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HomeMy WebLinkAboutORD 718 - ORD City Commission Permanent Improvement of Wakeforest Street ] 1 ORDINANCE NO. 718 f AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE., TEXAS, ;F:J:NDING AND DETERMINING THAT IN THE MATTER OF THE PERMANENr IM'PR0VEMEm' OF BISSONNET AVENUE FROM THE WEST CURB LINE OF W.AKl!lF;OREST STREET TO THE CENTER LINE OF THE POOR FARM DITCH AND. OF RICHMOIID ROAD FROM THE . CENrER LINE OF POOR FARM DITCH. TO THE WEST PROPERTY LINE OF ACADEMY STREET (BY TEE CITY OF HOUSTON, AIDED BY HARRIS COUNl'Y) CERTAIN THINGS HAVE BEEN DONE AND CERTAIN EVENTS HAVE TRANS- PIRED, INCLUDING THE LEVYING BY THE CITY OF HOUSTON OF ASSESSMENTS OF PART OF THE COST OF sumr WORK AND IMPROVEMENT AGAINST THE ABUTTING PRO~Y.AND THE OWNERS THEREOF, IN- CLUDING THE ABUTTING PROPERTY LYING ON THE . SOUTH SIDE OF SAID PORTIONS OF SAID BISSONNET AVENUE AND RICHMOIID ROAD WHICH ABUTTING PROPERTY IS WITHIN THE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE; RATIFYING AND APPROVING SUCH ASSESS- MENTS; AND DIRECTING THAT CERTIFIED COPY OF THIS ORDINANCE BE DELIVERED TO THE Crry OF HOUSTON AS ITS EVIDENCE OF SUCH RATIFICATION A:ND APPROVAL. ' 99- BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. There has heretofore been delivered. to the City Commission of the City of West University Place a certified copy of an ordinance of the City Council of the City of Houston, passed and approved August 22, 1956" entitled: "AN ORDINANCE FINDING AND DETERMINING THAT IN THE MATTER OF TEE PEBMANENT IMPROVEMENT OF BISSONNET AVENUE FROM THE WEST CURB LINE OF WAKEFOREST STREEr TO THE CENTER LINE OF THE POOR FARM DITCH AND OF RICHMOND ROAD FROM THE CENI'ER LINE OF POOR FARM DITCH TO THE WEST PROPERTY LINE OF ACADEMY STREET (WlIlCH PORTIONS OFBISSOmmT AVENUE AND OF RICHMOND ROAD CONSTITUTE TOGETHER A SINGLE AND UNl3ROKEN AND UNIN- TERRUPrED STRE:EX', ROAD, AND THOROUGHFARE OF AND IN. THE CITY OF HOUSTON, TEXAS), CERTAIN THINGS HAVE BEEN DONE, AND CERTAIN EVENTS HAVE TRANSPIRED; CLOSING THE HEAR:llltJGIVEN . TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THEREON AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF A CERTAIN IMPROVEMENT OF SAID PORTIONS OF BISSONNET AVENUE AND OF RICHMOIIDROAD, AND AS TO THE ACClJRACY, SUFFICIENCY, BEGULARITYAND VALID- ITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH 'SAID IMPROVEMENI'S AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWrrH; OVERRULING AND DENYING ALL PROTEST AND, OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH, PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNI' OFTBE RESPECTIVE ASSESS- MENrS AGAINST THE SAMEl; FINDING THE. REGULARITY OF ALL PRO- CEEDINGS, AND THE PERFORMANcm:,;~(')FaU.L' PREREQUISITES TO r-~---:,. , .. r 1 1 I, ~~--"1 IIf L..-- ril 1--1---' 00 FIXING THE ASSESSMENT LIENS AND TEE PERSONAL LIABILITY OF THE ( PROPERTY OWNERS; LEVYING ASSESSMENTS, FOR THE USE AND BEImFIT . OF THE CITY OF HOUSTON AND FIXING A CHARGE Am> LIEN AGAINST SAID PROPERTIES SO' ABt1l'rING SAID STREET OR STREETS AND THE TRUE OWNERS THEREOF FOR THE 'PAYMENT OF A' PART OF THE PORTION OF THE COST OF SAID 'IMPROVEME:NTS WHICH IS, TO BE BOIOOl BY THE CITY OF HOUSTON IN THE FIRST INSTANCE; PROVIDING FOR THE ISSUANCE OF ASSESSMENT - CERTIF;J:CATES AND THE MANNER OF THEIR eooi..JlQT.l.Q:tL~N.R_$~I~T!'!!lH$_. ~TED THERFrO; AND DECLARING AN ,~.mmro'tll'l\Tr;nr "",- .