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HomeMy WebLinkAboutO-1954-458 ",-, .' ~ e" , =-'" ,.-_. -.." .L-b-54:bC . .~ ORDINANCE: NO. 458 AN ORDlNAIDE: CLOSIID THE: HEARII\G GIVE:N TO THE: REAL AND TRUE OWlERS OF PROPERTY ABUTl'Im ON STA'lE HIGHWAY 146 FROM SOUTH ''E'' STREe:T TO SOUTH "G" S'l'REET IN THE: CITY OF LA PORTE, 'lEXAS" AS TO SFECIAL BEIEFrrs TO ACCRUE: TO SAID PROPERTY AND TEE: TRUE OIDERS TIEREOF BY VDtTUE OF TIE IMPROVE-MENTS AND AS TO TIE ACCURACY, SUFFICIEN::Y, REGULARITY AND VALIDITY OF TlE PROCEEDI~S AND CONl'RACTS IN CONNEC- TION WITH SAID IPfi'ROVEl'Im:Nl'S AND ASSESSlvENTS, AND ANY MATmR OR THlm CONNECTED THEREWITH; OVERRULII\G AND DENYINJ. ALL PROTESTS AND OBJECTIOlIS OFFERED; FINDIRl AND DETERMINING SHI;IAL BElEFITS TO EACH PARCE:L OF PROPERTY All) TIE OWN&RS THE'.RE.OF IN F.XCESS OF TIE AMJUNl' OF THF; RESPECTIVE ASSESSMENTS AGAI1'~T SAME:; FINDIID TIE REGULARITY OF ALL PROCEF..DlmS, AND THE PERFORMANCE OF ALL ~QUI- SITES TO FIXIID THe ASSESSlE,NT LlElS, AND TIE PERSONAL LIABn.ITY OF PROPERTY OWlERS; IEVYIKZ ASSESSiMENl'S, From A CHARGE AND LIF:N AGAINST SAID PROP.ElRTJES SO ABUTTIID SAID HIGHWAY AND THE TRUE OWNERS THEREOF FOR THE; PADENI' OF PART OF ~ COST OF THE: IMPROVEMENTS WITHIN THE' LIMITS DESCRIBED, PROVIDDG FOR THE; IS- SUA~ OF ASSESSJl.ENT CERTIFICA'lES AND TIE MANNER OF THEm COLLECTION. WHE'REAS, the City Commission of the City or La Porte, Texas, has heretofore on November 6, 1953, by duly enacted ordinance determined the necessity ror am ordered the permanent improvement or State Highway 146 rrom South ''E'' Street to South '~II Street, in the City of La Porte, Texas, in accordance with plans and specirications submitted by the Highway Department ot the State or Tems and which provided in principal substance tor the construction or curb and gutter, storm sewers and pavement widening trom curb to' curb; and WHEREAS, a contract had been entered into between the City or La Porte, Texas and the Texas Highway Department in accordance with plans and specitica- tions submitted by said Texas Highway Commis sion; and WHEREAS, the Texas HighwaY Department, atter having advertised tor and re- ceived bids on the construction or said improvements tor the length ot time and in the manner and rorm as required by the Charter or said City and the laws or . the State or Texas, did award a contract for the construction of said improve- '" ~, . ments to on its lowest responsible bid, and said contract has been heretofore duly executed by Contractor, and the Texas Highway De- Gulf Bithulithic Comp~. partment; and WHERE'AS, the eft,. Commission has caus"ed the E'ngineers to prepare and rUe estimates or the cost or such improvements and estimates or the amounts per front root proposed to be assessed against the property abutting said highway to be improved, and the true owners thereor, and said Engineers having hereto- rore filed said estimates and a statement of other matters relating thereto with said City Commission, and same having been received, examined am approved by said City Commission; am WHl!'.REAS, by ordinance duly and regularly passed on December 4, 1953, said City Commission of the City of La Porte, Texas, ordered that a hearing be given .......--.... /'.. , ~.' "" .,,~- -...~. . .....--... e e '. Page Two to the real and true owners of property abutting upon said State Highway 146 within the limits specified am unto all persons owning or claiming any such abutting property or interest therein, and to all others owning, claiming, or interested in said property or any of said matters as to the assessment and as to the amounts proposed to be assessed against each parcel of such abutting property, and the real and true owners thereof, and as to the special benetits to said abutting property and the owners thereof by means of said improvements for which aSsessments are to be levied, am as to the accuracy, sufticiency, regu- larity and val1d,ity of the proceedings and contracts in connection with said improvements am proposed assessments, and. concerning' any matter or thing connec- ted therewith; said hearing to be held on the secorXl floor of the old City Hall, City of La Porte, Texas, at 10:00 a.m. on the .30th day of December, 195.3, at which time all persons, firms, corporations, or estates owning or claiming any such abutting property and their agents or attorneys, or persons interested in said proceedings ll:ight appear in person or by counsel and offer