HomeMy WebLinkAboutORD 200 - closing hearing;improvements12-9
ORDINANCE NO. 200
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF THE PROPERTY ABUTTING UPON EACH SIDE OF EACH STREET
WITHIN THE FOLLOWING LIMITS:
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
Bellaire Boulevard to its
east right of way line of
Company right of way for
the north line of
intersection with the
the Humble Pipe Line
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;
'tNCE in a southerly direction with the east
_line of College View Third, Second and .First
Additions and continuing with the southerly pro-
jection of said line to the place of BEGINNING,
and including
Lots 1 to 31 inclusive, Caibridge Place,
all of Fairhaven Addition, Colonial Terrace Addition,
College View First, Second and Third Additions and
two acreage tracts belonging to Firs. T. W. Cunningham,
inr,tha 0ity of .Vest University Place, Texas.
AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE-
OWNERS THEREOF BY VIRTUE OF TH:� DaPROVEME NT OF SAID STREETS 'WITHIN
THE LD#11ITS DEFINED, AND AS TO ANY ERRORS, INVALIDITES, OR IRREGULAR-
ITIES IN ANY OF THE PROC EDINGS OR DUNTRACT THEREFOR, OVERRULING
AND DENYING ALL PROTESTS AND OBJECTIONS OF.EER'D; FINDING AND DETER -
L'INING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID
STREETS `aVITHIN THE LIMITS DEFINED =SILL BE SPECIALLY BENEFITED AND
ENS ANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID
IMPROVELUMTS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTIES AND
LEVYING AN ASSESSMENT FOR THE PA`T E1\TT OF ALL' OF THE COST OF -IMy
PROVING SAID STREETS `iVITHIN SAID LIMITS; FIXING A CHARGE AND LIEN
AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND T�'iE TRUE OWNER
OR OWNERS THEREOF; PROVIDING FOR THE ISSURANCE OF ASSIGNABLE
CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK,, THE
MANNER AND TIME OF PAYiJIENT AND PROVIDING FOR THEE Itj'�N 'i;R AND METHOD
OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATE-S, AND DECLARING
AN EMERGENCY.
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WHEREAS, the Board of Commissioners of the City of West
Univer 'ty Place, Texas, has heretofore on the �3.t,o� day
of , A. D. 19401 by duly enacted or finances,
determi ed the necessity for and ordered the i#provement of said
streets, within the limits defined and herein below set out, by
excavating, raising, grading and filling the same, and Other
incidentals and appurtenances, and by constructing sidewalks with
one of the materials therein named, which material for said side-
walks has since been duly selected by said Board of Commissioners
to be four (41) feet wide and four (4") inches thick made with
shell concrete base containing not less than five ( 5 1 sacks of
cement per cubic yard, topped monolithic with.not less than one -
fourth (4 "�) inches of dry sand and cement topping containing not
less than nine (9) sacks of cement per cubic yard, said portions
of said streets to be improved are as follows:
WHEREAS, the said Board of Commissioners has caused the
Engineer for the Uity 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 owner or owners thereof, the total as-
sessment cost of the improvement t6 be constructed between and un-
der the rails, tracks, double tracks, turn -outs and switches and
two (2) feet on each side thereof of any railway, street railway
or interurban, using, occupying or crossing any of said streets or
parts thereof to be improved, and said Engineer for the Gity has
heretofore filed said estimates and a statement of other matters
relating thereto with said Board of Commissioners, and same have
heretofore been received, adopted and approved by said Board of
Commissioners, and,..