-. . ,,--, - - . ,. ,. . ..J:iJ.Y~\:J:~l~~:. .. _ ... . o , by which ordinanc~ it was made to appear and the City Commission of the City of West University Place hereby finds and dete~ines:- (a) By ordinance passed and approved August 1" 1956, the City Council of the City of Houston, Texas, determined the necessity for and ordered the per- manent improvement of Bissonnet Avenue from the west curb line of Wakeforest Street to the center line of the Poor Farm Ditch (being at about the point where Edloe Street intersects Bissonnet Avenue and Richmond Road at their in- tersection), and of Richmond Road from the c.enter line of the Poor Farm Ditch .to the west property line of Academy Street (which together constitute a single unbroken and uninterrupted street, road and thoroughfare of and in the City of Houston, Texas, extending from the west curb line of Wakeforest Street to the west property line of Academy Street), in accordance with plans and specifications in such ordinance referred to" which plans and specifications 0 provide in principal substance for the construction upon and along said portions of Bissonnet Avenue and of Richmond Road of two reinforced concrete paved . roadways separated by an esplanade (in which there will, however, be openings at certain points as provided by the plans) with monolithic concrete curbs and appurtenances and incidentals to such improvements, including the construction of an appropriate bridge structure over the said Poor Farm Ditch and together also with certain incidental and appurtenant storm sewer construction" such two paved roadways to be of reinforced concrete seven inches (7") in thickness and each of a vTidth of twenty-four feet (24') measureQ. between the faces of the curbs; and (b) Prior thereto Harris County and the City of Houston had entered into a contract to the effect that they would jointly participate in and respect- ively bear certain portions of the cost of such work and improvement, to-wit" in particular that Harris County:would bear $253,057.41 of the paving cost and that the City of Houston would bear the.entire storm,sewer cost and the remainder of the paving cost, reserving, however, to the City the right to levy assessments against the abutting property 01vnersfor a part of the remaining paving cost to be borne by the City in the first instance. Pursuant to their such contract, bids for such work were received by the City of Houston and the Commissioners' Court of Harris County, Texas, on July 11, 1956; and pursuant to such bids, the City Council of the City of Houston and the Commissioners' Court of Harris County, Texas, have awarded and authorized the execution of a contract therefor wi th Ramey Contracting Company" Inc., at a--total estimated cOt).struction cost, , of $325,785.71, based upon the unit prices bid by the said bidder and the es- 0 timated quantities of the various items of construction entering into the D'"" '"" t i , ~ fOl' project as stated in the bid proposal; and (c) Based upon such bid and pursuant to direction given h~m by the City, Council by its Motion No. 5867, the City's Director of PUblic Works and Engin- eeringdid, on July 19, 1956, file with the Mayor and City Council his estimate of the cost of said work and of certain portions of said cost, estimating the total paving cost, including the cost of the bridge structure over Poor Farm Ditch and including also estimated engineering miscellaneous and incidental cost and expense at $298,304.06, and did estimate the remaining such paving "cost to be borne by the City over and above the amount to be paid as aforesaid 'by the County, at the sum. of $45,246.65" and did estimate and propose the fol- lowing amounts or rates as the proper assessments to be levied against the abutting property owners to result in the reimbursement to the City to the extent of nine-tenths (9/10) of the part of the cost of the project, to-wit,. of the paving cost to be borne by the City" to-wit:- (1) At the rate of $7.10 per lineal front foot against the abutting property and the owners thereof abutting upon the north side of BissonnetAvenue between Wakeforest street and Edloe street and abutting upon the north side of Richmond Road between Auden street and Academy street (said property appearing to be unre- stricted as to its uses); and ' (2) At