evidence; am WHF.RE:AS, said ordinance further ordered and directed the City Clerk ot the City ot Ia Porte, Texas, to give notice of said. hearing by publications, as pro- vided tor and in accordance with, the terms and provisions as provided by Acts ot 1927, 40th Legislature ot the State ot Texas, First Called Session, Page 489, Chapter 106, as amemed, commonly known as Article l105-b, Revised Civil Statues of Texas, and as adopted by aId as Section 8 of the Charter of the City of La Porte, Texas; aId WHERE:A.S, said notice as ordered and directed by said City Commission and as required by said law as so adopted by and as a part of the City Charter, as afore- said, has been duly given by advertisement by publication of same in The La Porte Liberal, a newspaper published in said City ot La Porte, Texas, OD December 11, 1953 December 18. 195.3 am December 2-'., 19'53 ; said notice so published having described the l18.ture of the improvements tor which assessllSnts were proposed to be levied and: to which said notice related, having stated the highway or portion thereof to be improved, the estimated amounts per tront foot proposed to be assessed against the owners of abutting property, am such property on said portion ot said highway with reference to which the hearing mntioned in said notice Was to be held, am having state? the estimated total cost of the improvements on said portion ot ._. said highway and having stated the time and place at which said hearing should be held, aId said notice having in all respects fully met aId complied with all provi- .....---...... ,e ""'~.'. - .' ,....---......, fit, -..:::!- --- ...., ~- e. . Page Three sions of' law requisite or pertinent thereto; atd WHERE'AS, after due, regular and proper notice thereof', all as provided by law and the Charter of' the City of La Porte, said hearing of which notice was so given was opened at 10:00 a.m. on December')(), 1953, on the secotd tloor of the old City Hall of' the City-of La Porte, Texas, pursuant to the notice herein- above referred to, at which time no persons, other than the members of the City Commission appeared. The City Attorney outlined brie.f'1y the nature and scope of the proposed work as set forth in the specif'ications therefor which had been approved, aai stated also the proposed rates per front foot of assessments as set forth in the ordinance calling this hearing and in the published notice which was given of this hearing. WHElIE:AS, at said hearing all parties desiring or in any manner wishing to be heard concerning any of the matters mentioned in said ordinance ordering and fix- ing the date of' said hearing am in said notice, and as to any other matters con- nected with said proposed improvements, contracts aId assessments and the amounts thereof were heard, and all matters as to the accuracy, sufficiency, regularity and validity and all matters of error, equality and other things and matters con- nected with said improvements, contracts and assessments having been heard, consi- dered and. corrected; and said City Commission having heard evidence as to the special benefits of' and to said abutting property and each parcel thereof' and to the respective owners thereof' in the enhanced value of said property by means of' such improvements, and said City Commission having heard and considered the evi- dence in the premises and having given a full and fair hearing to all parties appearing or desiring to appear, and having determined at such hearing said spe- cial benef'its as aforesaid, am having determined that there is not to be assessed against such abutting property and the owners thereof' more than all the costs of constructing, reconstructing, repairing and realigning curbs and gutters am nine- tenths of' the remaining cost of' such improvements as shown on the estimate of' the Engineers; aId :having determined that the Front Foot Plan or Rule is just aId equitable, the equities of' such owners and the adjustment of' such apportionment of' costs among :a11 propert:1.es and the owners thereof so as to produce a substan- tial equality Qf' be~f'its received am burdens imposed; and the City Commission hav- ing determined at said hearing that the assessments hereinbelow made aM the r -.., e "--... e ~" '. ~...-. 