HomeMy WebLinkAboutORD 569 - ORD Closing the Hearing to Real & Owners of Property on Academt Street
~
I
I
~
I
~I
\
"--~
/87
ORDINANCE NO. 569
AN ORDINANCE CLQSINGTHE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTrrrNG ON:
ACADEMY STREEr FROM THE SOUTH LINE OF SOillHWESTERN
STREEl' TO THE NORTH END OF THE EXISTING PAVEMENT
AT A POINT APPROXIMATELY 120 FEET NORTH OF THE
,NORTH LINE OF CASON STREEl', . .
.. ,
, ,
AND TO ALL OTHER INTERESTED PARTIES; AS TO SPECIAL BENEFITS
TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY
VIRTUE OF THE IMPROVEMENTS, AND AS TO THE PROPOSED ASS&CJSMENTS
THEREFOR, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND
~ VALIDITY OF THE PROCEEDINGS AND CONTRACT IN (::ONNECTION WITH SAID
IMPROVEMENTS AND ASSESSMENTS, .AND ANY I'JIATTER. OR THING. CONNECTED
THEREWITH; FINDING ANDDEl'ERMINING THE REGULARITY, OF ALL PRO-
CEEDINGS Al-/1) THE PERFORMANCE OF ALL PREREQUISITES TO .FIXING AND
LEVYING THE ASSliSSMENT LIENS AND THE PERSONAL LU,BILITY OF PRO-
PERTY O"UVNERS; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS
OFFERED, EXCEPT AS TO ~TICULAR 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
.L\IJ:OUNT OF THE RESPECTIVE ASSESSMENTS AGAINST SAME; LEVYING
ASSESSMENTS; FIXING.A CHARGE MID.LIEN AGAINST THE RESPECTIVE
PROPERTIES ABUTTING ON THesE 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 COLLEGT:I:ON;' ANI?, DECLARING AN EMERGENCY.
WHEREAS, ~ the City' Commis~ion of the. City of VVestUni versi ty Place,
Texas, has heretofore, by Ordinance No. 557 duly and regularly passed and
approved March 26, 1951, determined thernecessity for and ordered: the improve-
meht of
ACADEMY STREEr from-the-South line of Southwestern Street to
the North end of the existing pavement at a point approximately
120 feet North of the North line of Cason Street,
in the City of West University Place, Texas, 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- thereupon of a reinforced,
concrete pavement~with monolithic curbs and appurtenances..and.incidentals'to
such improvemen ts ~ all. as more specifically shown by said plans~, and specifica-
tions; and
WHEREAS, pursuant to advertisement therefor sealed bids were duly
and regularly received and excimined, and'pursuant to report and recommendation
by the Engineer for, the City, and after appropriation to cov.er the estimated
cost to the City of such improveme.nts, all as provided by the Charter oL said
City and by law and in fUll compl.ianc ~ therewith, said City, Commission. of the
861
~L.l'-.~. "l ".:I
"
III
lIT II I
.1..
~I
1:..,J,J1..,._ :I~
&g
City of West University Place, Texas, did by its Ordinance No. 566 duly and
regularly passed and approved April 30, 1951, award a contract for the con-
struction of said improvements to Mischer-Harris Co., Inc. on its lowest
secure bid, which contract has been heretofore fully executed;' and
~'VHEREAS, 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. 567, . duly and regularly passed and approved
April 30, 1951, ordered that a hearing be given to all owning or claiming any
property abutting upon any portion of the street therein and herein set out,
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 proceed~ng?, and on any matter as to whicn hearing is
a constitutional prerequisite, and as to the amounts, of the prow~sed assess-
ments, the lien and liability thereof, the special benefits to the abutting
property and owner thereof by means of said improveme~ts for which assessments
are to be levied, and as to the accuracy, suff~ciency., regularity, and validity
of the proceedings and the contract in connect1.on 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 Cit,y
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 hearing to be held by and before the City Commission of the City of West
University Place, Texas, at 7:30 P.M. on May 18, 1951, 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 ord~ring and directing the
City Secreta~ 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 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, heret9fore
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
May 3rd, 10th and 17th, 19,1, and by publication of said notice on May 2nd, 9th,
and 16th, 1951, in the Daily Court Revie'!f published in Houston, Tex?s, being
the nearest to the City of West p"~iversity Place, Texas, of general circula-
tion in Harris County, wherein said City is l~cated; 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 high-
way and the portions thereof to be improved, ~he estimated amounts per front
foot proposed to be assessed against the owners of abutting property, and such
property on such highway and each respec~ive portion 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 portion
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
I';: .
" '
..'
