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Home My WebLink AboutORD 714 - ORD Of City Commission of COH ORD levying Assessment against Abutting Property J J J 8:3/ ORDINANCE NO. 714 AN ORDINANCE OF TEE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS, TAKING NOTE OF TEE PASSAGE BY THE CITY COUNCIL OF TEE CITY OF HOUgrON OF AN ORDINANCE LEVYING ASSESSMENTS AGAINST TEE ABt1rTING PROPERTY AND TEE OWNERS THEREOF ABurTING UPON BISSOmmr AVENUE .AND RICHMOIilD ROAD (STREETS IN TEE CITY OF HOUSTON, TEXAS) BETWEEN CERTAIN LIMITS .AND IN PARTICULAR LEVYING ASSESSMENTS AGAINST CERTAIN ABUTTING PROPERTY LYING WrrHIN TEE LIMITS OF TEE CITY OF WEST UNIVERSITY PLACE; STATING CERTAIN OF TEE SUBSTANCE OF SUCH ORDINANCE; DECLARING TEE INTENTION OF 'TEE Crry COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE TO CONSIDER THE PROPRmTY OF RATIFYING AND APPROVING SAID ASSESSMENTS; ORDERING THAT A BEARING BE EELD UPON MATTERS RELATED THERE~O:; FIXING THE TIME .AND PLACE OF SUCH BEARING; AND DIRECTING THAT NOTICE BE GIVEN OF SUCH BEARING. BE rr ORDAINED BY THE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS: . - Section 1. In the matter of the permanent paving about to be commenced uythe City of Houston (aided by Harris County) of Bissonnet Avenue from the West curb line of Wakeforest Street to the center line of the Poor Farm Ditch, and of RichmoridRoad f:romthe center line 'of the Poor Farm Ditch to the West property line of Academy Street (which together constitute a single unbroken and uninterrupted street" rGad and thoroughfare of and lying wholly wi thin the limits of the City of Houston, extending from the West curb line of Wakeforest Street to the West prop- erty line of Academy Street), all of the abutting property lying along the South side of said two portions;.'of the said BissonnetAvenue and Richmond Road being within the City limits of the City of West University Place in that the boundary line between such'two cities is along the South side of saidp6rtions of said two streets, the City Commission of the City of West 'University Place takes note of the filing with its City Secretary of a copy, certified under the hand of the City Secretary of the City of Houston, and under the seal of the City ofttouston, of an ordinance passed the 22ndday of August, 1956 by the City Council of the City of Houston" entitled:- "AN ORDINANCE FIIilDING AND DETERMINING THAT IN TEE MATTER OF TEE PERMANENT IMPROVEMENT OF BISSONNET AVENUE FROM THE WEST CURB LINE OF WAKEFOREST STREET TO THE CENTER LINE OF TEE POOR PARR DI'l'OH Ml:B 9F RleIIHQlID RQ1\;Q F,RQ.H qJIml ~ 1.n= ;'\T.t POOR FARM DrrCH MID OF RICHMOND ROAD FROM TEE CENTER LINE OF POOR FARM DITCH TO TEE WEST PROPERTY LINE OF ACADEMY STREET (WHICH PORTIONS OF BISSOmmr AVENUE AND OFRICHMO:ND ROAD CONSTITUTE TOGETHER A SINGLE AND UNBROKEN .AND UNINTERRUPrED STREET" ROAD AND THOROUGHFARE OF AND IN TEE CITY OF HOUSTON, TEXAS)" ,CERrAIN THINGS HAVE BEEN DONE .AND CERTAIN EVENTS HAVE TRANSPIRED; CLOSING THE BEARING GIVEN TO TEE REAL,.AND TRUE OWNERS OF PROPERTY ABurTING THEREON AS TO SPECIAL BENEFrrS TO . ACCRUE TO SAID PROPERTY AND TEE TRUE OWNERS THEREOF BY VIRTUE OF A CERTAIN IMPROVEMENT OF SAID PORTIONS OF BISSONNET AVENUE AND OF RICHMOND ROAD, AND AS TO THE ACeURACY;, SUFFIC- I~__~- .. .~~_ ~t :--:-!-..~-_. ---1.l.cl: ~ II '---I . ' ~4' IENCY, REGUL/.\RITY MID VALIDITY OF THE PROCEEDINGS MID CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONl'ilECTED TEEREWITH; OVERRULING AND DEIITING ALL PROTEST AND OBJECTIONS' OFFERED;' FIIilDING AND DETERMINING SPECIAL BE:NEFITS TO EACH PARCEL OF PROPERTY AND TEE OWJ.'lERS THEREOF IN EXCESS OF THE AMOUNT OF TEE RESPECTIVE ASSESSMENTS AGAINST TEE SAME; FIIilDING TEE REGULARITY OF ALL PROCEEDINGS, AND THE PERFORMANCE OF, ALLPREItEQUISITES TO FIXING TEE ASSESS- MENT LmNS AND' TEE 'PERSONAL 'LIABILITY OF TEE PROPERTY OWNERS; LEVYING ASSESSMENTS FOR THE USE .AND BENEFIT OF TEE CITY OF HOUSTON AND FIXING A CHARGE. AND LIEN AGAINST SAID PROPERTIES SO ABUTTING ~SAID STREET, OR STREETS A:ND TEE TRUE OWNERS THEREOF 'FOR TEE PAYMENT OF A P.ARI'70F"TBE;'PORTION~ OF THE COST OF SAID IMPROVE- MENTS ,WHICH 'IS TO BE BORNE BY TEE CITY OF HOUSTON IN THE FIRST INSTANCE; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFI-' CATES AND THE MANNER OF TEEIR COLLECTION AND SUNDRY MATTERS RELATED THERm'O; AND DECLARING AN EMERGENCY. ft ~ by which ordinance pursuant to certain Acts of the Legislature.. of the' State of' TexaS and pursuant to proceedings in such ordinance referred to, the City Council of the City of Houston did, ani.ong other things, levy assessments of , a part of the cost of such improvell1ent'against'the property abutting on said portions of Bissonnet Avenue and Richmond Road including 'in partic~lar the abutting property abutting on the South' sides of said portions of Bissonnet Av~nue :and Richmond Road, to-wit, against' abutting 'property which as' afore-' " said lies 'Within the limits of the City of West'University Place, such aSsess.;. ments being at the following rates per front foot, to-wit: ' o (a) Against the abutting property abutting on the North side of Bissonnet Avenue between Wakeforest and the Poor 'Farm