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HomeMy WebLinkAboutORD 628 - ORD Permanent Improvement of Academy Street 111 III !. . '1 1 r:. . . .. ': :1 _ _ 11.. .:J. 8 ORDINANCE NO. 628 AN ORDINANCE FINDING THAT CERTAIN PROCEEDINGS HAVE BEEN HAD ,AlID CERTAIN THINGS HAVE BEEN OOBE IN THE MATTER OF THE PERM.A:NENr IM- PROVEMENr OF A POR~ON OF ACADEMY STREET, A STREET IN THE CITY OF HOUSTON, TEXAS, BUT UPON THE WEST SIDE OF WHICH THERE ABUl' CERTAIN PARCELS OF PROPERTY LYING WHOLLY WITHIN THE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE; CLOSmG THE HEARmG HAD UPON NOTICE THEREOF BY AIm BEFORE THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE FOR THE CONSIDERATION BY IT OF THE PROPRIETY OF THE RATIFI- CATION AND APmOVAL BY IT OF CERTAIN ASSESSMENTS LEVIED BY TIm CITY COUNCIL OF THE CITY OF HOUSTON IN CONNECTION WITH SUCH PROJECT ~ RATIFYING AND APPROVING SA~ ASSESSMENTS; DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE BE DELIVERED TO THE CITY OF HOUSTON; AND DE- CLARING AN EMERGENCY. ' BE IT ORDAINED BY THE' CITY COMMISSION OF THE CITY OF WEST UNIVERS;ITY PLACE, TEXAS: I' , I , I LJ Sectien 1: In the matter ef the prepesed permanent paving by the City ef Heusten ef Academy Street (a street lying whelly within the limits ef' the City ef Heusten), between the Nerth Preperty Line ef Law Street and the North prepertyLine ef RichmOnd Road ( with the exceptien, however, ef the presently paved East ene-half ef said Academy Street frem the Seuth Preperty line 0.1' Law Street seutherly a distance ef 99.85 feet), the City Cemmissien ef' the City ef West University Place finds and determines that the fellowing preceed- ings have been had and the fellewing things have been dene, namely: (a) There has heretef'ere been received by the City Commissien--ef the n City of'West University Place a copy certified under the hand ef the City Secre- U tary ef the City ef Heusten and under the Seal ef the City ef Heusten, ef an erdinance passed the 5th day ef Nevember, 1952, by the City Ceuncil ef the City ef Heuston, en"titled: " "AN" ORDINANCE CLOSING THE HEARmG GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON A CERTAIN PORTION OF ACADEMY STRm IN THE CITY OF HOUSTON, TEXAS, AS TO SPECIAL BE:NEFrI'S TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS AND AS TO THE ACCURACY, SUFFICIENCY, REGULARrI'Y AND VALIDITY OF THE PROCEEDINGS AND CO:NTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND An lfA1rTER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OJrl''KHI!llJ, EXCEPr AS TO PARTICULAR CASES THEREIN MENTIONED:, FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AmUNT OF THE RESPECTIVE ASSESSMlmTS AGAINST SAME; FINDING THE REGULARITY OF AU. PROCEED~ INGS, AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS, AND THE PERSONAL LIABILrrY OF PROPERTY, OWNERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES SO ABt1rTING SAID STREET AM> THE TRUE OWNERS THEREOF FOR THE PAlMENr OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AIm THE MA:NNER OF THEm COLLECTION; AM> DECLARING AN EMERGENCY. fl by which ordinance pursuant to. certain Acts ef the Legisla"ture 0.1' the State ef , Texas and pursuant to. proceedings in such erdinance ref'erred to., the City Ceuncil ef' the Ci"ty ef Heusten did, ameng ether things, levy assessments ef a ,part ef the cest ef such imprevement against the preperty abutting on said [I I i , I LJ '11 ff' pertien 0.1' Academy Street and "the owners the reef' including in particular the abutting preperty abutting on the Wes"t side ,0.1' said portien of Academy S"treet, and which abutting proPerty lies wholly within the limits 0.1' the City ef West University Place (the beundary line between such two. cities being aleng the West side ef said portien Of Academy Street ) ,such assessments being at the f'ellowing rates per frent feet, te-wit: (1) Against "the abutting property a,bu"tting en "the East side ef said pertien ef Academy Street" the assessment was at the rate of' $10.09 per front f'oet; and (2) ~ins"t the abutting preperi;y abutting en the West side of said pertien of AcademY street and being "the preperty lying within the limits 0.1' the City 0.1' West University Place, the assessment was at the rate of' $8.00 per frent ,foet. It is in such ordinance recited that such assessments were levied by virtue ef the pewers cenf'erred and centained in the Acts ef the 1927 Legislature of the State of Texas, First Called Sessien, Page 489, Chap"ter 