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Home My WebLink AboutORD 625 - ORD City WU & COH Ordiance Levying Assessments Against Abutting property 109' ORDINANCE NO. 62~ AN ORDINANCE TAKING, NOTE OF THE PASSAGE BY THE CITY COUNCIL OF TEE CITY OF HOUSTON OF AN ORDINANCE LEVYING ASSESSMENTS AGAINST TEE ABUTTING PROPERTY AND THE OWNERS THEREOF ABUI'TING vPON ACADEMY STREET (A STREET IN THE CRY OF HOUSTON~ TEXAS) BETWEEN CERTAIN LIMITS AND IN PARTICULAR LEVYING ASSESSMENTS AGAINST CERTAIN ABUTTING PROPER'n' LYING WITHIN THE LIMITS OF THE CITY OF WEST UNIVERSITY, PLACE; STATING CERTAIN OF THE SUB- STANCE OF SUCH ORDINANCE; DECLARING THE ll'ffl!;fU'ION OF T;BE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE TO CONSIDER THE PROPRIETY OF RATIFYING AND APPROVING SAID ASSESSMENrS; ORDERING THAT A BEARING BE HELD UPON MATTERS RELATED' '.r~~J.'O; FIXING THE TIME AND PLACE OF SUCH BEARING;, DIRECTING THAT NOTICE BE GIVEN OF SUCll, BEARING; AND DECLARING < AN, EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST U.N.L vEftSITY ~. ''"- PLACE, TEXj\S: ' Sectien 1: In the matter ef the.prepesed permanent paving by the City ef Heusten ef Academy Street, a s"treet lying whelly within the limits ef the City ef Heusten, f'rem the North Property Line ef' Law Street .ta the Nerth PrepertyLine ef Richmend Road (with the exceptien, however,' ef the presently paved East ene-half'ef' said Academy Street frem the Seuth Preperty Line of Law Street Seutherlya distance ef 99.85 feet), the City Cemmissien 6f,the City ef West,Universi"ty Place takes netice and cegnizanee ef "the filing with it~City Secre"tary ef a cepy, certified under the hand ef' the City Secretary ef the City ef Housten and under the seal ef the City of Heusten, ef an ,ordinance passed the 5th day 0.1' November, 1952 by the City Ceuncil ef the City ef Heusten e:ntitled: "AN ORDINANCE CLOSING THE BEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY' ABUTTING ON A CERTAIN PORTION OF ACADEMY S~ IN THE CITY OF HOUSTON, TEXAS, AS TO SPECIAL BEBEFrrS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWEERS THEREOF BY VIRTUE OF THE IMPROVEMEm'S AND AS TO THE ACCURACY, SUFFICm}llCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN COmmCTION. WITH SAID, IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED 'r.tll!:Hl!:ltlITH; OVERRULING AND DDYING ,ALL PROTESTS AND OBJECTIONS OFFERED ,.EXCEPT, AS TO PARTICULAR CASES THEREIN MENTIONED; FINDING AND DE- TERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE RE,SPEC'l'IVE ASSESSMENTS AGAINST SAME; ,~IDING THE REGUL.ARITY OF ALL PROCEEDINGS, ANDTBE PERFORMANCE OF, ALL PREREQUISITES TO FIXINq THE ASSESSMEET LIENS,' AND THE PERSONAL LIABn.ITY. OF PROPERTY OWNERS; mvYING ASSESSMEIffS, FIXING A CHARGE AND LIEN, AGAINST SAID ,PROPERTIES SO ABU'ITING SAID STREET AND THE TRUE Owm:RS 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. " and ef such passage ef' saiderdinance with reference to. the abeve stated pertienef Academy Street; and that by said erdinance, pursuant ,to. certain Acts 0.1' the Legislature of' the State 0.1' Texas and pursuant to. preceedings in ,sucherdinance referred to., the CityCeuncil ef the City ef Heusten did, among other-things, levy assessments ef a part of the cest ef such imprevement against r--- - --".~ - . ,-.. ""11 II!IIU lu , ---r :] JI:', TI ,.1 o the proper"ty abutting en said pertien ef' Academy Street and the owners thereef', including in particular the abutting preperty whichlies whelly within the !:,'l limits 0.1 the City ef west University Place and abu"tts en the West side of said pert ion ef Academy Street (the beundary line between such two. cities U being aleng the West side 0.1' said partien of Academy Street); and which assessments as therein levied were at the fellowing rates per frent f'eet, to. wit: (a) Against the abutting preperty abutting on the East side ef said pertien ef Academy Street, the assessment was at the rate ef $10.09 per frent feet; and (b) Against "the abut"ting preperty abutting en the West side ef said pertien ef Academy Street and being the preperty lying within the limits ef' the City ef' Wes"t Universi"ty Place, the assessment was a"t the rate ef $8.00 per f'ront feet. It is in such erdinance recited that such assessments were levied by virtue of the powers cenferred and centained in the Acts ef the 1927 Legislature ef the State of Texas, First Called Sessien, Page 489, Chapter 106 as amended, and particularly as amended by the 1951 Legislature ef the State ef Texas,. commenly known as Article