Ditch; and against the abutting property'abutting on the North side of Richmond Road between Academy Street and Auden Street at the.rate of '$7.10 per front.foot; alid (b). Against the abutting property abutting on the North side, of Richmond Road between the Poor Farm Diteh and Auden Street and against the abutting property abutting on the South side of Bissonnet Avenue between'Wakeforest Street and the Poor Farm Ditch and against the abutting property abutting on the South side of Richmond Road between the Poor Farm Ditch and'Academy Street, at the rate of $1.00 per front foot. It is in such ordinance recited that such assessments were levied by virtue of the powers conferred and contained in the Acts of the 1927 Legislature of the State of ~exas, First .Called Session, Page 489, Chapter 106 as. amended, com- monly known as Article 1105-b, Revised Civil Statutes of the S~ate of Texas. By such Act of the Legislature as so amended and particularly as amended by the 1951 Legislature of the State of Texas, it is provided that assessments so made against property lying within the limits of another city than the city 0 levying such assessments, shall not be valid until they have been ratified and approved by the governing body of the city within which such abutting property . ] 85: lies, to-wit to the effect'that the assessments so levied by the City of Houston against the abutting property lying on the South sides of said portions of Bissonnet Avenue and Richmond Road and being within the limits of the City of West University'Place shall not be valid until they have been ratified and ap- proved by the City Commission of the City of West University Place. Section 2. The City Commission of the City of West University Place hereby declares its intention at or following the hearing hereinafter set and ordered to consider the propriety of so ratifying and approving said assessments. The City Commission hereby, orders that the hearing be had and a hearing "Till be had and held by and before the City Commission of the City of West University Place at a regular meeting thereof to be h$ld at 7:30 o'clock P.M. on 1st day of October, 1956 at the regular meeting place of such Commission in the City Hall of and in said City of West University Place at which time and place all persons having any interest whatsoever in any of the matters herein referred to and in particular all persons owning or having any interest or claim in any of said abutting property shall have the right to appear and to be heard on any matter related thereto and in particular on any matter, if any, as to which a hearing may be a constitutional prer~quisite to the validity of said assessments or to the validity of the ratification and approval thereof by the City Commission of the City of West University Place, and the accuracy" sufficiency, regularity, and validity of any of the proceedings in connection with such improvement and assessments. Section 3. At or following such hearing the City Commission of the City ,of West University Place will consider and act upon the matter of the ratification and approval by it of the said assessments so made by the City Council of the City of Houston against the said abutting property lying within the limits of the City of West University Place; and if it deems such action proper, it will by approp- riate ordinance or resolution ratify and approve the same. Section 4. The City Secretary of the City of West University Place is directed to give notice of such hearing, which notice shall be addressed to all owning or claiming any property abutting upon the South side of the herein mentioned portions of Bissonnet Avenue and Richmond Road and to all owning or claiming any ,interest in such property, and s~ll be given by advertisement thereof inserted at least three times in the Houston Chronicle, a newspaper published in the City of Houston and having a general circulation in the City of West University Place, . the first publication to be made at least ten days before the date of the hearing. In such notice, the City Secretary shall describe in general terms the nature of the proposed improvements, shall state the two streets and the portions thereof to be so improved and shall state the amount or rate per front foot of the assess- ments which have been so levied by the City Council of the City of Houston, shall .state the estimated total cost of such improvement and shall state the time and place in which such hearing shall be held. There ,may also be included in such notice such further data and informat~on regarding such proposed improvement and such assessments as the City Secretary deems proper and such general statement as the City Secretary deems sufficient to acquaint those to whom it is directed with the fact that they have a right to be heard and to inform them of the ~ matters upon which they are entitled to be heard. I ~ L_ __ __~~~~~~~:4:-::-:1 -1.Lf' r: I 1.-:-;---1___. s:6-1 ..Iil I_oJ L....: ' ___ "'. ;: , I' .;V,i:IU-i1..llUlll.... 'I' PASSED AND APPROVED THIS ,lOth DAY.OF SEPrEMBER" 1956. .~$~ ~ ~,I,,,,:,. MAYOR, City of West University flace Texas . ATTEST: iif~,9~.e.J C ,CRETARY . , , o ... o o