.; :. ~ :.J . ~. ' . '.. .
;.'-.
-: j
r: ("\ .--
L-...::. -: -' .~....
o
r!
! I
LJ
o
l
,~
~
~I
i
i
i
'-----'
t81
WHEREAS, at said hearing, of which such notice was so given,
,-testimony and evidence was given by the Engineer for t'he City, and by real
estateiexperts-familiar with the proposed improvements, the respective pro-
perties on the above and hereinafter stated portions of the street to be'
improved, and the present condition of the existing street, and various pro-
perty owners and other parties interested in the proceedings appeared ahd
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. '567 and in said notice mentioned, and as to any other matters~ connected'
with said proceedings, and concerning any other matters or things with refer-
ence thereto, having been heard and their statements and evidence duly and
fully considered; and said City Cominission having heard evidence as to the
special benefits 'of and to saidabuttirigproperties, and each parcel thereof,
and to the respective owners thereof in the enhanced value ,of. said: respec-
tive properties by means of such improvements, and said City Commission having
heard and considered the evidence and having given a full and fair hearingtb
all parties appearing or desiring to appear; and having determined at such
hearing said special benefits as aforesaid; and having,determined that 'ther~
is not to be assessed against said abutting properties and the respective
owners thereof more than all the cost of constructing curbs and 9/10thscof'"the
remaining cost of such improvements, as shown on the estimate 6f. the Engineer
for the City; and having determined that the Front Foot Plan or Rule is just
and equitable except in 'particular cases"iWherein, in the opinion of the CitY'
Commission, the application of such rule would result in injustice or inequal-
ity, and in each of which particular cases the City Commission has apportioned
and assessed the costs of such improvements in proportions found and now
declared by it to ~e just and equitable, having in view, the special benefits
in enhanced value to be received by such respective parcels of property and
the owners thereof, the equities of, such owners and the adjustment of such
apportionment so as to produce a substantial equality ofbenefitsrecei'ved
and burdens imposed, ~ each', of which adjustments and apportionments have been
taken into consideration andmadeinthe'assessmentshereinbelow,setforth;
ands~aid 'City:Contrnission'ha:ving determined that, the application of saidc,F:ront
FOdt' Plan or Rule and the apportionments in particular cases do produce a
substantial equality of benefits received and burdens imposed, and having
determined at said hearing that the assessments hereinbelow made and the
charges hereby declared against the' property owners and their: respective pro-
perties are, in all things, just and equitable, and,thatin 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
iInprovements,andthat,withtheexception of apportionments and adjustments
in-particUlar cases which have beengrantedatJ.d allowed in determining the
amoUnts of'theasse'ssmentshereinbelow made, all other objections and,protests
should be overruled and denied; and
1JiiHEREAS, all proceedings with reference to 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 the respective, owners thereof, have been performed,
and upon completion of the work, and upon the acceptance thereof by the City
961
t: L:~:::': r: [[ '::1
~n_r '[
~ _~_~_____JII
III
T
]
I: ...,,1 ,:r,~ ' ,1 ,1
qD
of Wes~ University Place, assignable certificates should be. issued in evidence [IJ
of said asses.sm~nts and liens, and the, personal liability of the true owner or
owners of the respectiye proPerties" ~bethe~ correctlyn~ed or not, all as
provided by law and by the Charter and Ordinances of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSI,Dr-r OF THE CITY OF WEST UNIVERSI'J;'Y PLACE, ~
TEXAS:
Section 1. That there being no further. testimony or evidence or
protest, for or against the improvements: heretofore ordered, at said hearing
.g;rantE:)d ,to the true. owners of properties abutting upon
" .
ACADEMY STREET from the South line of Southwestern Street to the
North end of th.e existing pavement at:,ca point approxiinately
120 feet North of the North line of Cason Street,
and within the limits above defined and to all owning and claiming any interest
therein, and to all interested in: any assessment or any of the proceedings
with refe~ence 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
ACADEMY STREEl', from the South line of Southwestern Street to the
North end of the existing pavement a1;. a point approximately,.,
120 feet North of the North. line of Cason Street,
rJ
, I
I I
LJ
as herein stated, have been duly, legally, and regularly had, taken and per-
formed in full compliance with the law and the Charter and'Ordinances of- the
City of West University Place, Texas; that all prerequisites to th'1 making of
the above mentioned April 30, 1951 contract, executed on behalf of the City,
pursuant to Ordinance passed and approved April 30, 1951, and all .prerequisites
to the fixing of the assessment lien against the respective properties herein-
after listed, and the personal 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 ~ll persons interested have
been given a full ahdJfair 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
9/1Oths 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 made in full compliance with
the law and with the Charter and Ordinances of the City, so 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 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 ~hat all
Ii
LJ
g6T
I
I
~
~
I
~I
,----,
i
~.
