HomeMy WebLinkAboutORD 504 - ORD Closing & Hearing Real & True Owners with Certain Property at 4100 & 4200 Blocks of Lehigh , Darthmouth and Swarthmore Street
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ORDTNANCF. NO. 5011
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF CERTAIN PROPERTY ABUTTING ON PORTIONS OF:
4100 and 4200 BLOCKS OF LEHIGH STREET;
4100 and 4200 BLOCKS OF DARTMOUTH STREET, AND
3800 BLOCK OF SWARTHMORE STREET,
AND TO ALL OTHER INTERESTED PARTIES, AS TO SPECIAL BENEFITS TO
ACCRUE TO SAID PROPERTY AND THE TRUE UWNERS THEREOF BY VIRTUE
OF THE IMPROVEMENTS, AND AS TO THE PROPOSED ASSESSMENTS THERE-
FOR, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND
VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTIdN WITH
SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING
CONNECTED THEREWITH; FINDING AND DETmMINING. 'l'aE REGULAAITY OF
ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO
FIXING AND LEVYING THE ASSESSMENT LIENS AND THE PERSONAL LI-
ABILITY OF PROPERTY OWNERS; OVERRULING AND DENYING ALL PRO-
TESTS AND OBJECTIONS OFFERED, EXCEPT AS TO PARTICULAR CASES
MENU ONED; FINDING AND DErERMINING 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 SAME; LEVYING ASSESSMENTS; FIXING A CHARGE AND
LIEN AGAINST THE RESPECTIVE PROPERTIES ABUTTING ON THOSE
PORTIONS OF SAID STREErS TO BE IMPROVED AND AGAINST THE TRUE
OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IM-
PROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING F OR THE IS-
SUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR
COLLECTION; AND DECLARING AN EMERGENCY.
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WHEREAS,. by it Ordinance No. 456, duly and regularly passed
and approved April II, 1949, the City Commission of the City of West
University Place, Texas, determined the necessity for and ordered the
permanent improvement of portions of the 4100 block of Lehigh Street
and portions of the 4100 block of Dartmouth Street, constituting three
separate and segregated sections, more particularly described in said
ordinance, and hereinafter set out, all in accordance with plans and
specifications therein approved and adopted; and
WHEREAS, by Ordinance No. 389, duly and regularly passed and
approved November 14, 1949, said City Commission determined the neces-
sity for and ordered the improvement of certain portions of the 4200
block of Dartmouth Street and certain portions of the 4100 and 4200
blocks of Lehigh Street and portions of the 3800 blo~k of Swarthmore
Street, constituting six separate segregated sections, more particularly
described in said ordinance, and hereinafter set out, all in accordance
with plans and specifications therein approved and adopted; and
WHEREAS, pursuant to advertisement therefor, as authorized and
directed by the foregoing Ordinance No. 490, duly and regularly passed
and approved November 14, 1949, sealed bids were duly and regularly re-
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ceived and examined, and 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 City and by law and in full compliance therewith, said City
Commission of the Cit,y of West University Place, Texas, did by its
Ordinance No. 497, duly and regularly passed and approved January 23,
1950, award a contract for the construction of said improvements on the
above and hereinafter described sections to J. L. Williams Construction
Co., Inc. on its lowest secure bid, which contract, and certain addenda
and amendments thereto, have been heretofore fully executed; and
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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. 498, duly and regu-
larly passed and approved January 23, 1950, 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 in-
cluded 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-
ceedings 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 special benefits to the abutting prop-
erty 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 ~~th 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, vvith
the right and opportunity to contest the amounts of the proposed assess-
ments 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 8:30 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 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
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WHEREAS, said notice, as ordered and directed by the City
Commission 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 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 adver-
tisement thereof by publication of same in the Southwestern Times,desig-
nated 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,
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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 related, having stated the highways and the portions
thereof to be improved, the estimated amounts per front foot proposed to
be assessed against the ovmers 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 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 com-
plied with all provisions of law and of the charter and ordinance 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 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 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. 498 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 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
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 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 9/10ths 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 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 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 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 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
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the assessments hereinbelow made and the charges h~reby declared against
the property owners and their respective properties are, in all things,
just and equitable, and that in each instance ,the assessment made a-
gainst any parcel of property and its owner is less than the special
benefits to said property and the owner thereof by means of said im-