WHEREAS, said Board of Commissioners by duly enacted or
dina nce dated fir, A. D. 1940, did determine
the necessity o levying-ah assessment for all of the cost of con-
structing said improvements to be paid by the abutting property
and- the true owner or owners thereof , and. did order and set a
hearing to be held at 8:00 of clock P. YT., on the 9th day of Decem-
ber, A. D. 1940, in the Uouncil Chamber of the Uity Hall in the
City of Nest University Place, `i'exas,for the real and true owner
or owners of the property abutting upon said streets within the
limits above defined, and for all pers ns, firms, corporations and
estates, their agents and attorneys, owning and claiming any inter-
est in, or otherwise interested in said property, or any of said
matters as to the assessments and amounts to be assessed against
each parcel of abutting property and the real and true owner or
owners thereof and as to the special benefits to accrue to said
abutting property by °virtue of said improvements, if any, or con-
cerning any error, invalidity, irregularity or deficiency in any
proceedings or property could appear and be heard'-in person or by
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counsel and offer evidence in reference to said matters; and said
Board of Commissioners did by said ordinance order and .direct the
City Secretary of.said City to give notice of said hearing to the
real and true owners of the property abutting upon said streets
within the limits defined by publication in some newspaper publish-
ed in the City of 'West University Place, Texas, daid notice to be
published in said newspaper at least three times, the first publi-
cation of which to be at least Shen days prior to the date of said
hearing, all as provided for in accordance with Chapter 106 of the
Acts of the First Called 6ession 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 `ity of
?llest University Place, Texas; and
.a'I ERE :S, said notice as ordered and directed by said Board
of Commissioners and as required by said Acts and Ordinances of
said City as above identified, has been duly given by publication
of same in the 6outh�.aestern News, a newspaper published in the City
of I5lest University Place, Texas, on
and , 1940, said notice so publish-
ed having included therein a list of all of the streets to be im-
proved as set out in said engineer for the Gityts written report;
and,
'REAS the said Ordinance passed the Board of Commissioners
on i ordering the notice for the hearing
benef' s, stated that there was no railway, street railway, or in-
terurban using, occupying or crossing said streets, or the portion
thereof to be improved; and,
v%jMRE11.S, after due, regular and proper notice thereof, all as
provided by law. and the Ordinance of the 0ity of 71est University
Place, s 'd, hearin of which notice was so given, was opened and
held on ,/� O , at fY.'2
of clock P. , in the Council Chamber at the City hall in the City
of West University Place, Texas, in accordance with said ordinance
and notice at which time an opportunity was given to all of said_
above mentioned persons, firms, corporations and estates, their agents
and attorneys, to be heard and to offer evidence as to all matters,
in accordance with said ordinance and notice, at which time the follow-
ing appeared and offered the following testimony:
WEEREAS, no further parties appearing before the Board of
Commissioners on said date to offer testimony concerning the im-
provement of said streets and the benefits to accrue therefrom,
or any other matters concerning the proceedings, upon motion du Y
made and seconded s hearing was Continued until the
day of Qe� A. D. 1940; and,
?WHEREAS, no further persons appearing and no further testimony
132
being offered concerning the improvement of. said streets and the
benefits to accrue therefrom, or any other matters concerning
the proceedings, upon the motion duly ma ;e and seconded, aid
hearing was continued until the day of
A. D. 1940; and,
WHEREAS, no further parties appearing and no further testimony
being offered on said date, upon motion duly made and seconded., said
hearing was ordered closed, and the City Attorney was requested to
prepare the necessary ordinance closing said hearing; and,
171IEREA8, no further parties appearing and no further testimony
being offered as to the special benefits in relation to the enhanced
value of the abutting property as compared to the cost of improving
said portions of said streets, or as t o any errors, inv�tlidities.
