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HomeMy WebLinkAboutO-1949-390 -- """" ..~...---. ct ,~ ,- - ~, . . e THE STATE OF TEXAS D COUNTY OF HARRIS ~ CITY OF LA PORTE ~ .3 'It) ORDINANCE NO. AN ORDINANCE AUTHORIZING ASSESSMENTS AGAINST ALL LOTS, TRACTS, OR OTHER PARCELS OF LAND FRONTING ON STATE HIGHWAY NO. 225 BETWEEN' FOURTH STREET AND TENTH STREET AND ON STATE HIGffil.AY NO. 146 BETI~EEN MAIN STREET AND SOUTH "'E" STREET, CITY OF LA PORTE, TEXAS; SUCH ASSESSMENTS BEING FOR THE COST OF MATERIAL AND IABOR TO BE EXPENDED BY THE CITY IN THE CONSTRUCTION OF CONTINUOUS CURB AND GUTTER BETbVEEN SAID STREETS AND IN COOPERATION WITH THE TEXAS HIGHWAY DEPARTMENT IN THE 'bTIDENING OF PAVEr.1ENT BET\fE'l!2IT SAID STREETS; PRESCRIBING A VAXIMUM ASSESSMENT OF $4.65 PER FRONT FOOT AGAINS'Z' THE RESPECTIVE PROPERTY au.NERS; AND, FURTHER, PROVIDING THE MEI'HOD OF PAYM1!:NT OF SAID ASSESSMENTS AND AUTHORIZING SAID CITY TO ACCEPT THE NCYrE AND VOLUNTARY LIEN OF THE RESPECTIVE PROPERTY O1m-ERS 'JjITHn~ THE AREA DEFINlID IN EVIDENCE AND S3CURITY OF THE COST THUS EXPENDED. 'fJHEREAS, a necessity exists for the widening of pavement rlithin the City of La Porte, Texas, and on the streets hereinafter described; and, WHJmAS, the City Council of the City of La Porte, Texas, has, by reso- lution passed on the 2nd day of August, 1949, agreed with the Texas Highway De- partment to pay the cost for the construction of continuous curb and gutter in ;tA..o connection 'With such pavement widening and -is more particularly set forth in said resolution, NON, THEREFORE: BE IT ORDAThTED BY THE CITY COMMISSION OF THE CI'l'Y OF LA PORTE: SECTION ONE: That assessments be, and the same are, hereby authorized against all lots, tracts or other parcels of land fronting on State Highway No. 225 between Fourt~ Street and Tenth Street and on State Highway No. 146 between Main Street and South "E" Street, City of La Porte, Texas, for the purpose of defraying the cost of material and labor to be incun-ed in the construction of continuous curb and gutter within the described area and in cooperation with the Texas Highway Department in the widening of pavement within said area; that such assessment shall not exceed $4.65 for each and every foot of property fronting upon said State Highways and lying between the designated ,streets; SECTION TIlO: That the City of La Porte, Texas, have, as prescribed by law, a valid and subsisting lien against such property for the cost expended and that notice thereof be given to each of the respective property owners as required by law. ...' e . ,~ '(If. ,~ , '-' , ' ~' 'JJ \, II' ~:;/ J ,. , J~ \~ 1- C\'d \-. ~ .\ ~ !:" ,- \" .~ ~ ~ ,e -. . . e SECTION THREE: The City of La Porte, Texas, is hereby expressly authorized to _ enforce and foreclose in any court having jurisdiction over the same the lien '-- above au.thorized in favor thereof, for the amount of the assessment against such property" not only as against any resident of this State or person whose residence is unkno~ but also as against non-residents of this State. SECTION FOUR: That assessments be" and the same are, hereby authorized against all of the above described property abutting said proposed improvements for reasonable attorney's fees and all costs incurred in the collection of the as- sessments; SECTION FIVE: No assessments herein authorized shall be made against any pro- ,..-...-..... .- perty or its owne!.", in excess of the special benefits thereto in the enhanced value thereof from said improvements and no assessment shall be made against any property exempt from execution, but the owner shall be personally liable and assessed therefor. SECTION SIX: All assessments herein authorized shall constitute a prior lien upon the property to all others except ad valorem taxes, and shall take effect as of the date of this Ordinance; SECTION SEVEN: The City Clerk is hereby authorized and directed and shall give J notice of this Ordinance by publishing the caption thereof three times in the local newspaper, which notice shall briefly describe the land hereby assessed ~. and set the date for public hearing on such assessments; such public hearing to be fixed for the first regular City Council Meeting next after the expira- .&.' tion of ten days fr?m the first publication of such notice. SECTION l!:IGHT: The City Clerk is hereby authorized and directed to file with the County Clerk of Harris County, Texas, a notice of the street improvements , hereby ordered and the assessments hereby authorized. SECTION NINE: Th~t the assessments herein authorized may be made payable to the City of La Porte, Texas, in monthly installments" the principal balance due and owing bearing interest at the rate of eight per cent (8%) per annutl and the ~. -.... last installmen.::' maturing in not over fifteen (15) years; provided the various e property owners affected evidence the balance due and owing by an installment -... ~ . . ,. ~ ----. promissory note executed by them in favor of the City and to be secured by a con- ,~ tract lien against' the property against which such assessments are made and to be additionally secured by a Deed of Trust in favor of J. E. Muldoon, Trustee, against such property; such note being assignable or transferrable and the City is hereby authorized to sell, transfer, assign and pledge to any lending institution or pri- '\Tate individual upon a resolution duly passed by the City Commission any or all .'Jf such notes without notice or without advertisements of such transaction. SECTION,TEH: That the signature of the Mayor, attested by the City Clerk under 'lihe official seal of the City shall be sufficient to bind the City upon any t~ontract or instrument of writing necessary to evidence the agreement between the .,'-'-.. Gity and property O1'.ner or owners as to the contemplated improvements and the . financing thereof. SECTION ELl!:VEN: If any section or any part of this Ordinance shall be held to be <:ontrary to the Laws of the State of Texas, then and in such event, such laws shall c:ontrol anci should BIU section or any part of this Ordinance be held invB~id, such j~validity shall not affect the remaining portions thereof; it being the express i.ntention of the City CO!:lIllission to enact such Ordinance without respect to such c:ontrary section or sections or to such section or sections held to be invalid. rJ PASSED this I D -day' of November, 1949, by a vote of 3 AYES and ~ NOES. APPROVED by the Mayor and attested by the City Clerk on said c,ate. "--" -" ATTEST: '/JV~ /1' /./' ~ ') ~'-'". '.' . .. ' .,;; Pf':l:effer, lilayor, i" ;; CiW.i'of La Porte. ~/ / / 6 7((" .r. .. , , V {'J. :, " , ... ," .' ~ It.' . . ...... ' . . I ,. ,4,. 6'\ F ,~ J- .- ~. '.