HomeMy WebLinkAboutORD 194 - approving and adopting written statement; cost per front foot proposed� 4
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ORDINANCE NO.�1L4_
AN ORDINANCE APPROVING AND ADO -TING THE ENGI-
NEER FOR THE C ITY S S WRITTEN STAT EIt E NT AND RE -
PORT OF THE ESTI121'.TES OF TIE COST PER FRONT
FOOT PROPOSED TO B_{1P ASSESSED AGAINST ABUTTING
PROPERTY AND THE TRUE O �'MERS THEREOF FOR THE
IMPROVEMENTS OF CERTAIN STREETS BY THE CONSTRUC-
TION OF SIDE,'VALKS ON SAID STREETS, IN FRONT OF,
OR ADJACENT TO, ALL ABUTTING PROPERTY ON EACH
SIDE OF EACH STREET `HERE THERE IS NO SIDEWALK
WITHIN THE. FOLLOWING AREA:
BEGINNING at a point in the north line of Bell-
aire Boulevard at the intersection of the west
line of City of SouthSide Place;
THENCE westwardly with the north line of Bell-
aire Boulevard to its intersection with the east
right of way line of the Humble Pipe Line Company
right of way for corner;
THENCE northwardly with the east right of way
to its intersection with the south right of way
line of Richmond Road for corner;
THENCE in a north northeasterly direction with
the south right of way line of Richmond Road
to its intersection with the east boundary line
of College View Third Addition for corner;
THENCE in a southerly direction with the east
line of Uollege View Third, Second and First
Additions and continuing with the southerly
projection of said line to the place of
BEGINNING, and including
Lots.l to 31 inclusive, Cambridge
Place, all of Fairhaven Addition, Colonial
Terrace Addition, College View First, Second
and Third Additions and two acreage tracts be-
lOnging to Yrs. T. W. Cunningham,
IN TIM! CITY OF WEST UNIVERSITY 'LACE, TEXAS; DE-
TERMINING AND FIXING THE SAID COST TO BE PAID
BY SAID ABUTTING PROPERTY M THE TRUE OWNER
THEREOF: AND DETERMINING THE NECESSITY OF LEVY-
ING AN ASSESS, "; ,7T AGAINST SAID ABUTTING PROPERTY
AND THE' REAL, AND TRUE OWNER THEREOF FOR SAID
COSTS; ORDERING AND ,,SETTING A IlE RING AT 8LOCK
P. MI. , ON TIE �.��G� DAY OF Q_ q 4 a , .4
1940) IN THE CITY COUNCIL CHAMBER, IN TIE CITY OF �
WEST UNIVERSITY PLACE, AS A TINE, AND PLACE FOR
A HEARING OF THE REAL AND TRUE OFaYNER OF THE SAID i
ABUTTING PROPERTY AND ALL OT HERS INTERESTED IN
SAID PROPERTY AND IN SAID PROCEEDINGS CONCERNING
SAID ASSESSMENT AND PROCEEDINGS DIRECTING THE
CITY SECRETARY OF THE CITY OF trEST UNI VERSITY
PLACE, TEXAS TO GIVE NOTICE OF SAID HEARING AS
REQUIRED BY THE LA,AI S O =' TH STATE OF TAE' XA.S, AND
THE ORDII\D NCE S OF THE CITY OF v',E ST UNITJERSITY
PLACE, TEXAS AND FURTF -R DIRECTING SAID CITY
SECRETARY, IN ADDITION TO NOTICE OF SAID HEARING
AS REQUIRi -"D BY L,1_7, `,4HICH SHALL BE VALID AND SUF-
FICIENT IN ITSELF TO INCLUDE IN SAID NOTICE A
LIST OF EACH OF THE STRE TS WITHIN THE AREA DE-
FIEMD AS SET OUT IN SAID Ei1GINLER FOR THE CITYI S
WRITTEN? REPORT; SAID NOTICE SHALL NEVERTrI ,LESS
BE DIREICTED TO TIP,,' REt�L AND TRUE O "SNERS OF SAID
ABUTTING PROPERTY, VMETHER NAKED OR NOT, AND
DECLARING AN E1Z'RGENCY.