or irregularities in the proceedings or contract heretofore had in
reference to the improvem nt of said streets; and,
WHEREAS, at none of said hearings was any objections or
protest raised as to said improvements, the assessments or contract
therefor, or as to any of the proceedings in reference thereto had
by the Board of Commissioners of any claim that said improvements
did not create and constitute a special benefit to the properties
abutting upon said streets, within the limits defined, in excess
of the cost of said improvements to be paid by the respective abut-
ting properties and the true owners thereof, and against any rail-
way, street railway and interurban using, occupying or crossing
said streets or any portions thereof to be improved, and the real
and true owners thereof; and ,-
WHEREAS, said Board of Commissioners did consider and
correct all errors, invalidities, or deficiencies called to its
attention and did find that all proceedings and contracts were
proper and in accordance with the law and Ordinances of said City
and proceedings of said Board of Commissioners theretofore had
with reference to such improvements and in all respects valid and
regular and that the assessments hereinbelow made and charges
hereby declared against said abutting property and the true owner
or owners thereof are just and equitable and as producing sub-
stantial equality considering the benefits received and the burdens
imposed thereby; and,
WHEREAS, the fact that the above mentioned streets between the
intersections mentioned is in bad condition and the same should be
improved immediately, and that same is now being delayed panding
taking effect of this ordinance, creates a public emergency requiring
that this ordinance be passed finally and take effect on the date of
its introduction as an emergency measure; now,therefore,
BE IT ORDAINED BY THE BOARD OF COMILISSIONEERS OF THE CITY OF
WEST UNIVERSITY PLACE:
ShEdtion 1: That there being no further testimony or protests
for or against said improvements, said hearing granted to the true
I
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owners of the property abutting upon the streets, within the
limits above defined, be, and the same is hereby closed,
and all protests and objections whether specifically mentioned
or not, shall be, and the same are hereby overruled and denied.
Section 2: That said Board of Commissioners hereby finds
and determined upon the evidence heard in reference to.each and
etery parcel of property abutting upon said streets, within the
limits defined, that the special benefits and the enhanced value
to accrue to said property and the true owner or owners thereof
by virtue of the construction of said improvements in said por-
tions of said streets will be greatly in exces's of the amount of
the cost of said improvements, and proposed to be assessed against
said properties, and finds that the levying of the cost of said
improvements is in accordance with the law of the State of Texas
and the ®rdinanaes of the City of West University Place, Texas,
and that all proceedings and contracts heretofore had with refer -
dnce to said improvements are in all respects regular, proper and
valid.
Section 3: That in pursuance of said ordinance, duly enacted
by said Board of Commissioners, authorizing and. ordering the irr�-
provement of said above described streets, within the limits here -
inabove named and defined, and in pursuance of said proceedings
heretofore had and enacted by said Board of Commissioners in re-
ference to said improvements and by virtue of the powers vested
in said City with respect to said street improvements by the laws
of the State of Texas and the Ordinances of said City, with parti-
cular reference to 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 Vernonts Annotated Civil Statutes of
Texas, and as adopted by the City of West-University Place, Texas,
there is and shall be hereby levied and assessed against the re-
spective parcels of property hereinbelow mentioned abutting upon
said streets and against the real and true owners thereof, and
against any railway, street railway and interurban, using= occupy-
ing or crossing said streets or portions thereof to be improved,
and the real and true owner or owners thereof, whether such true
owner or owners be named or correctly named herein or not, the sum
of money hereinbelow mentioned and itemized opposite the description
of the respective parcels of said property, the descriptions of such
property, the number of front feet of each, and the several amounts
assessed against same and the real and true owner or owners thereof,
the names of said owners all as corrected and adjusted by said
Board of Commissioners, being as prepared by the'.-Engineer for the
City, and attached hereto and made a part hereof as fully and to the
same extent as though herein written.
Section 4: BE IT FURTHER ORDAINED: That in the event the
actual frontage of any property herein assessed shall be found
upon the completion of said improvements to be greater or less than
the number of feet hereinabove stated, the assessments herein made
against said property and against its true owner or owners thereof
shall be, and the same is hereby declared to be increased'or decreased,
as the case may be, in the proportion which said excess or deficiency
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of frontage shall bear to the whole number of front feet of
property,actually improved in accordance with the front foot
rule of assessment herein adopted, it being the intention that
each parcel of property, and the real and true owner or owners
thereof, abutting on said streets shall pay for said improvements
under the "Front Foot Rule or Plan". and it is FURTHER ORDAIMD
that: upon final completion and acceptance of said improvements
all certificates hereinafter provided for, issued`to evidence
said assessments against said parcels of property abutting upon
said streets and the true owner or owners thereof shall be issued
in accordance with, and shall evidence the actual frontage of
said property and the actual cost of said improvements, the amount
named in said certificates in no case to exceed the amount herein
assessed against such property unless such increase be caused by
an excess of frontage of the amount hereinabove states, such
actual cost and such actual number of front feet to be determined
by the Engineer for the City upon the completion_ of said work, and
the finding of said Engineer for the City shall be final and bind-
ing upon all parties concerned.