{1 !
protests and. ob'je.ctions ,other than those, .taken into consideration in fixing
the' ~m9unts ,of the asses~m..ents and liens,; ~ as ,her.ein'after state~, and whether
s'Pecific~lly. herein mentioned .or; not"should be.,;~and. the. same. are h~reby,. in
all'things, overrule9. and denied. J ,.' ~',~~ ~. ". . ..'
, '
. ' Section 3. That, the, City-Commission of the. City of West University
Place!, Texas:, being the gQverning, body..: of . said City,' pursuant to, the Ordinances
and.~ll oth'?f:proceedings.heretofore p~$$ed and. neld" ~ndpursuan:tto the
above ~ent-j.9ned; !April 30., '1951 G.on:traGt:. ?nd. the es:tim<;l.:tes" reports, lists. and
,sta:t~Plents of the Engineer.fo;I'; th~'d::ity;and.,pursuan:tit9 the, notice and hear-
. -ing here:i,.nab~vementioned, a:nd.QY virt'lle,.of the. powers 'conferred by.,. and the~
. provis.ions of.; .the above mentioned Chapter, lo6 of the ,ActsJof the, First~ Called
Session of the 40tn, Legislature of. the State:of:',TexiilsTcommonly' known as,'
Article'1105: (b.);-, Revised Civil ,Statutes of iTexa~'" 192" heretofore !3-dopted'l
by the -City of West, University Place, . Texas, in. and as a part of,;the Charter
of saidd City, .doe:;; hereby ~fix ~d:"determine and ~does hereby levy ~ and ass.ess
. against the respective properties abutting upon, the:, above and ,hereinafter,
stated. portions of.: the ~ highways and tb.e por,tion: or portions thereof c hereto+.'
fore ord~red: improved and. against tbe real and,' true; owners thereof". whether.
hereinafter correctly. named or not,' the . respective amounts hereinafter set.',
opposite the' names of' the respective. apparent owners and the descriptions ;.
of the respective properties; to-,it: ' .
" WEST UNIVERSITY.PLACE,' TEXAS:-. PAVING,ASSFSSMENT
, '
. ,
For:,',~ving ot Academy Street. from tlieSouthLine orSQuthll'estern Street to
the ~ North' end of the ~istiDg,pavement'at ,a point. approximately 120 Feet ".'
North of the North line or Cason Street under contract with Mischer-Harris .i
Company, Inc.
~ J /!!!!
Front Ft. Rate
~~85.
FEET AMOUNT
.~cBLOCK, "
ADl)ITION
G. F. Peacock, :: 1 25
G:e:A~,"Blackburn, Jr.l 24,
Dr...,C;. :H'ti<Bradley [<20~, ~"24': '
~R.: P.. Archer" c' ~'1,;'> ,',23: .
T. C~' Guseman' -1, 26
,,75,
74
MaUrine. Mitchell; '53>
J. S. Cain 52
H.P. Audley , ' :31
College View 1st Addn'. ~ ,
College View 1st Addn'~
~'Co1l:ege'; View 1st, Addn ~';
; ',College View lst.Addi1~':',
. 'College View 2nd Addn.. t'
, .Fairh~ven Addi1iion' .
~ Fairliaven Addition: " "
Fairhaven Addition ' , , !. ~c I
Fairhaven Addition
';Fairhaven.~ Additi'on, .
83 $ 402~55
.120 ,582.;00
120' 582.,00
131.87 639.,7
155.21 ~~752~77
.125 606.25
125 606.25
120 ~82~00
120 582.00
.120 582.00
:$5,:917-.;39
....' .
...
., . ".! '",
'. ~ .
" ' '}
. TGrAL
"
':'
: "
'J~
11 .:
! '
" (s), . Irving' L. Peabody' , ,
Engi.i1eer for the Ci1iy, ,.
~ vSI
1. 1 ::1'11':3
1.
. III
It!
