Vest University Place, Texas, did by Ordinance No. 478, duly and regularly passed and approved July It, 1949, award a contract for the construction of said improvements on portions of Byron, Case and West Point Streets to Russ Mitchell, Inc. on its lowest secure bid; and did thereafter and by its Ordinance No. 493, duly and regularly passed January 2J; 1950, authorize and make certain addenda and amendments to said contract, all of which have been hereto- fore fully executed; and ' ] WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore, by Ordinance No~ 494, duly and regularly passed and approved January 23, 1950, again determined the necessitr.1 ,for and ordered the improvement of portions of certain streets in the City of West University Place, Texas, in accordance with plans and specifications prepared by the Engineer for the City, and approved by .lo<."".........~ ..a,....t....~ ;.., ~~~t ' ,4- ~_ t.. .: _':.::;, ~-:~~ _., ::...~,~-' ....-.-- ~ , . ,\, ~_-J. 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IIlrl" [ , .--1 ._1 '1:."1 11: .~___.::J -~"~"" 2' , ' ~ the City Commission in said ordinance, by the construction upon said portions of said streets of a reinforced conqrete pavement with mono- '0 lithic curbs and appurtenances and incidentals to such improvements, all as more specifically shown by said plans and specifications; and portions of which improvements were divided and segregated into sepa- rate and segregated sections as hereinafter set forth; and 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 Ci,ty Commission of the City of West University Place, Texas, by its Ordinance No. 495cthat 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 said designated sections, and to all owning and claiming any interest therein, and to all interested in any assess- ment or any of the proceedings with reference thereto, as to the pro- posed 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 bene- fits to the abutting property and owner thereof by means of said im- provements for which assessments are to be levied, and as to the accur- acy, sufficiency, regularity, and validity of the proceedings and the contract in connection with such improvements 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 the City of West University Place, Texas, with the right ,and opportunity to contest D. _ the amounts 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 February 10, 1950, 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 ordi- nance 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 Com- mission and as required by the terms and provisions 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 City of West Univer- sity 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 thereo:fZ by publication of same in' the South- western Times, designated as the official newspaper of the City, on January 26,< February 2 and February 9, 1950; and by publication of said notice on January 25, February 1, and February 8, 1950, in the Daily Court Review published in Houston, Texas, being the nearest to the City of West University Place, T~xas, qf 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 0 proposed to be levied and to which such notice related, having stated the highways and the portions thereof to be improved, the estimated I J.' l J o 3 amounts per front foot proposed to be assessed against the owners of abutting prQP~rty, and such property on such highway and each respective section ther~of with reference to which the hearing mentioned in said ' . notice was tb be held, and having stated the estimate~ total cost of the improvemerits on 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 law and of the charter and ordinances of said City requisite or pertinent'thereto; and WHEREAS, at said hearing, of which such notice was so given, testimony, and evidence was given by the Engineer for the City, and by real estate experts familiar with the proposed improvements, the re- spective properties on the above and hereinafter stat~d sect~ons of the streets to be improved, and the present condition of the existing streets, and numerous property owners and other parties interested in the pro- ceedings 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. 495 and in said notice mentioned, and as to any other matters connected with said proce~dings"and con- cerning 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 value of said respective prop- erties 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 de- termined at such hearing said special benefits as aforesaid; and having determined that there is not to be assessed against said abutting prop- erties and the respective owners thereof more than all the cost of con- structing curbs and 9/10ths of the remaining cost of such improvements, as shown on the estimate of the Engineer for the City; and having de- termined that the Front Foot Plan or Rule is just and equitable except in particular cases wherein, in the opinion of the Ci~y Comm~ssion, 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 found and now de- clared