106 as amended, and particularly as amended by the 1951 Legislature 0.1' the S"tate 0.1' Texas, cemmenly known as Article 1105-b, Revised Civil Statutesef "the State ef Texas. , ' It is in such erdinance further recited that pursuant "to. the previsiens ef such amendment by "the 1951 Legislature ef the State 0.1' Texas the assessments so. levied agains"tthe abutting preperty and the owners thereef, abutting en the West side of'saidpertien ef 'Academy S"treet (and being the abutti~ prep- erty which lies within "the limits 0.1' "the Cityef West University Place), shall net be valid until the City Commissien ef the City of West University Place has ratified and approved them by an apprepriate ordinance er reselution. (b) , All of these preceedings reci tedte have been ~d and all of these things recited to have beendene in said erdinance are here and new feund by the City Cemmission ef the City ef' West University Place to. have been had and dene as therein recited. (c) In "the mat"ter ef the propriety of its ratificatien'and appreval ef such ef said assessments as are a.gainst property lying within the limits ef the City ef West University Place, its City Comniissien did by ordinance passed and appreved Nevember 7, 1952, erder tha"ta publiC hearing be had befere it at i"ts regular meeting to. be held at 7:30 e'cleck p'.m. en December 5, 1952, and that netice the reef be given bypublicatien at ieast three times in The Heusten ChI,'onicle, a newspaper published in the Ci"ty 0.1' Heusten and having a general circulatienin the City of We'st University Place, "the first publicatien "to. be made at least ten (10) days befere the date ef the hearing. ' (d) As so. directed, ne"tice of such hearing was given by publication thereen in the said Heustep Chrenicleon the 12th day ef Nevember, 1952, the 195hday ef Nevember, 1952, and the 27th day ef'Nevember, 1952, such notice describing in general terms the nature'ef the,propesed imprevement, the street and the pertien thereof to be improved and the ameunt er rate per frent feet 0.1' the assessments which had been so levied by the City Ceuncil efthe City ef Heusten, and stated also. the estimated tetal cest of such imprevement'and stated the time and place at which such hearing;:would be held, . and centained also. further data and informa.tien regarding suchpreposed improvements and the said assessments _ ___ ____:___~_:_ .. J::::::_:~:._-lt:::..::_.:-~~:_.::~.:..:: :.: .-- ~ .~.::::::..::I. ,____-r:: L__ iiil1l Ii! I , :} J::: .. ~ .... _ .... . I o as were suffi~ient to. acquaint those to. whem i"twas directed with the fact that they had a right to. be heard and to. inform them ef the matters to be censidered at such hearing and ef the matters upen which they weuld be en- titled to. be heard. , ' (e) At the time and place so. fixed, fer said hearing, to. wit, at 7:30 e'cleck p.m., en the 5th day ef December, 1952, at the regular meeting place ef "the City Commissien in the 'City Hall ef and in "the City efWest University Place, said hearing was had, ,at which time an eppertunity was given to. all persens having any interest 'whatsoever in any ef the matters referred "to., and in particular "to. all persens ewning er having any interest er claim in any of the aubtting preperty lying in West University Place against which assessments were levied by the said erdi.nance ef the City of' Heusten, te.be heard and to. effer evidence as to. all mat"ters related to. and in cennectionwith such assess- ments and such imprevement and in particular en, any matter, if any, as to. which a hearipg may be a. censtitutienal prerequisite to. the validity of said assessments er to. the ma.lidity ef' the ratificatien and apprevaltherebf by the City Commissien ef the City efWest University Place, and the accuracy, suf- ficiency:, regularity, and validity of any ef the proceedings in connectien with such imprevement and assessments, and to. effer any protest er ebjections which they might wish teeffer .At such time the fellewing appeared and the following statements and testimeny were given, to. wi"t: Edgar E. Townes, Jr., paving atterney fer the Ci"ty, at the request of the Mayer, reviewed the prier actiens by the City Commissien and the preceedings to da"te, with reference to. :the, preject, including the preliminary mo"tien passed by the City Commissian January 21, 1952, concerning the then contemplated assessment rate and credits to. be made against same; the subsequent centract and