WHEREAS, the Board of Commissioners of the City of Nest
University Place,. Texas has heretofore on the 23rd day of Septem-
ber A.D. 19402 by duly enacted ordinance determining the necessity
for and ordered the improvement of certain streets by the construc-
tion of sidewalks on said streets, � in front of, or adjacent to,
all_.abutting property on each side of each street where there is no
sidewalk within the following area:
BEGINNING at a point in the north line of Bell-
aire Boulevard at the intersection of the west
line of City of South Side Place;
THENCE westwardly with the north line of Bell-
aire Boulevard to its intersection with the east
right of way line of the Humble Pipe Line Company
right of way for corner;
T'''NTCE northwardly with the east right of way
to its intersection with the south right of way
line of Richmond Road for corner;
THENCE in a northeasterly direction with the
south right of way line of Richmond Road to its
intersection with the east boundary line of
College View Third Addition for corner;
THENCE in a southerly direction * th the east
line of College View Third, Second and First
Additions and continuing with the southerly
projection of said line to the place of
BEGININIM , AND including
Lots 1 to 31 inclusive, Cambridge
Place, all of Fairhaven Addition, Colonial
Terrace Addition, College View First, Second
and ,'hird Additions and two acreage tracts be-
longing to Mrs. 1. 7% Cunningham, in, the "'ity
of West University glace, Texas,
within the limits therein defined, and hereinbelow set out, by
excavating, raising, grading and filling same and by constructing
N Iff
sidewalks with one of the materials therein named, which material
for said sidewalk has been duly selected by s &id Board of
Commissioners to be:
Four (4t) feet wide and four (411) inches thick,
made with shell concrete base containing not less
than five (5) sacks of cement per cubic yard,
topped monolithic with not less than one- fourth
(1/4 ") inches of dry sand . and cement topping con-
taining not less than nine (9) sacks of cement
per cubic yard.
and ,
IiI. IEREAS; the said Board of Commissioners has caused the
Engineer for the City to prepare and file estimates of the cost
of such improvements and estimates of the amounts per front
foot proposed to be assessed against the property abutting said
streets to be improved and the true owners thereof, and said
Engineer for the City has heretofoPe filed said estimate and a
statement of other matters relating thereto with said Board of
Commissioners and same have been received and examined by said
Board of Commissioners; and
WHEREr1S, it is. found that there is no railway, street
railway or interurban using, occupying or crossing said street
or the portion thereof to be improved; and,
in accordance with said statements of
estimates and other matters prepared and filed by said
-engineer for the City, herein approved by said Board of Com-
missioners., the total estimated cost of the whole improvement
on each street, or portion thereof to be improved, within the
limits defined above, is as follows:
the estimated amount per front foot to be assessed against each
abutting property and the true owners thereof for the construc-
tion of said improvements if $0.60 per lineal foot, the total
estimated amount per front foot to be assessed against each abutting
property and the true owners thereof is $0.60; the estimated total
cost of said improvements to be paid by said abutting property
and the true owners thereof on each street is as f ollows:
and,
tiJYEREAS, the written statement of said Engineer for
the City contains the names of the owners of said abutting
property, the number of front feet owned by each, the des-
— I
es-
J
101
cription of their property, the amount proposed to be
a-;§tessed against each such abutting property and the true
owners thereof, and other matters pertaining to said im-
provements:
NGfT , TERREFURE , BE IT ORDAIMEED BY TIE BOARD OF COhZr,IS-
SIONERS OF TIC CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 7 ,. That the written statement and report Hof the
Engineer for the �'ity heretofore filed with the Board of Oommis-
sioners, showing the estimated total cost of the whole improvement
on each of said streets, within the limits above defined, the es-
timated amount per front foot proposed to be assessed against the
abutting property and the true owners thereof on each of said
streets, or portion thereof to be improved, the estimated amount per
front foot proposed to be assessed against said abutting property
and the true owners thereof for said improvements, the total esti-
mated cost of said improvements to be paid by said abutting proper-
ty and the true owners thereof, and _the names of persons, firms,
corporations and estates owning or purporting to own property abut-
ting on said streets, with the limits above defined, with the num-
ber of front feet owned by each and the description of their proper-
ty, having been received and examined by the Board of Commissioners
said report-is hereby in all things approved and adopted.
Section 2. That it is hereby found and determined that.
the total cost of the whole improvement on each of said streets
or portion thereof to be improved, within the limits above defined,
is as follows:
the amount per front foot of the costs to he assessed against
each abutting property and the real and true cimers thereof for
the construction of said improvements is $0.60 per lineal foot;
the total amount per front foot of the hosts to be assesses
against the abutting property nd the real-and true owners there-
of for said improvements is 40.60 per lineal foot; the total co st
of said improvements to be paid by said abutting property and the
true owners thereof on each streot is as follows: .
Section 3: That all of the costs of said improvenents-
shall be paid by and assessed against the property abutting upon
said streets within the limits above defined, and against the
real and true owners thereof in accordance with, and in a manner
provided by the. acts of the 40th legislature of the State of Texas,
102
First Called Session, Chapter 106, and known and shown as
Article 1105 -b, of Vernonts Annotated Vivil Statutes of Texas, -�
and as adopted by the City of West University Place, Texas; and
that the total costs of said improvements shall be paid and de-
frayed by the property abutting on each of said streets, within
the limits above defined, and the real and true owners thereof
shall pay the total cost of construction, re- construction., re-
pairing and realigning said sidewalks in front of or along side of
their respective property, within said limits above defined, and
the said cost for such improvements shall be assessed against said
abutting property and the real and true owners thereof; provided,
however, -that no amount shall be assessed against any such abutting
property or the real and true owners thereof-in excess of the
benefits to said property in the enhanced value thereof by reason
of said improvements and that said cost which may be assessed
against such property and its real and true owners shall be in
accordance with the "Front Foot Rule or Plant' in-proportion as the
frontage of such property is to the frontage to be improved; pro-
vided that it it shall appear at the hearing on Special Benefits
hereinafter provided for, that the application of such Rule or
Plan will result in inequality or injustice, then such rule of
apportionment shall be applied as will in the opinion of the
Board of Commissioners, produce substantial justice and equality
between respective parcels of property and the true owners there-
of, considering the special benefits in enhanced value to be re-
ceived and burdens imposed, all in accordance with and as provided
for in said Acts of the 40th Legislature of the state of Texas,
First Called Session, Chapter 106, as hereinabove identified.
