HomeMy WebLinkAboutOrd 217 - street improvement cost to property owners
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ORDINANCE NO. 217
AN ORDINANCE APPROVING AND ADOPTING THE ENGINEER
FOR THE CITY'S WRITTEN STATEMENT AND REPORT OF
THE ESTIMATES OF THE COST PER FRONT .FOOT PROPOSED
TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE
TRUE OWliJERS THEREOF FOR THE n~PROVEME:NT OF CERTAIN '
STREETS HI THECONSTHITCTION OF SIDEWALKS ON SAID
STREETS, -IN FRONT qF, OR ADJACENT TO, ALL ABUTTING
PROPERTY ON EACH SIDE OF EACH STREET WHERE mERE IS
NO SIDEVvALK WITHIN THE FOLLOWING AREA:
BEGlNEmNG at a point in the north line of Bellaire
Boulevar~lat the intersectlon of the west line of
City of South Side Place;
THENCE 'westwardly with the north line of Bellai:re
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 Hichmond Road to it s in-
tersection with the east boundary line of College
View Third Addition for corner;
THENCE in a southerly direction with the east line
of College View Third, Second and First Additions and
continuing with the Southerlr projection of said line
to the place of BEGINNING, and including
Lots 1 to 31 inclusive, Cambridge Place~
all of Fair Haven Addition, Colonial Terrace Addition,
College View .l!'irst, Second and Third Additions and two
acreage tracts belonging to Mrs. J. W. Cunningham,
IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DETER-
MINING AND FInNG THE SAID COST TO BE PAID BY SAID
ABUTTING PROPERTY .AND THE TRUE OWNER THEREOF; AND
DETERMINING THE NECESSITY OF LEVYING .AN ASSESS}'E NT
, AGAINST SAID ABUTTING PROt>ERTY AND THE REAL AND
TRUE OWNER THEREOF FOR SAID COSTS; ORDERING AND
SETTING A HEARING AT 8 :00 O'CLOCK P. M. , ON THE.
~ -6l. DAY OF .~ ' .ID94llj$ID' THE
CITY COUNCIL CHAMBER, IN THE"C Y OF WEST UNIVERSITY
PlACE, AS A TIME AND PLACE FOR A HEARING OF THE REAL
AND TRUE OWNER OF THE SAID ABUTrING PROPERTY .AND
ALL OTHERS INTERESTED IN SAID PROPERTY AND IN SAID
PROCEEDINGS CONCERNING SAID ASSESSMENT AND PROCEEDINGS
DIRECTING THE CITY SECRETARY OF THE CITY OF WEST UNIVER~
SITY PLACE, TEXAS TO GIVE N0rICEOF .SAID If]i;ARINGAS'
REQUIRED BY THE LAWS OF THE STATE OF TEXAS, AND THE
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ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS AND FURTHER DIRECTING SAID CITY
SECRETARY, IN ADDITION 'ID NmrrCE OF SAID HEARING
AS REQ.UlRED BY LAW, Wm: CH SHALL BE VALID AND SUF-
FICIENT IN ITSELF TO INCLUDE IN SAID NOTICE A
LIST OF EACH OF THE STREETS WITHIN THE AREA DE-
FINED AS SET OUT IN SAID ENGINEER FOR THE CITY'S
WRITTEN REPORT; SAID NOTI CE SHALL NEVERTHELESS
BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID
ABUTTING PROPERTY, WHETHER NAMED OR NO T, AND
DECLARING AN EMERGENCY.
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WHEREAS, the City 6ommissiont:.of,:.the}iGity of West Unive~-
sity Place, Texas has heretofore on the 23rd day of September,
A. D. 1940, by duly enacted ordinance determining the necessity
for'and ordered the improvement of certain streets by the
construction 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;
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 northeaste~ly 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 College View Third, Second and First Additions and
continuing with the southerly projection of said line to
the place of BEGINNING, and including
Lots 1 to 31 inclusive, Cambridge Place,
all afFair Haven Addition, Colonial 'l'errace Addition
College View First, Second and Third Additions and
two acreage tracts belonging to Mrs. J. W. Cunningham,
in the Gity of West University Place, Texas;
within the limits therein defined, and hereinbelow set out, by
excavating, raising, grading and filling same and by constructing
sidewalks with one of the materials therein named, which material
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for said sidewalk has been duly selected by said City
Commission to be:
Four (4t) feet wide and four (4") inches
thick, made with shell concrete.base containing
not less than five (5) ~acks of cement per cubic
yard, to~ped 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.
and,
WHEREAS, the said City Commission 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 ~e improved and the true owners
thereof, and said Engineer for the City has heretofora filed
said estimate and a state:am:b.tcDf":;other matters relating there-
to with said City Commission and same have been received and
examined by said City Oommission; and
WHEREAS, it is found that there is no railway, street
railway or interurban using, o~cupying or crossing said street
or the portion thereof to be improved; and,
WHEREAS, in accordance with said statements of
esti~tes and other matters prepared and filed 'by said Engineer
for the City, herein approved by said Oity Oommission, 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 construction
of said improvements is $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 fO.60; the estimated total
cost of said improvements tp be paid by said abutting property
and the true owners thereof on each streets is as follows:
and,
WHEREAS, the written statement of said ~ngineer for
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the City oontains the names of the Owners of said abutting
property, the number of front feet owned by each, the descrip-
tion of their property, the amount proposed to be assessed
against each such abutting property and the true owners there-
of, and other matters pertaining to said improvements:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section I. That the written statement and report of
the Engineer for the Oity heretofore filed with the 6ity
Oommission, showing the estimated total cost of the whole
improvement on each of said streets, within the limits
above defined, the estimated 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 estimated oost of
said improvements to be paid by said abutting property and
the true owners thereof, and the names of persons, firms,
oorporations and estates owning or purporting to own property
abutting on2said streets, within the limits above de~ined,
with the number of front feet owned by each and the description
of their property, having been repeived and examined by the
Oity Commission said report is hereby in all things approved
and adopted.