'e' . . ~age Four charges hereby declared agai,nst sa:id property owners and their property are in all things just and equitable am that in each instance the assessment made against any parcel of property and its owner is less than the special benefits to sa:id property and said owner in the enhanced value thereof by means of sa:id improvements, and that all objections and protests should be overruled and de- nied; and WllEm:AS, all proceedirigs with reference to making the improvements above mentioned have been ~gularly had, in compliance with the law, am all pre-re- quisites to the tixing of the assessment lien against the properties hereina.tl;er listed and the personal liability of the respective owners thereof have been per- formed, and upon completion of said impz:ovements and acceptance thereot by the City ot La Porte, assignable certificates should be issued in evidence ot sa:id assessments and liens and the liability of the true owner or owners of sa:id pro- perties, whether correctly named or not, all as provided by law; NOW, THEREFORE, BE IT ORDAllED BY TIE CITY COMMISSION OF THIll: CI'l'Y OF LA PORm, mns: Section 1: that there being no further testimony or evidence or protest for or against such improvements at said hearing granted to the true owners o.f pro- perties abutting upon State Highway 146 within the limits above defined and to all persons owning or claiming sane or any interest therein and to all others owning, claiming or interested in said property or in any of the matters herein- above mentioned, said hearing should 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 aai denied. Section 2: '!'hat the City Conmdssion finds and declares that all proceedings with reference to the making of improvements on State Highway 146 as herein stated, have been duly am regularl;r had ~ compliance with the law and the Charter of the City ot La Porte, ,that all pre-requisites to, the making of said contract tor such work and improvement and all pre-requisites to the fixing of the assessment lien against the properties hereinafter listed and the personal liability of the respective owners thereof, whether named or not, have been in all things perforllBd and com- plied with; and said City Commission further finds and declares that all persons in- terested have been given a tull and tair hearing; that there is not to be assessed against such abutting property aai the owners thereot more than all the costs ot , .-.......... " "\ e '..;- .,._.... '. ,,.--... '\ - ,-'--', . . , Page Five constructing, reconstructing, repairing and realigning curbs am gutters am. ni.ne~tenths of the remaining costs of such improvements as shown on the esti- mate of the Engineers; that adjustment am apportionment ot, costs among all properties and the owners thereot have been made in full compliance with the law so as to produce a substantial equality of benetits received am burdens imposed am that the specialbenetits to each parcel ot property am the owner thereot in the enhanced value thereof by means of said improvements is in each instance in excess of the amount of the assessment made against said parcel ot property and its owner, and that the assessments, liens and charges declared against said properties and their owners are in all things just and equitable. Section 3: That in pursuance of the ordinances and resolutions heretofore adopted and passed by the City Commission of the City of La Porte relating to the improvement of said State Highway 146 am in pursuance of the above men- tioned contract of the estimates, re- ports, lists and statements of the Engineers, and the notice and hearing afore- said, am by v:lrtue of the powers conferred am contained in said Acts ot 1927, 40th Legislature of the state ot Texas, First Called Session, Page 489, Chapter 106, as amended, being known and shown as Article llOS-b, Revised Civil Statues ot Texas, and as adppted by and as Section 8 ot the Charter of the City of La Porte, Texas, there shall be and there is hereby levied and assessed against the properties abutting on said portion of said highway heretofore ordered t. proved, and against the real and true owners thereof, respectively, the following amounts, the description ot said properties am the apparent owners thereot, respectively, and the several amounts so assessed being: . . Page Five A. ~~--... ,~ - CURB, CURB, GUTTER &: GUTTER &: STORM SEWER PROPERTY LOT BLOCK PROPERTY STORM COST, $5.85 TOTAL OWNER NOS. NO. FRONTAGE SEWER PER LIN.FT. COST c;:,"<>..., D. H. GO]!:TZMAN 11 to 32 132 400' 400' t2,340.oo' I ~ WILEY w. ~i: ADELIA S!4:[TH 23. 