by it to be just and equitable, having in view the special bene- fits in enhanced value to be received by such respective parcels of property and the owners thereof, the equities of such owners and the ad- justment of such apportionment so as to produce a substantial,equality of benefits received and burdens imposed, each of which adjustments and apportionments have been taken int.o 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 and the apportion- ments 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 declared against the property owners and their respective properties are, in all things, just and equitable, and that in each instance the assessment made again~t any parcel of property and its ovvuer is less than the special benefits to I." . '-r- ,:-".- !: "::I ~LWILtl 4, IFill I " r....:.l..*_I:.]:. ..r.._...."..."I~- 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 hereinabove mentioned have been regularly had arIlduly and legally taken and performed in full compliance with the law and the charter and ordinances of the City of West University Place, Texas, and all prerequisites 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 segregated section into which the work has been divided, and upon the acceptance thereof by the City of West Upiversity Place, assignable certificates should be issued in evidence of said assess- ments and liens, and the personal liability of the true owner or owners of the respective properties, whether correctly named or not, all as provided by law and by the charter and ordinances of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That there being no further testimoqy or evidence or protest, for or against the improvements heretofore ordered, at said hearing granted t9 the true owners of properties abutting upon the here- inabove and hereinafter stated portions of 4100 Block of BYRON STREET; 4100 Block of CASE STREET; . and within the limits herein 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 determines and so declares that each of the steps and proceedings hereinabove mentioned, and all proceedings with reference to the making of the improvements on: Section 1: South one-half of Byron Street abutting Lot 26 ' in Block'28, Colonial Terrace Addition; _ Section 2: South one-half of Byron Street abutting the East 25 feet of Lot 24 and the West 35 feet of Lot 23 in Block 28, Colonial Terrace Addition; Section 3: -South one-half of Byron Street abutting Lot 21 !i' U o '" o ] ) I --' ] 5, tBl:\", ;~':< ;:--,,(;C ,." ~ '~:int'Bl'6ci1':28, '?G~:I.'oniai:: T~Trace" Addition; ~0I f _L',~' .! :,.'f"~ .6, '., t, ; "",:1 p.....r..;.1 (~?:. '(', ~(}: : '~_ .,: (. . or' .- " "Se'ctiondli:X:, Nor'th~~bneeha.lf of Case StreB'+' abutting the <, , " .". " DoWning property, conveyed by deed in VoL 1735, page 493, of the Deed Records of Harris County, Texas, as Lot 6, and occupied as the East 35 feet of Lot 6 and the West 15 feet of Lot 7, all in Block 26, Colonial Terrace Addition; Section 5: North one-half of Case Street abutting the East 35 feet of Lot 9, all of Lot 10 and the West 10 feet of Lot 11, all in Block 26, Colonial Terrace Addition; Section 6: South one-half of Case Street abutting Lot 14, Block 27, Colonial Terrace Addition; , 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 July lith, 19h9, cop.tract, and amend- ment thereto, executed on behalf of the City, pursuant to ordinances passed and approved July 11, 19h9 and January 23, 1950, and all prere- quisites to the f~xing of the assessment lien against the respective properties heretnafter listed, and the personal liability of the respective owners thereof, whether correctly named or not, and whether known or un- known, have been, in all things, met, performed and c,omplied with; that all persons interested have been given a full and fair hearing on all matters and t~ings in connection with said improvements and assessments; that there is not to be assessed against the abutting properties and the owners thereof more than the cost of curbs and 9/10ths of the remaining cost of such improvements 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 mlfde in full compliance wi,th the law and with the charter and ordinances. of. the City, so as to produce a sub- stantial 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 assess- ment made against such parcel of property and its owner, and that the assessments, liens and charges herein 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 con- sideration in fixing the amounts of the assessments and liens, as herein- after stated, ~nd 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 Uni- versity 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 July 11th, 1949, contract and amend- ment thereto, and the estimates, reports, lists and statements of the Engineer for the City, and pursuant to the notice and hearing hereinabove ITr~ 1:,.. ....