agr~ement between the City of West University Place and "the City ef Heusten executed pursuant to. Ordinance6l2 passed July 28, 1952, and apprepriatien made theref'or by Ordinance 611; stated that this hearing had been called nat as a matter of the necessity under the law but in accerdance with the policy ef "the City Commission "to keep the citizens advised and to. secure the benefit of any suggestiens or ebjections; stated that he had werked ,with Mr. F. F. Beadle, First Assistant City Atterney ef Housten, in cennectien with the varieus steps in the proceedings and suggested the propriety 0.1' Mr. Beadle further,eutlining and summarizing the preceedings to. ,the City Commissien 0.1' the City efWest University Place culminatingfnthe assessment erdinance, a- certified copy ef which has been furnished the City C9Iimdssien. F. F. Beadle, the First Assistant City At"torney of the City ef Heusten, , eutlined briefly the nature and scope ef' the prepesed werk as set ferth in the specificatiens fer the centract therefer between the City of' Heust.en and its centracter, Gulf Bitulithic Cempany, and summarized alSo., the proceedings, which had been had, and in general summarized the cen"tents ef the erdinance ef "the City ef Housten levying the assessments in cennectien with the preject. He peinted eut to. the City Cemmissien that the property en the west side ef' the street is in the City ef West University Place and peinted eut the f'act ef' the agreement between the two. cities and ef' the depesi"ts which have been made with the City Centroller ef'the City ef' Houston by which, if the assessments levied by the Heusten City Ceuncil against the preperty en the wes"t side ef' the street lying in West University Place and being at the rate ef $8.00 per fi'ent feet are appreved and ratified by the City Cemmissien of'the City ef' West University Place, these assessments will be credited with such ameunts that when the paving certificates are finally delivered by Heusten to. its centracter, they will be 11 , t I I LJ n I \ I \ I~ 1\ I I LJ 121 in net ameunts remaining to. be paid by "the preperty ewners cencerned at the rate ef enly $3.75 per frent f'oet. He peinted out also. that while the assess- metitsagainst the preperty beth on the east and en the west sides of the street were, ef ceurse, levied by the HeustenCity Ceuncil pursuant to. a determinatien of benefits based en swern testimeny at their paving hearing, the $8.00 rate per,frent f'eet is the rateef assessment which Heusten has in general been levying in cennectien with similar prejects against the abutting property where it is restricted to. residential use. He stated also. "that so. far as he knew, this is the first preject anywh~:rein Texas which has been initiated under the 1951 amendment to. the State Paving Law expressly previding fer assessments by ene city against preperty lying in anethercitywhere the street to. be i~reved is aleng their cemmen,beundary line and lies whelly within the limi"ts ef the ci"ty which has initiated the preject. He said further that wi theut this ce- eperatien between the ,two. cities, and particularly the coeperatien en the part ef West University Plac.e and its residents, there weuldbe no. practicable way in which streets lying aleng the cemmen beundary line between two. cities ceuld be impreved under the State Paving Law. He said also. that the ceeperatien ef West University Place in this preject is in line with the general spirit of caeperatien between the two. cities during the last several years in many ether matters affecting the cenB'D.en welfare ef' their residents ," under which they have werked eut many difficult preblems having to. de with water and sewer service in areas within ene city but able to. be servedenly by the ether city, as well as the gE;lneral spirit 0.1' ceeperatien between their respective PaUce and Fire Departments and ether departments. J. I. Cernelisen, City Engineer 0.1' the City Of West Univer~ity Place, testif'ied that he was familiar with and had cenferred cencerning the plans and specif'icatiens for the prepesed imprevement, that the werk when censtructed , weuld be ef great advantage to. the City of West UniversityPla~e and particularly , to. the Citizens thereof whese preperty abutted en the west side '0.1' Academy Street; and that the specified and planned imprevement was a geed, seund typeef' cen- structien. ' Mr. Tewnes presented, f'er the examinatien ef "the Commissiell a