..~..~, ,:)
~:. !..J__ -:c= _=-~-=-J .:::1"
q'h
" : Section: 4. That said several amounts here~ asses8ed~ together II
with interest; expense or collectionsjand reasonable attorney's fees; if' I I
incurred, shall be and: the, s~e are hereby'declared",to be a . first , and' prior LJ
lien on and against said respective abutting 'properties"whi'ch lien shall:~be
superior to all other liens and claims exceptSt.ate, County, and City ad
valorem taxes; and said amounts so assessed~ together with said'other items,
shall be and,the same are hereby declar8d.to be personal liabilities and
charges against'-the, true owners of "said properties, respectively', "whether
':correctly,named or:not) all as'provided iri any by. said ArticlellO$(b) of
~'Verrion 's Annotated Ci vilStatutes ot, TeXas; and such assessments and said other
'items shall be collectible and the liens entorceableinany court having juris-
diction; and shall be.a personal liability and' charge against the said.own:ers
ot the property assessed; that said sums so assessed shall be payable as ,~
tollows, to-wit: In five equal installments, one installment payable within
"thirty days. after the canpletion. 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 nclI' 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; 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 dlie at the option of the holder thereof; provided, further
that said, respective, property<61mers. shall have the"::prinlege of, paying any [!I.]
one or more .. of" said' installments before their :maturity', by'pciymeilt of'-'principal
and. : interest thereon.." "," .
Section 5. That for the purpose of evidencing said assessments,
the 'liens securing same and the several sums payable by- said property owners
, and- the- time and terms of paiD-ant,.. ~nd to aid in the enforcement the~eof,
assignable certificates shall be issued by the City of West University-Place
to the Cop-tractor, or assigns,: upon completion and:':acceptance of"said ~,.. ~,
~rovements, which certificates shall, be executed ~ by the lla,.~r and" attested
,by~ the City Secretary,w1th ,the'C'orpor.ate ~ seal affixed,i ,and" shall. be payable
· t9,' said W-scher-Harr:J,.s- Co. " Inc. ," or assigns; said' certificates shall declare
, ttle said,amounts, anQ,the time' and terms :of payment thereof, the rate of,
~it1terest payable thereon, th~descriptionof the respective properties against
~ich theatorementioned ,assessmentsc'have been levied, sufficient to identify
" s4UIe, and. same shall contain, the name ()f ,the apparent OlII)ers l thereof.
, ...,
..
,,' . ' Said certificates.'shall furthen'set forth andlevidence ,the ,assess-
~ ~ ments levied and shall declare the lien upon the respective properties and
. :t.he 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. .
And the said certificates shall further provide~:thatif default be
made in the, payDient'ot any installment of prinCipal or interest thereon 'When
due, then, at ,the option 'of said tischer-Harris Co., Inc., or assigns-, bein~
o
f:61
-I
I
I
i
-----..,.
,--.
i
I
i
~
1'13
the owner and holder thereot, the whole of said assessment shall become at
once due and payable and shall be collectible with interest, expense ot
collection and a reasonable attorney.s fee, if incurred.
Said certiticates.shall further recite that: the proceedings with
reference to making the iDiprovements.thereinreferred to have.been regularly
had in~ compliance with the law and the Charter of the City of West University
.J!l.lace, and,that all.'prerequisites:'Jto~the 'fixing- ,Of the assessment lien against
,:the property,deseribed ;and the peI!sona1'liability, of "the ~er or ower.sthereof
have " been ,performed, which'r.ecitaQa. ,shall; :be >'evidence 'of, all' .the, mat:ters" l' '}
recited in said certificate and ~o' f,Urther ,:pr.oot. thereof"shall be ,required:.
',' "Section6.: That the City;.'off;West'!tJni,.versity;"Pl~ce shall not be
liabledn,any'manner for:'cthepaymerit of,any,,-'sumhe.reby assessedFbut said 'City
shall exercise its Charter powers and the,power.s',;conterredupon':it :by:law'wlien
requested soto'do by the holder ot said certiticates, to aid in the collection
thereof.,...
" ,'!:
" .' Section .7~, ,The .fact that the:port.ions' ot,the, street" hereiri . defined
are .in,need ,of improvement ,as promptly as'.possible 'creates a public emergency
and, therefore, this . Ordinance shall be tpassed "finallyqmthe date of its .
introduction this the 18th day ot May, A. D. 1951, and shall take effect
immediately upon' its passage and approval by the :Mayor.,
PASSED this 18th day ot May, A. D. 1951.
. (
-'COMMISSIONERS ". iHangs, and Mooney'
. '
, -
COMMISSIONERS
~ and, Jlayor~lTerry
None
voting no.
,,_ .' . votmg".aye. :.. J,
" . ~ t
. .--. ;
'", 4
APPROVED this 18th. day of :May,. A.:D. .,1951. ."
~\
\ ':
: ~"-;
.":.".~'~"....
,; ~~~:.t
I '. ,
ATTEST:';
1) ,
~ j
, .-~
. ,~." I,;' ~ '.:
. ' ;
City Secretary-
.. ..<
"'''~ '
~ "', . , ' , ~-,,~ ~~..~_.- "
City Attorne,., .
, '
Z61