provements, and that, with the exception of apport~onments and adjust-
ments in particular cases which 'have been granted and allowed in de-
termining the amounts of the assessments hereinbelow made, all other
objections and protests should be overruled and denied; and
I~EREAS, all proceedings with reference tq the making of the
improvements hereinabove mentioned have been regularly had and duly
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 ~he 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 University Place,
assignable certificates should be issued in evidence of said assessments
and liens, and the personal liability of the true owner or o~mers of
the respective properties, whether correctly named'or not, all as pro-
vided by law and by the Charter and ordinance of the City; NOW THERE-
FORE,
BE IT ORDAINED BY THE CITY COMMISSION OF ':J?HE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section I. That there being no further testimony or evidence
or protest, for or against the improvements heretofore ordered, at
said hearing granted to the true owners of properties abu~ting upon
the hereinabove and hereinafter stated portions of
4100 and 4200 BLOCKS OF LEHIGH STREET;
4100 and 4200 BLOCKS OF DARTMOUTH STREET, and
3800 BLOCK OF SWARTHMORE 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 there-
in, 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 No.2-A: The North one-half of LEHIGH STREET (in the
4100 block thereof) from the East line of Lot 14 to the
West line of Lot 15 in Block 20, College Court Addition;
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Section No.3-A: The South one-half of DARTMOUTH STREET
(in the 4100 block thereof) from the East line of Lot 8
to the West line of Lot 7in Block 19, College Court
Addition;
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Section No. I: North one-half of DARTMOUTH STREET (in the
4200 block thereof) from the East line of Lot 23 to the
West line of Lot 23 in Block 9, College Court Place Addition;
and
Section No.2: The South one-half of DARTMOUTH STREEr (in the
4200 block thereof) from th~ East line of Lot 13 to the
West line of Lot 13 in Block 8, College Court Place
Addi ti on;
Section No.3: The South one-half of LEHIGH STREEr (,in the
4100 block thereof) from the East line of Lot 2 to the
West line of Lot 2, in B~ock 21, College Court Place Ad-
dition;
Section No.4: The South one-half of LEHIGH STREET (in the
4200 block thereof) from the East line of Lot 9 to the
West line of Lot 9, in Block 6, College Court Place
Addition;
Section No. ~: The North one-half of SWARTHMORE STREET (in
the 3800 block thereof) from the East line of Lot 16 to
the West line of Lot 17 in Block 15, CollegeviewFirst
Addition;
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Section No.6: The North one-half of SVfARTHMORE STREET (in
the 3800 block thereof) from the East ~ine of Lot 12 to
the West line of Lot 12 in ~lock 15, C~llegeviewFirst
Addition;
all in said City of West University Place, Texas, 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 January 23, 1950 contract and addenda thereto, exe-
cuted on behalf of the City, pursuant to ordinances passed and approved
January 23, 1950, and all prerequisites to the fixing of the assessment
lien against the respective properties hereinafter listed, and the per-
sonal liability of the respective 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 9/10ths of the remaining cost of such improvements
as shown on the estimate of the Engineer for said City; that adjust C:
ment and apportionment of costs among all properties and the owners
thereof have been made in full compliance with the law and with the
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Charter and ordinances of the City, so as to produce a substantial
equality of benefits received and burdens impQsed; and that the special
benefits to each parcel of property and the owner thereof in the en-
hanced 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 owner, and that
,the assessments,. liens and charges. h~rein levied, declared, and fixed
against said properties and their oVrrlers, are, in all things" just and
equitable; and that all protests and objections, other than those taken
,into c onsidera tion in fixing the amounts of, t he assessments and liens,
as hereinafter stated, and '''lhether specifically herein mentioned or not,
should be, and the same are hereby, in all things, overruled and denied.
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Section 3. That the. City Commission of the City of West Uni-
versity Place, Texas, being the governing bQdy of said City, pursuant
to the ordinances and all other proceedings heretofore passed and held,
and pursuant to the above mentioned January 23, 1950 contract and the
estimates, reports, lists and statements of the Engineer for the City,
and pursuant 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, commonly known as Article 1105(b),
,Revised Civ.il Statutes of Texas, ~925, 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 above and herein-
after stated sections of the highways and the portion or portions thereof
hsretofore ordered improved and against the real and tMle owners thereof,
whether hereinafter correctly named or not, the respective amounts here-
inafter set opposite the names of the respective apparent owners and
.thedescriptions of the respective properties. The improvements hereto-
fore ordered having been heretofore divided into separate, segregated
and independent sections, each wholly unrelated to the other, the assess-
ments and liens hereinafter set forth are made s~par~tely section by sec-
tion with the assessments and liens in each section separate and segre-
gated from and wholly unrelated- to the assessments and liens in each
other such section; the respective and segregated sections of the streets
to be improved, and as to which contract has been ~warded and the above
hearing held, and assessments here levied, are as hereinabove and herein-
after set forth, and the properties and apparent owners thereof and the
assessments levied against each, respectively, are as follows:
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Section Frt. Ft.