the rate of $1.00 per lineal front foot -against the abutting property and the owners thereof abutting upon the north side of Richmond Road between Edloe Street and Auden street, and upon the south side of Bissonnet Avenue between Wakeforest street and Edloe Street, and upon the south side of Richmond Road between Edloe street and Academy street (said property all appearing to be restricted to residential or similar uses); and (d) By its ordinance above referred to of August 1" 1956, the City Council did approve the said estimates so filed with it by the City's said Director and did order that a hearing be given to the real and true owners of property abutting upon the said Bissonnet Avenue and upon the said Richmond Road within the respective limits specified and to all persons owning or claiming or having any interest in any of such property or in any of said matters as to the proposed assessments and as to the benefits in enhanced value to their prop- erties which would be enjoyed by the abutting property and the owners ,thereof from said improvements" and as to the amounts proposed to be assessed 'against the said abutting properties and the real and true owners thereof; and as to the special benefits to said abutting property and the owners thereof by means of,said improvements for which assessments are to be levied, and as to the a.c- curacy, sufficiency, regularity and validity of the proceedings and contracts in connection with said improvements and proposed assessments and concerning any matter or thing connected therewith; said hearing 'to be held in the Council Chamber of the City Hall of the City'of Houston, Texas, at 10:30 a.m. on the l5th day of August, A. D.1956, at which time all persons" firms, corporations, 1--'- 1---..1 02'~ or estates owning or claiming any such abutting property and their agents or 0 battorneysl' ordPe~fsons i~dterested din the proceedings might appear in person or . , y counse an o~ er eV1 ence; an (e) As ordered and directed by said ordinance and as provided for and in accordance with the terms and provisions of Chapter lo6 of the Acts of the First Called Session of the Fortieth Legislature of the state of Texas (as from time to time amended), known and shown as Article 1105b of Vernonls Annotated Civil statutes of the state of Texas, and as adopted by and as Article IV-b of the Charter of the City'of Houston, Texas, notice of said hearing so ordered to be given was duly given by advertisement by publication of same in the Houston Press, a newspaper published in said City of Houston, Texas" on August 3, '1 a.nd 8,1956, said notice so published, having described the nature of, the improve- ments for which assessments were proposed to be levied and to which said notice related" having stated the respective portions of Bissonnet Avenue and of Richmond Road to be improved, and the estimated amounts per front foot proposed to be assessed against the owners of abutting property on said portions of said two streets with reference to which the hearing mentioned in said notice was to be held, and having stated the estimated total cost of the entire improvement and prouect contemplated and the total estimated cost of the paving work and of the portion of said cost to be borne in the first instance by the City of Houston, and having stated the time and place at which said hearing would be held,' and said notice having in all, respects fully met ,and complied with all provisions of law requisite or pertinent thereto; and (f) After such due" regular and proper notice thereof, all as provided by law and the Charter of the City of Houston, said hearing of which notice was so given was opened at lO:30 o'clock a. m. on August 15" 1956, in the Council Chamber in tbeeC~ty Hall of and in the City of Houston, 'Texas, pursuant to the notice hereinabove referred to, at which time an