Section 5: That the several sums mentioned above in Section 3
hereof assessed against said zmrcels of property and the real and
true owner or owners thereof,-whether named or correctly named here-
in or not, subject to the provisions bf Section 4 hereof, together
with interest thereon at the rate.of seven {7) -per cent per annum
and with reasonable attorneyts fee and all costs and expense of
collection, if incurred, are hereby declared to be and made a lien
upon the respective parcels of property against which same are
assessed from and after the date said improve -s were rdered
by said Board of Commissioners, to -wit: Q/{�!l/Il �/ 11940,
and a personal liability and charge against-the real and true•
owner or owners thereof, whether or not such owners be named or
correctly named herein and said lien shall be and constitute a first
and prior enf orcible claim against the property assessed, and shall
be a first and paramount lien superior to all other liens, claims,
or titles, except for lawful ad valorem taxes; and that the sums so
assessed shall be payable as follows, to -wit: In five equal in-
stallments, the first of. which will be, payable on or before thirty
(30) days after the completion and acceptance of said improvements
by said Board of Uommissioners, the four remaining installments to
be due and payable respectively, three, six, nine and twelve months
from and after said date of completion, and acceptance of said
improvements by said Board of Commissioners, deferred payments to
bear interest from said date at the rate of seven (71.) per cent per
annum, past due installments of principal to bear interest at the
same rate per annum until paid, providing however, that apy owner
of such property shall have the right to pay of.f the entire amount
of the assessment, or any installment thereof, before maturity by
payment of principal and accrued interest to date of said payment;
and provided further that if default shall be made in the payment of
any installment of principal or interest when due, then the entire
amount of said asse-asement upon which such default is made, shall,
at the option of said City of West University Place, or its
assigns, be and become, immediately due and payable and shall be
collectible, together with reasonable attorneyrs fees and all costs
135.
and expenses of collection, if incurred.
Section b: That the City of yvest University Place, shall not
in any manner be liable for the payment of any sums hereby assessed
against any property and the true owner or owners. thereof, but shall
look solely to said property and the true owner or owners thereof,
for payment of the sums assessed against said respective parcels of
property, but said City shall be obligated to furnish VALID assess-
ments and assessment certificates and shall exercise all of its
lawful powers and aid in the enforcement and collection of said lien
and assessments; and if default shall be made in the payment of any
of said sums herein assessed against the said parcels of property
and the tttle owner or owners thereof, collection thereof shall be
enforced at option of said City of West Unive sity Place, or its
assigns, either by suit in any court having jurisdiction or, by
sale of the property assessed as nearly as possible in the manner
as may be provided by law and Ordinances in force in said City for
the sale of property for the collection of ad valorem taxes. .
Section 7: That for the purpose of evidencing the several sums
assessed against the said parcels of property, the true owner:or
owners thereof, assignable certificates shall be issued by the City
of West University Place, Texas, upon the completion and acceptance
of the work, which certificates shall be executed by the Ylayor in
the name of the City, attested by the City Secretary, with the
Corporate Seal, and shall2be payable to said City of West University
Place, or its assigns, and shall declare the said amounts and the
time and term of payment and the rate of interest and date of com-
pletion and acceptance of the improvements for which the certificate
is issued, and shall contain the name of the true owner or owners as
accurately as possible, and the description of the property by lot
and block number, or front foot thereof, or such other description
thereof as so owned shall be sufficient, or if the name of the owner
be unknown, then to so state the fact shall be sufficient, and no
error or mistake, in describing any property, or in giving the name
of any owner, shall in anywise invalidate or impair the assessment
levied thereby or the certificate issued in evidence thereof.