No. Description Property Owner Frontage Rate Total
2 A N l 4100 Lehigh St. II
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abutting Lots 14 & 15 E. J. Kipp 100 9.405 $940.50 U
Blk. 20, College Court
3 A S l 4100 Dartmouth St.
abutting Lots 7 & 8, M. R. McFarland 108.4 9.405 1019.50
Blk. 19, College Court
I N l 4200 Dartmouth St. R. c. Hahnsberger 50 9.405 470.25
abutting Lot 23, Blk. 9
College Court
2 S l 4200 Dartmouth St.
abutting Lot 13, Blk. H. F. Thurow 50 9.405 470.25
8, College Court
3 S l 4100 Lehigh St.
abutting Lot 2, Blk. 21 J. T . Brinkley 50 9.405 470.25
College Court
4 S l 4200 Lehigh St.
abutting Lot 9, Blk. L. S. Sims 50 9.405 470.25
6, College Court
5 N l 3800 Swarthmore II
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St. abutting Lot 16, F".. ,g .tyle " ' 50 9.405 470.25 I I
Blk. 15, College View L J
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6 N l 3800 Swarthmore
abutting Lot 12, Blum E. Hester 50 9.405 470.25
Blk. 15, College View
~~... Lot 17, Blk. 15,
College View w. HjO Dillard 50 9.405 470.25
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 and charges against the true owners of said prop-
erties, 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-
erty 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
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thereof by the City of West University Place, and another installment
to be due and payable on the respec~ve 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%) pet annum, pay-
able annually, and with interest on principal and interest after the re-
spective,maturity dates at eight per cent (8%) per ,annum, provided,.
however, that the ass~ssments 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 ~he improvements on each respective section,
separately, and the acceptance thereof by the 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 cert~ficate may be matured and declared
due a~ 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 prine i-
pal and interest thereon. .
Section 5. That far the purpose of evidencing said assessments,
the lien securing same and the several sums payable by said property
owners and the time and term~ of payment, and to aid in the enforcement
thereof, assignable certificates S4all be issued by the City of West
University Place to the Contractor,,, or assigns, upon completion and ac-
ceptance of each re~pe~tive~egrega.ted sections of said improvements,
which certificates shall be executed by the Mayor and attested by the
City Secretary, with the corporate seal affixed, and shall be payable
to said J. L. Williams Cons~ruction Co., Inc., or assigns; said certifi-
cates shall declare the said. amounts, and the time and terms of payment
thereof, the rate of interes~ payable thereon, the description of the
respective properties against which the aforementioned assessments have
been levied, sufficient to identify same, and same shall contain the
name of the apparent owners thereof...
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Said certificates shall further set forth and evidence the
assessments levied and shall declare the lien upon the respective prop-
erties and the liability 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 by a suit in any court
having jurisdiction.
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And the said certificates shall further provide that if de-
fault be made in the payment of any installment of principal or in-
terest thereon when due, then at the option of said J. L. Williams
Construction Co., Inc. 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 reason-
able attorney's fee, if incurred.
Said certificates shall further recite that the proceedings
with reference to making the improvements ther~inreferred to have been
regularly had in compliance with the law and the charter of the City of
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West University Place, and that all prerequisites to the fixing of the l
assessment lien against the proper~y described and the personal liability Ul
of the owner or owners thereof have been performed, which recitals shall
be evidence of all matters recited ,in said certificate and no further
proof thereof shall be required.
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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 when requested so to do by the holder of said certifi-
cates, 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 lOth day of February, A. D. 1950.
Commissioners Buschardt, Hamlett, Holman, Terry and Mayor
Lanmon voting aye.
None - voting no.
APPROVED this lOth day of February, A. D. 1950.
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. y'S.e,cretary
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