certified copyef' the Assessmen"t Ordinance referred to., and same was, examined and cen- sidered by the Cemmissien. No. ether persens present deSiring to. give testimeny er be otherwise heard, there was a general discussien between the members of' the Cemmission, fellowing which a metien was made byCemmissiener Moeney, secended by Commissiener Geff, and passed upbn the unanimeus vete 0.1' "the Mayor and all Comm1ssieners present, that the hearing be clesed and that the City Commissien determine that it is to. the public in"terest and advantage ef' the Ci"ty.of West University Place and ef its inhabitants, and pa~icularly the ewners 0.1' the preperty abutting on 'the west side ef' Academy Street against which "the City ef Heusten has levied ~ the assessments ref'erred "to., that such assessments be in all things.ra~if'ied and approved by the City Cemmissiefi ef' the City ef We,st University Place; and that said assessments at the rate ef $8.00 per fren"t feet against the said prep- erty lying in West University Place be fermally ratified and appreved by Ordinance. . i" Sectien 2: That in pursuance ef' the hearing aferesaid and be virtue of the pewers cenferred and centained in'the Acts ef 1927, 40th Legislature ef the State 0.1' Texas, First Called Sessien, Page 489, Chapter 106 as ~nded (and r p'" .-, W... "!'--"-. .......~... "-'.":1 r-" , ';'1'111'11,. "2' I . III '[ -. u:-: .' _ "" "".. .J: particularly as amended by the 1951 Legislature of' "the State ef Texas) and being knewn and appearing as Articie 1105-bef' Vernen's Annetated Civil Statutes of Texas, the City Commiss~en ef the City ef WeS"t University Place does hereby in all things ratify and approve the following assessments as levied by the City Ceuncil ef the City Heusten by its assessing erdinance hereinabeve firs"t referred to, against the fellowing particular preperties and the real and true owners thereef, respectively (and being the preperties abutting on said pertien ef Academy Street which lie en the west side thereof and lie whe11ywith the limits ef the City ef West University Pla'cEr" 'each ef, such assessments being in the ameunt ef' $800.00 and being at' "the uniferm frent feet rate ef' Eight Dellars ($8.00) per f'rent feet and being against the fellewing properties, all 0.1' which lie in "the COllege Ceurt Place Addition, there being set ferth belew a listing ef the owners or apparent owners of each such parcel ef preperty, the bleck number ef the Additien, and the let nUmber in "the bleck 0.1' "the particular parcel 'ef preperty each ef such parcels ef preperty having a frontage of 100 fee"t along the west side of Academy Stree"t, to. wit: Preperty Owner William Henry S~eel et ux Beth B. Steel , William Henry Steel et ux Beth B. Steel Cecil M. Arneld . Cecil H. Stevenseti'et ux Lillian M. Stevensen Angelo. Resselli et ux Annie Rosselli William ~. Dupree et ux Ole"ta T." Dupree ' Jehn H. Hartman et ux Emily Bessie Hartman Alten L. Mitchell et ux Mildred E . Mitchell Bluferd C. Menefee et ux Ruby Menefee J. A. Will et ux Frances Lee Will Jehn H. Cenley'et ux Censtrance J. Cenley Frank J. Maenza et ux Mary L. Maenza I I '~ Bleck Number Let Number 17 8 17 18 9 8 18 I! . I U 9 19 8 19 9 20 8 20 9 21 8 21 9 22 Let 8 and easterly 21 feet ef' Let 7 'I 22 L...J 9 128 Sectien 3: The assessments hereinabeve ratified shall be evidenced by certificates 0.1' assessment to. be issued and to. be payable and to. bear interest, all as f'ully set f'arth in Sectien 4 efthe erdinance aferesaid ef' Nevember 5, 1952, ef the City Ceuncil of the City ef Heusten. Sectien 4: A cepyef this erdinance shall be certified by the City Secretary under his hand and the Seal 0.1' the City ef West University Place and shall be transmitted to. the City ef Heustente the end that it nay have knew- ledge ef the fact ef the feregeing ratificatien and appreval ef the paving aSsessments hereinabeve referred to.. Sectien 5: The fac"t that the centemplated street imprevements are needed and sheuld be made as seen as pessible, and the ceeperative preject be- tween th~ two. (2) cities sheuld be expedited, creates a public emergency and, therefere,this Ordinance shall be'passed finally en "the date 0.1' i"ts intreduc- tien and shall take effect immediately upen its passage and appreval by the Mayor. PASSED THIS 5th day ef' December, 1952. APPROVED THIS 5th day ef' December, 1952. ~ J.I'~~ Mayer ef' the City efWest University Place, HTexas ATTEST: ~ APPROVED : City Atterney