Seotion 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 de-
fined, is as follows:
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the amount per front foot of the oosts to be assessed against
eaoh abutting property and the real and true owners thereof for
the construction of said improvements is fO.60 per lineal foot;
the total amount per front foot of the costs to be assessed
against the abutting property and the real and true owners ther-
of for said iniprovemen.1ts is $0.60 per lineal foot; the total cost
of said improvements'~to be paid by said gbUtting property and the
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.true owners thereof on eaoh street is as follows:
Section 3: That all of the costs of said improvements
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
m~nner provided by the acts of the 40th Legfslature of the State
of Texas, Ji'irst Called Session, Chapter 106, and known and
shown as Article 110;-b, of Vernon's Annotated Civil Statutes
of Texas, and as adopted by the vity of West. University ~laoe,
~exas; and that the total costs of said improvements shall be
paid and defrayed by the property abutting on each of said
streets, within the limits above defined~ and the real and
true avners thereof shall pay the total cost of construction,
re-construction, repairing 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 im-
provements 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
propertyG~f the real and true ~vnersthereof in excess of
the benefits to said property in the enhanced value thereof
by reason of said improvements and that said cost whi9h may
be assessed against suQh property and its real and true
owners shall be in acoordance, wi ththe "1!oront .I:!'oot Rule or
.Plan" in proportion as the frontage of such property is to
the frontage to be improved; provided that if it shall
appear at the hearing on Special Benefits, hereinafter
provided for, that the application of such rtule or Plan will
result in inequality or injustice, then such rule of apportion-
ment shall be applied as will in the opinion of the Uity
uommission, produce substantial justice and wquality be-
tween respective parcels of property and the true owners there-
of, conSidering the special benefits in enhanced value ~be
received and burdens imposed, all in accordance with and as
provided for in said Acts of the 40th Legislature of the ~tate
of ~exas, First valled Session, Uhapter 106, as hereinabove
identified.
'l'ha t the amount s payable by the real and true' owners of
said abutting property' shall be paid and become payable in five
(.5) equal installments, one i.n thirty- (30) days after the
completion of said improvements and the acceptance thereof by
the City of West University Place, Texas, and another in- i
stallment in a like amount in three (3), six (6), nine (9.) I :
and twelve (12t months from and after the date of said acceptance,~~;
together with interest thereon from said date of acceptance at
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the rate of seven (7"/0) 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 princi-
pal and aoorued interest to date of said payment.
Section 4: That a hearing be given to the real and
true owne rs and all owning or olaiming any interest in any
property abutting upon said portions of said streets, within the
limits above defined, and to all others owning, claiming or in-
terested in said property or any of said matters as to the
assessment an(i,to the amount to be assessed against each parcel
of property and the real and true owners thereof, and as to the
benefi ts to said property to be rece1 ved from said improvements,
if any, or concerning any error, invalidity, irregularity or
deficiency in any proceeding or contract with reference thereof,
or concerning any matter or thing oonnected therewith, which
hearing shall be heldhy the City Commissibnof said City in the
Council Chamber at the City Hall i'n the City of West University
Place, Texas, at 8: 00 0' clock P. M., on the . 5th day of
May , ",", ,A. D. 1941, at which time all persons, f'irms,
corporations or estates, owning or claiming any such abutting
property, or t;iny .interest therein and their agents or attorneys,
or persons intere$ted in said proceedings are notified to appear
and to be heard in person or by counsel and may offer evidence;
and said hearing sha1l be adjourned from day tOd.ay and from
time to time and kept open until all protests have been duly
heard; and the City Secretary of the Oi ty of West University Place,
Texas, is hereby ordered and,directed to give notice of said
hearing by publication hereof in some mewspaper of general cir-
oulation in the City of West 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 suoh notice by publication shall be
valid and . sufficient without any further form of noti ce, all as
provided for and in accordance with the terms and provisions of
Chappe~rl06, of the Acts' of the First Called Session, of the 40th
LegiSlature of the State of Texas, known and shown as Article
Il05-b, of Vernonts Annotated Civil Statutes of Texas, and as
adoI>ted by the City of West University Place, Texas. The names
of persons, firms, oorporations and e states 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 statement of
the engineer for the City here im bove referred to ,shall merely
be oumulative 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 West University Place, Texas, and shall not in any
manner be conclusive as to the real and true owners of said abutt-
ing property, but said notice shall nevertheless be directed to
the real and true awners 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.
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Section 5: That follOWing such hearing as above provided,
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assessmen ts will be levied agains t said a butting 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 ~e 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
as~essments, if the Dame of any owner be unknown~ it shall be
sufficient to so state the fact, and if said abutting property
be owned by an estate of 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 mis-
take in attempting to name any such owner or in describing any
of said property shall invalidate any ~ssessment or certificate
issued in evidence thereof, but,never~heless the real and true
~ner of said abutting property shall be valid whether or not
...aU ch owne r be c orr e c tl y 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 improvement s be proceeded with as
soon as possible,and the, same are now being delayed pend.ing the
taking effect of this ordinance, create~ a public emergency re-
quiring that this ordinance shall take effect and be in force
immediately from and after the date of its passage and approval.
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PASSED AND .APPROVED this the
A. D. 1941.
7th
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Mayor . . '
day of
April
ATTEST:
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tcti ~ty Secretary
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