ll05-b, Revised Civil Statutes ef the State ef Texas. ' I"t is in such erdinance further reci"ted that pursuant to. the 'previsiensef' such amendment,by the 1951 Legisla"ture ef the State of Texas the assess- 1"1 ments so. .:Levied. against "the abut"ting preperty and the ewners thereof, abutting I on the West side ef said partien ef Academy Street (and being the abu"tting : I property .which lies within the limits ef the Ci"ty of West University Place), U shall net be valid until the City Ceuncil ef the City ef West University Place has ratified and appreved "them by an apprepriate ordinance er reselutien. Sectien 2. The City Commissien of the City ef West University Place hereby declares its intentien at er fellewing the hearing hereinaf'ter set and ordered tp cens+der the prepriety 0.1' so. ratifying and appreving said assess- .ments. The City Cemmissien hereby erders that a hearing be had and a hearing will,be had a.n~ h,e],.Q. by and befere "the Ci"ty Commissien ef the Ci"ty ef West University Plac~"at'a. regular mee"ting to. be, held at 7:30 e'clock P.M. en December 5th., '1952, at the regular meeting place ef' such CemmissioIi in the City Hall ef and in said City, at which time and place all persens'having any interest whatseever in any ef thema"tters herein referred ~eandin: particular all persons ewning er having any interest er claim in any ef the said abutting pret>erty shall have the' right to. appear and to be heard en any matter, if' any, as tcr which a hearing may be a censtitutienal prerequisite to the validity 0.1' said'.:assessments or to the validity of the ratificatien and appreval thereof by the City Cemmission ef the Ci"ty ef West University Place, and the aecuracy, sufficiency, regularity, and validity ef any ef the pre- ceedings in cennectien with such improvement and assessments. Sectien 3: At or f'ellowing such hearing the City Commissien ef' the City 0.1' West University Place will censider and act upon the matter ef' the ra"tification and appreval by it ef the said assessments so. made by the City Council ef' the City ef Heusten against "the said abutting preperty lying within the limits ef' the Ci"ty ef West University Place; and if i"t deems such actien preper, it will be apprepriate erdinance er reselutien ratify and appreve the same .' 1-' I I I I 1 ---.J 111 Sectien 4: The City Secretary ef the City ef' West University Place is directed to give net ice ef' such hearing, which net ice shall be addressed to. all owning er claiming any preperty abutting upe~the herein mentiened portion ef Academy Street and to. all owning er claiming any interest in such preperty and particularly to. these.owning er claiming so. much ef such preperty as lies wi"thin thelimit~ ef'the City 0.1' West University Place, and shall:be given by advertise- ment thereef inserted at least three times in the Reusten Chrenicle, a newspaper published in the City ef Heusten and having a general circulatien in the City ef ~est University Place, the f'irst publicat~ent~ be made at, least ten days befere the date ef the hearing. In such netice the. City Secretary shall describe in general terms "the nature ef' the prepesed imprevements, -shall state the street and the pertien thereof to. be impreved and shall state the ameunt er rate per frent foet ef the assessments which have been so. levied by the CityCeuncil ef the City of Heuston, shall state "the estimated tetal cest 0.1 such imprevement and shall state "the time and place at which' such hearing shall be held. .There may als9 be included in such netice such further data and infermatien regarding such prepesed imprevement and suchassessmen"ts as the City Secretary deems preper and such general statement as "the City Secretary deems sufficient to. acquaint these to. whem it is directed with the fact that "they have a right to. be heard and to. infermthem ef' the matters to. be censidered at such hearing and'.of the matters upon which they are entitled to. be heard. Section 5: The fact that the centemplated street imprevemen"ts are needed and sheuld be made as seen as pessible, and the coepera"tive project between the two. (2) cities sheuld be expedited, creates a public emer:gency and, therefere, this Ordinance shal~ be passed finally en the date ef~ts in~reduc"tien and shall take effec"t immediately upen its passage and appreval by the Mayer. PASSED THIS 7:th day ef' No'Ve~er, 1952. APPROVED THIS 7th day ef Nevember, 1952. Un;i.versity ATTEST: ~ City'Secre, " APPROVED: City'Atterney :r::; . .~ ~ . -- .~_.. ".::II _l:' -1___ I III