24, s. t of 25 133 ~, ~, 365.63 RICHARD &: HELEN AlUHUR 20, 21, 22 133 75' 75' 438 -15 . G. ~G DELL BAKER 17, 18, 19 133 75' 15' 438.75 }t'~K G! &: DELL BAKER '''--'' :-, ,'-..;;:;.' , , , ,,,~....... ,. ----...... .... ,a "'-' ~ ,-.. ." ._!:=<' , ~'--' , '-, e . . PageS:1x Section 4: That said several amounts, together with interest, expense of collection, and reasonable attorneyst fees, if' incurred, shall be ,am. the same are hereby declared to be a first and prior lien on am against said respective abutting properties, and said amounts so assessed, together with said other items, shall be and same are hereby declared to be personal liabilities and charges a- gainst the true owners of said properties, respectively, whether named or not, all as provided in and by said Article 1l05-b of Revised Civil Statutes of Texas a1Xi as adopted by Section 8 of the Charter of the City of La Porte, Texas, aforesaid; and such assessments shall be collectible with interest, expense of collections and reasonable attorneys' fees, if incurred, am shall be a first and prior lien on the property assessed, superior to all other liens and claims except State, County and City ad valorem taxes, and shall be a personal liability aai charge a- gainst the said owners of the property assessed; that said sums so assessed shall be payable as folloWS, to-wit: Each assessmEllt shall be payable in twenty-four equ~ monthl7 installments J including interest at the rate, of 8% per annum. The I first installment shall become due and payable on or bef'ore thirty dqs after the completion and acceptance by' the CitY' of the improvements, and thereafter a like installment shall becoma due and pqa.ble on or bef'ore the same dq of each of the nex t succeeding twenty'-three calendar months.t, and if default shall be made in the payment of any interest or principal when dueJ the whole of' said assessnent, upon such detault,shall at once become due am pay- able at the option of the holder of the indebtedness or his assigns; provided, said property owner shall have the privUege of paying a,ny ot said :Lnstallments before maturity by payment ot principal and accrued interest. Section: 5 That for the purpose of evidencing sa,id as,sessments, the liens se- curing same and the ,se~ral sums payable by said property owners am the time am terms of payment, am to aid in the enforcement thereof', assignable certificates shall be issued by 'the City of La Porte upon completion and acceptance of' said im- provements, which certificates shall be executed ,by the City of La Porte aId attested by the City Clerk, with the corporate seal affixed, and shall be payable to the City of' La Porte or assigns; said certificate shall declare the said amounts, am '.- the time and terms of paynent thereof', the rate ot interest payable thereon, the description ot the respective properties against which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain the name or '. ,. ---"'.. . ,.-...... - ,,--...~ '. e .. ,~ .I. . Page Seven names of the apparent owners ,thereof. Said certificates shall further set forth am evidence the assessments levied and shall declare the lien upon the respective properties and the liability of the true owner or owners thereof, whether correctly named or not, and shall pro- vide that if default be made in the payment thereof, same shall be enforced by a suit in arry court having jurisdiction. And the said certificates shall further provide that if default be made in the payment of any installment of principal or interest thereon when due, then at the option of said holder of the indebtedness or his assigns, the whole of said assessment shall becoDiB at once due aId payable and shall be collectible with interest, expense of collection and a reasonable attorneyfs fee, if incurred. Said certificates shall further recite that the proceedings with reference to making the improvements therein referred to have been regularly had in compliance with the law and the Charter of the City of La Porte, and that all pre-requisites to the fixing of the assessment lien against the property described and the per- sonal liabUity of the owner or owners thereof have been perforu:ed, which recitals shall be evidence of all th& matters recited in said certificate aw no further proof thereof shall be required. Passed and effective this 71{day of January, A. D., 1954, by a vote of y o aye B am noes. fJ#4.4~1 M. D. Burgin, Mayor City of La Porte, 'l'exas ATTES1': J. E. Muldo n~ City Clerk City of La Porte, Texas