opportunity was given to all of said referred to persons, firms; corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in connection with such proposed improvement and proposed assessments, at which time testimony was heard by the City Council of the City of Houston to the effect that the benefits to the abutting property would in every instance be in excess of the proposed assessments; and at the conclusion of such hearing, a motion was q.u1y made, seconded and passed by the said City Council of the City of Houston which did, among other things, determine benefits to the abutting property and theowne:r~ thereof', abutting on the south side of Bissonnet Avenue between Wakeforest street and the Poor Farm Ditch, and to the abutting property abutting on the south side of Richmond Road between the Poor Farm Ditch and Academy Street, and to the owners of such property in enhanced value thereto from said work and im- provement to the extent of at least $1.00 per front foot" and an ordinance was ordered prepared levying assessments against the abutting property abutting on the south side of said two streets between said limits at the said rate of $1.00 a front foot; and (g) By its such ordinance of August 22, 1956, the City Council of the City of Houston did, among other things, levy and assess against the properties abutting on the south side of said portions of said two streets and against the o o ] 1.0& real and true ovmers thereof"res-pectively, the following amounts, the description of', said properties and the names of'the apparent owners thereof' respectively, and the several amounts so assessed being:- Property Owner BISSOrrnET AVENUE - RICHMOND ROAD - SOUTH SIDE Lot Number or :Block Addition Description Number A. Ross Williams, et ux Anna Mae Williams Monticello 15 2 John W. Blalock, Trustee for Charlotte :mdna Hollan " 14 2 ,t T. P. Wier " 2 13 Mrs. Fay L. Whitehurst, Mrs. Dorothy Whitehurst Heard, James Reagan Whi te- hurst, J. G. Whitehurst" Jr. " 12 2 Robert Muhlemann " Lot 11 and east 9' Lot 10 2 Beda Sanders, feme sole " W. 41' of Lot 10 and the E. l7' of Lot 9. 2 E. J." Christianson " E. 25 t of"'L9t 8" and tlie W. 33 ft. of Lot 9 2 E., J.Christianson It Lot 7, and the W.~ of Lot 8 2 'E,,": J.,.. Christianson r),.-,).:. " " 6 2 ~. J. Christianson " 5 2 Vest & Storkey Construction Co., Inc. It 4 2 R. R. Vest " 3 2 R. R. Vest l! 2 2 R. R. Vest " 1 2 , ;,.- r 1 1 Iii II r Prope;rty Frontage Total Assessment 96.57 96. 57 50.00 50.00 50.00 50.00 50.00 50.00 59.00 59.00 58.00 58.00 58.00 58.00 75.00 75.00 50.00 5~;OO 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 ~ J .-~"" . ,I:;' , Property Owner Lot Number or Addition Description Block Property Number ,Frontage BUFFALO SPEEDWAY st. Andrews Presbyterian Church WUP 2nd Sec.!l 90' of the N 16o'of Lot 1 89 90.00 RUTGERS STREET :D. Kuritza et ux Katherine ~uritza tI 2 90 150.00 Ray D . Roy et- ux Eleanor V. Roy EarlM. Morin et ux La,Nelle S. Morin tI E 75' of N 175' of Lot 1 90 W ,75' of N 175' of Lot 1 90 WESTCHESTER STREEn' 75.00 fl 75.00 West University Church of Christ 148.75 WUP 2nd Sec. 2 91 Garland Gaylor, Bayard G'.Gaylor, Mildred Gaw, Rhea J. Rogers 91 148.75 " 1 SEWAEEE STREET Gus C. Dittmer fl 92 150.00 2 St. George's Orthodox Church fl 1 92 150.00 MERCER STREET Ji05 Total A~sessment 90.00 150.00 75.00 75.00 'dt 148.75 l48.75 150.00 150.00 RomerW. McCallon et ux E 75' of the N125 , Virginia D. Mcqallon tJ qf ,Lqt 2 93 75.00 75.00 < Charles Allen Wyatt et ux W 75' of the N125 , Madeline B. Wyatt l! of Lot 2 93 75.00 75.00 Charles Allen Wyatt et ux Madeline B. Wyatt tI 1 93 150.00 150.00 ~ ::c ::' Gustavus N. Kinkead et ux Sunset Terr. Billie L. Kinkead Sec. 9 1 7 94.00 94.00 r:~CL.___~.