~ 1...._. ,L......, I ~ 6:. mentioned and by virtue of the powers conferred by, and the prov~s~ons of, the above mentioned Chapter 106 of the Acts of the First Called I~ Session of the 40th Legislature of the State of Texas, commonly known U as Article 1105(b), Revised Civil Statutes of Texas, 1925, heretofore adopted by the City of West Univers-ity,Place, Texas, in and as a part of, the Charter of said City, does hereby fix and determine and does hereby levy and asse~s against the respective properties abutting upon the above and hereinafter stated sections of the highways and the portion or portions thereof heretofore ordered improved and against the real and true owners thereof, whether hereinafter correctly named or not, the re- spective amounts hereinafter set opposite the names of the respective apparent owners and the descriptions of the respective properties. The improvements heretofore ordered having been heretofore divided into sepa- rate, segregated and independent sections, each wholly unrelated to the other, the assessmentstand liens hereinafter set forth are made sepa- rately section by section with the asses~ments and liens in each section separate and segregated from and wholly unrelated to the assessments and liens in e~ch other such sect~on; the respective and segregated sections of the streets to be improved, and as to which contract has been awarded and the above hearing held, and as~essments here levied are as herein- above and hereinafter set forth, and the properties and apparent owners thereof and the assessments levied against each, respectively, are as ~f ollows : Section Property Front- Frt. Ft. No. Description Owner age Rate Total 0 1 S ! of Byron Street Leonard J. abutting Lot 26, in - Smelley et ux 60 6.45 $387.00 Blk. 28, Colonial Abbye Smelley Terrace Addition 2 S ! of Byron Street Kathleen M. , abutting E 25' of Vernor et vir. Lot 24, and W 35' of W. M. Vernor 60 6.45 387.00 Lot 23 in Blk. 28, Colonial Terrace Add. 3 S t of Byron St. F. A. Krenzler, abutting Lot 21 in et ux Alma 50 6.45 322.50 Blk. 28, Colonial Krenzler Terrace Add. h N ! of Case St~ Geo. A. Dowiling abutting the Downing et ux Vivian 50 6.49 324.50 pr.operty conveyed by Downing deed in Vol. 1735, page 493 of Deed Rec- ords of Harris Co., Texas, as Lot 6 and occupied as E 35' of [J Lot 6 and W 15' of Lot 7 all in Blk. 26, Colonial Terrace Add. 7 S N ! of Case St. H. G. Bastian ] abuttingthe,E 35' et ux Ellzabeth 100 6.49 $649.00 of Lot 9, all of s. Bastian (H. Lot 10 and W 10' of G. Bastian, de- Lot 11, all in Blk. ceased) f, 26, Colonial Ter- race Addition. 6 s i of Case Street abutting Lot 14, Stella Hubbard 58.17 6.49 377.S2 Blk. 27, Colonial Terrace Add. l ..".-- 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 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 a~d charges against the true owners of said proper- ties, respectively, whether correctly named or not, all as provided in and by said Article 1105 (b) of Vernon I 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; that said sums so assessed shall be payable as follows, to-wit: In five equal insta.llments, 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 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 installment of any such' assessment and certificate when due, whether of principal or interest, the whole of such assessment and cf?rtificate 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'S. 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 terms of payment, and to aid in the enforcement thereof, assignable certificates shall be is~ued by the City of West Uni- '\ J ,.. . 0'1--. "r'--T..-- ,. . ....:1 r.- - "1-- ___.___LJLlilJII ITrm II . .I [ .. I H' I.... . .1..... .....1 > 8 versity Place to the Contractor, or" assigns, upon completion and accep- tance of each respective segregated section of said improvements, which certificates shall be executed by the Mayor an~ attested by the City Secretary, with the corporate seal affixed, and shall be payable to said Russ Mitchell, Inc., or assigns; said certificates shall declare the said amounts, and the time and terms of payment thereof, the rate of in- terest payable thereon, the description of the respective properties a- gainst which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain the name of the apparent OVfners thereof. o Said certificates shall further set forth and evidence the assessments levied and shall declare the lien upon the respective proper- . ties and the liability of the true owner or owners thereof, whether cor- rectly named or not, and shall provide that if default be made in the payment thereof, same shall be enforced by a suit in any court having jurisdiction. 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 up- on it be law when requested 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 and, therefore, this ordinance shall be passed finally on the date of its introduction, this the 10th day of February, A. D. 1950, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 10th day of February, A. D. 1950. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. None - voting no. o J 9 APPROVED this ~Oth day of February, A. D. 1950. ATTEST: ./} ..~ ~ ~ .C" . , .t . . e ary l: -' J -'-'__.__.L-E" ~.... ..---1__ ".-n..