That the said certificates shall further provide substantially
that if default shall be made in the payment of any installment of
principal or interest when due, then at the option of said City of
West Univesity i'lace, or its assigns, or the holder thereof, the
whole of said assessment evidenced thereby shall at once become due
and payable and shall be collectible with reasonable attorney? s fees
and all expenses and costs of collection, if incurred, and said
certificates shall set forth and evidence the personal liability of the
true owner or owners of such property whether named or correctly named
therein or not, and the lien upon such property, and that said lien
is first and paramount thereof, superior to all other liens, title and
charges except for lawful ad valorem taxes, from and after the said
date imprav ments were ordered by said Board of Commissioners, to -wit:
,Q. / f.- o, and shall provide in
effect that if default shall be made in the payment thereof, the same
may be enforced at the option of said City of West University Place,
or its assigns, either by the sale of the property therein described
in the manner provided for the collection of ad valorem taxes as
above recited, or by suit in any court having jurisdiction.
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That said certificates shall further recite in effect that all
the proceedings with reference to making said improvements having been
regularly had in compliance with the law and Ordinances in force in
said City and the proceedings of the Board of Uommissioners of said
City, and that all prerequisites to the fixing of the assessment lien
against the property therein described and the personal liability of its
true owner or owners thereof evidenced by such certificates have been
regularly done and performed, which recitals shall be evidence of the
matters and facts so recited and no further proof thereof shall be re-
quired in any Court.
That said certificates may have coupons attached thereto, in evi-
dence of each or any of the several installments thereof, which may be
signed by or with the facsimile signatures of the Mayor and the City
Secretary.
That said certificates shall further provide in effect that the City
of West University Place, Texas shall exercise all of its lawful
powers, when requested so to do by the holder of said certificates and
may contain other and further recitals pertinent and appropriate there-
to. It shall not be necessary that said certificates shall be in the
exact form as above set forth, but the substance and effect thereof shall
suffice.
Section 8: That all such assessments levied area personal liability
and charge against the real and true owner or owners of the property
described notwithstanding such ovmer or owners may not be named
correctly and any irregularity in the name of the property owner, or the
description of any property or the amount of any assessment, or in any
other matter or th"ings.shall not in anywise invalidate or impair any
assessment levied hereby or ahy_ certificate issued in evidence there-
of, may be corrected at any tine by the Board of Coirmi.ssioners of the
City of Nest University Place, Texas. Further, that the omission of
the improvement in front of any particular parcel of property abutting
upon said streets exempt from the lien of said assessments shall in no
wise affect or impair the validity of the assessments against the other
parcels of property abutting upon said streets.
That the total amounts against the respective parcels of property
abutting upon said streets, and the true owner or 'owners thereof, are the
same as, or less than, the estimates of said assessments prepared by the.
Engineer for the City and approved and adopted by said Board of Com-
missioners relating to said improvement and assessments therefor and with
the terms, powers and provisions of Charpter 106.of the Acts of the First
Called SCPssion of the 40th Legislature of the State of Texas, ,known as
Article 1105 -b, of Vernonts Annotated Civil Statutes of Texas,
adbpted by the City of West University Place, Texas, under which terms,
pourers and provisions said proceedings and said improvements were
made by said Board of Co#missioners.
:Section 9: The fact that the above streets between the inter-
sections mentioned and in bad condition and the same should be im-
proved immediately, creates a public emergency requiring that this
i
ordinance shall take effect and be in force immediately from
and after the date of its passage.
PASSED AND APPROVED this the day of
A. D. 1940. %? Cam--
Mayor'
ATTEST:,
ity ecretary
El
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