__j=:_~' _ _____ L u ___~_-Jlid(_; _~lj otl Property Owner James F. Berly Jr. et we Bettie Jean Berly E.W. Anders et we Faye Anders Orten W. Sollie et ux Bei;ty M. Sollie Raymond F. Strater et we Edna M. Strater C. E. Wood et ux Tampa "Wood William T. Griffin et ux Ana May Griffin Wilson Howard Suydam et ux Marion F. Suydam Edgar R. Woodhouse et ux Dolores Woodhouse Herman L. Murchison et ux Rachel Murchison Vernon G. Sheffield et ux Frances Jane Sheffield Robert Brinton et ux Adelaide C. Brinton Edward D. Landry et ux Marjorie M. Landry Lot Number or Addition' Description Sunset Terr. Sec. 9 MERCER STREET " 2 " 3 4 If 5 If 6 If 7 \ " 8 II _9__.", " 10 II 11 ~lock Number 7 7 7 7 7 7 7 7 7 7 Lot 12 & part of Lot 13 a~ described in a deed recorded in Voi. 2565,Page 26, H.e.D.R. ~, " Lo~ 14 & part of Lot 13 as described in a deed recorded in Vol. l447, Page 124" H.C.D~R. 7 " PeterR. Harriset ux Sunset Terr. IIouise Harris Sec. 9 Lot 15 & part of Lot '14 as described. in a deed recorded in Vol.1456, Page 5 428, H.C.D.R. Property Total Frontage Assessment 89~00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60,00 60.09 179.00 130.00 89.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 6p.oo 17:?,.O?, ' I" .,:i, 130.00 '. {.:;., '{.!i'. D o o J J property Owner Eddie Lee Strelau May J. Terry D. T. Austin, Surviving Partner of the firm of Haden & Austin; R. T. McDow and W. P. ~mblem, Independent Executors of the Estate' of W.D. Haden" Deed. Herman J. Pfeifer, Jr., et ux Helen Pfeifer E.' A. Berry Jr. et ux Lois Berry Addition Lot Number or Descri'Ption Block N:umber MERCER STREET II 16 5 Property Frontage 97.30 A triangular tract of land out of the 'Morse Subdivision of the A. C. Reynolds 0 Survey" described as' follows, to wit: - Beginning at a point in the north line of Blo~k 2" Sunset Terrace Add." Sec. 1, 28 feet easterly from the intersection of the said north line of Block 2, with the southeasterly line of Richmond Rd.; Thence, in an easterly direction along said north line of Block 2, 55 feett~ the southwest corner of Lot l6" Block 5,., Sunset Terrace Add." Sec. 9; Thence, northerly with the west line of the aforesaid Lot 16, 48.1 feet to the southeasterly line of Richmond Road;(':Ch€ince~(:SQutllweste:t11yLa.long the squtheast line of Richmond Road 63.48 feet to the northeast corner of a tract of land described as Tract No. 2 in a deed recorded in Vol. 2466, Page 584, R.e.D.R.; Thence in a soUtherly direction along the east line of the aforesaid Tract NO.2" 15.54 feet to the place of beginning. - 63.48 The east 55' of Lot 1, and the ad- joining 5' of Lot 2, Block 2, Sunset Terrace Add." Sec. 1, and a tract of land described as Tract NO.2" all' described in a. deed recorded in Vol." 2466" Page 584, R.C.D.R. Sunset Terr. Sec. 1 The W 73.15' of Lot 1" as described in a deed recorded in Vol. 2893, Page 93, R.C.D.R. 'j, 'H , , , '. J \.. -68.93 84.37 107 Total Assessments 97.30 63.48 68.93 84.37 .JTI -C----l ~' , , afr Property Owner Lot Number or Block Property Total Addition Description Number Frontage Assessment D MERCER 'STREET A tract of land in the A. C. Reynolds Survey described in a deed recorded in Vol 2668, Page 56, H.C.D.R. 177.65 177.65 College View The east 10' of Add. ,3rd Sec. Lot 1- 1 10.00 10.00 George D. Smith et ux Alice Smith J. C. Jacques ) E. J. French If " l! Lot 1, save and except the E 10' thereof. 1 204.00 204.00 Minnie Knittel " II " Lots 2 and 3 4 100.00 lOO.OO Vivian Leatherberry Smith, Trustee l! " " ~ Lot 1, save and except the W 2.5' thereof 169.39 169.39 W. A. Horne Bissonnet Pl. Lot 5, save and except the E.2.5 feet thereof. 