That the amounts payable by the real and true owners of
said abutting property shall be paid and become payable in five
(5) equal installments, one in thirty (30) days after the comple-
tion of said improvements and the acceptance thereof by the City
of Vest University Place Texas and another installment in a
like amount in three (31, six �6), nine (9) and twelve (12)
months from and after the date of said acceptance, together with
interest thereon from said date of acceptance at the rate of
seven (76 /.)per cent. per annum; but said property owners shall have
the privilege of paying any and all of said installments before
their maturity by a payment of the principal and accrued interest
to date of said payment.
Section 4: That a hearing be given to the real and true
owners and all owning or claiming any interest in any property
abutting upon said portions of said streets, within the limits
above defined, and to all others owning,.claiming or interested
in said property or any of said matters as to the assessment and
to the amount of be assessed against each parcel of property and
the real and true owners thereof , and as to the benefits to said
property to be received from said improvements, if any, or con -
cerning any error, invalidity, irregularity or deficiency in any
proceeding or contract with reference thereof, or concerning air
matter or thing connected ther- eWith, which hearing shall be held
by the Board of Commissioners of said City in the Council Chamber
at the City Hall in the City of West University Place, Texas.at
103
o'clock P. M., on the day of ,
A. D. 1940, at which time all persons, firms, corporations or
estates, owning or claiming any such abutting property, or any
interest therein, and their agents or attorneys, or persons
interested in said proceedings are notified to appear and to be
heard in person or by counsel and may offer-evidence; and said
hearing shall be adjourned from day to day and from time to
time and kept open until all protests have been duly heard;
and the 0ity Secretary of the City of 'Vest University Place,
Texas, is hereby ordered and.directed to give notice of said
hearing by publication hereof in some newspaper of general
circulation in the City of `ffest University Place, Harris County,
Texas; said notice shall be published at least three times in
said newspaper before the date set for said hearing, the first
of which publication shall be at least ten (10) days prior to
the date of said hearing, and such notice by publication shall
be valid and sufficient-t' =withbut any further form of notice, all
as provided for and in accordance with the terms and provisions
of Chapter 106, of the Acts of the First Called Session, of the
40th Legislature of the State of 'Texas, known and shown as
Article 1105 -b, of Vernon's Annotated Civil Statutes of Texas,
and as adopted by the City of `hest University Place, Texas,
The names of persons, firms, corporations and estates purported
to be the owners .of the property abutting on each of said streets
within the limits above defined, as set out in' -the roll or state-
ment of the. Engineer for the City hereinabove referred to, shall
.merely be cumulative of and in addition to the requirements of
said notice as provided by law of the State of Texas and the
Ordinance of the City of 01eSt University Place, Texas, and shall
not in any manner be conclusive as to the real and true owners of
said abutting property, but said notice shall nevertheless be
directed to the real and true owners of said abutting property, and
to all persons owning, claiming or interested in any manner in any
of said abutting property on said street within the limits above
defined.
Section 5: That following such hearing as above provi-
ded, assessments will be levied against said abutting property and
the real and true .owners thereof for that portion of the cost of
said improvements hereinabove determined to be payable by said
abutting property and the real and true owners thereof , and such
assessments when levied shall be a personal liability of the real
and true owners of said abutting property, and a first and prior
lien upon said abutting property. In levying said assessments, if the
name of any owner be unknown, it shall be sufficient to so state
the fact, and if said abutting property be owned by an estate or by
any firm or corporation, it shall be sufficient to' so state the
fact, and it shall not be necessary to give the correct name of any
such owner, and no error or mistake in attempting to name any such
owner or in describing any of said property shall invalidate any
assessment or certificate issued in evidence thereof, but neverthe-
less the real and true owner of said abutting property shall be
.valid whether or not such owner be correctly named.
Section 6: The fact that the present conditions of said
portion of said street endangers the public health and safety, and
it is necessary that such improvements be proceeded with as soon as
104
possible, and the same are now being delayed pending the
taking effect of this ordinance, creates a public emergency
requiring that this ordinance shall take effect and be in force
immediately from and after the date _of its passage and approval.
PASSED AND APPROVED this the day of ,
A. D. 1940.
Mayor
?-h ;a.,
it secretary