2 1']2.44 112.411D Mrs. Olive E. Illiq, feme sole . < ^ Carl Illiq, Jr. If " " 4 R. E . Boyker If II " 1,2,3 2 82.40 248.30 82.40 248.30 1 42, 539.53 (h) The assessments so levied by the City Council of the City of Houston were by such ordinance provided to be payable in ten equal installments, one installme~t within thirty days atter the completion of said improve~nts and the acceptance ~ thereof by the City of Houston" Qn~ ;.nf!tallm.ent one year from the date of such ac-, ceptance" and'subsequent installments on the successive anniversaries of the date of such acceptance; and were provid.ed to bear interest at the rate of five per cent (5'/0) 'per annum, payable annually; and were provided to be payable to and for the use and benefit of the City of Houston in order that it might thereby recoup and recover that much of the cost to it of the paving project herein referred to. Section 2. The City Commission of the City of West University Place, Texas, further finds and determines that thereafter a certified copy of the said ordinance of \. o J ] ] 109 '-":AUgu.st_:?2~=:;;L956, of the City Council of the City of Houston was received by the said City Commission with:arequest that as provided by Article 1105b of the Revised Civil statutes of-the state of Texas commonly known as the state Paving Law, the city Commission of the City of West University Place consider the matter of ratifying and approving the said assessments hereinabove referred to and that thereafter by ordinance the City Commission of the City of West Univer- ~ity-Place did order and direct that a hearing be held by and before it at its regUlar meeting to be held at 7:30 o'clock p.m., on the first day of October,' 1956, at its regular meeting place in the City Hall of and in the said ,City of West University P~ce for the matter of considering the propriety of so rati- fying ana approving said assessments, and did direct that notice be given and notice was given by advertisement thereof of the fact that such meeting was to be held, which notice was given by publication in ~e Houston Chronicle on Sep- . tember l2, 19 and 26, 1956, in which notice there was stated among other. things the fact of the time and place at which such hearing would be held and of the matters to be then and there considered and of the fact that Houston had so ' levied said assessments against the said abutting property lying within the limits of the City of West University Place and of the fact that said assess- ments were at the rate of $1.00 per front foot. ' Section 3. At the time and place stated in said notice, to-wit, at its regular Council meeting convened at 7:30 o'clock p.m. on August 1, 1956, in its r~gular meeting place in the City Hall in the City of West University Place, said hearing was held by and before the said City CoDmdssion of said City; and at said hearing all persons desiring to be heard in connection with said paVing project or the proposed assessments or the proposed ratification and approval thereof by the said City Commission were heard; and the propriety of so ratifying and approving said assessments was and has been fully considered by the City Commiss~on of the City of West University Place, being its governing body. Section 4. The City Commission of the City of West University Place 9.oes hereby in all things ratify and approve the said assessments so levied by the City Council of the City of Houston as hereinabove set forth and listed and as herein- - above further briefly describe.d. Section 5. The City Secretary of the City Of West University Place is hereby authorized and directed to deliver a certified copy of this ordinance to the City of Houston as its evidence and assurance that the said assessments $0 levied by it against the abut'tiing property lying within the limits of the City of West University Place abutting upon the portions hereinabove described of Bissonnet Avenue and Richmond Road respectively have been so ratified and approved by this the City Commission of West University Place. , PASSED AND APPROVED THIS 8m DAY OF OCTOBER, 1956. COMMISSIONERS VCYrING AYE: All. COMMISSIONERS VOTING NO: None ATTEST: a..~, )/ ~~ EDWIN W. MORRIS OR City of West University Place, Texas . .. ~~_p,J CITY SE ARY , , , :r:: c. L. ., Ilr ,,. r- I . "