# BRIEF OPPOSSING MOTION TO DISMISS APPEAL — Kirschke v. Houston > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_0036%3A3 ## Record - **Collection:** Supreme Court brief - **Document type:** BRIEF OPPOSSING MOTION TO DISMISS APPEAL - **Published:** January 1, 1960 - **Citation:** 364 U.S. 474 ## Text ew ~~ o T Office Supe Pa | . . “me Coun. US. | . FILE COPY ee | NCT + se \ ‘ : PyAMES R ER SND Clerk . Is Tus Supremé Court of the United States a hee. Ch pomee Terouy Doo / | No. 426 . - ’ id R. tb. Burks City Attorney 300 City Hall Houston, Texas De art thn J on ~ an T. Bov.pin . Senior Assistant City Attorney 300 City Hall Houston, Texas Attorneys for Appellee, Thé City of Houston, Texas. I certify that a copy of the foregoing Brief has been “served upon Patterson, McDaniel and Moore, and Mr. Ben-, nett.B. Patterson, Attorneys for Appellants, by depositing same in the Ufiited States Mail with sufficient postage, duly certified, addressed to Mr. Bennett B. Patterson, 510 Citi- ‘ gens State Bank Building, Houston 2, Texas. Homer T. BouLpin Senior Assistant. City Attorney City of Houston, Texas Attorney for Appeéllee, The City of Houston. i “& 9 APPENDIX “A” 16. To have exclusive dominion, control, and jurisdiction in, over and under the public streets, avenues, alleys, high- -ways and boulevards, and public grounds of su¢h city and to provide for the improvement of any public street, alleys, highways, avenues or boulevards by paving, raising, grad- ing, filling or otherwise improving the same and to charge the cost of making such improvement against the abutting property, by fixing a lien against the same, and a personal charge against the owner thereof aecording to an assess- ' ment specially levied therefor in an amount not to exceed the special benefit any such property received in enhanced value by reason of making such improvement, and to pro- vide for the issuance of assignable certificates coverttithe payments for said cost, provided that the charter al s atid apportion the cost to be paid by the property owner the amount to be paid by the city, and provided further, that all street railways, steam railways, or other railways, shall pay the cost of improving-the said street between the rails and tracks of any such railway companies and for two feet on each side thereof. The city shall have the power to provide for the construction and building of sidewalks and charge the entire cost of constructing of said sidewalks, includ.ag the curb, against the owner of abutting property, and to aake a special charge against the owner for such cost and to provide by special assessment a lien against such property for such cost; to have the power to provide for the improvement of any such sidewalk or the construction of any such curb by penal ordinance and to declare defective sidewalks to be a publie nuisance. The power herein granted for making street improvements and assessing the cost by special assessment in the manner herein stated shall not be construed to prevent any city from adopting any other ~~ u ur 10 method or plan fo€phe improvement of its streets, side- walks, alleys, curbs, or boulevards, as it may deem advis- able by its charter. - 17. To opentextend, straighten, widen any publie street, alley, avenue Or boulevard and for such purpose to acquire the necessary lands and to appropriate the same under the power of ‘eminent domain and to provide that the cost of improving any such street, alley, avenue or boulevard by opening, extending and widening thé same shall be paid by” the owners of property specially benefited whose property lies in the territory of such improvement and to provide that the cost shall be charged by special assessment and that a personal charge shall be mede against any owner for the amount due by him and-to provide for the appointment by the county judge or other officer exercising like or similar powers, of three special commissioners for the purpose of condemning the said lands and for the purpose of apportion- ing the said cost, which apportionment of said cost shall be specially assessed by the governing authorities against the own@rs and the property of the owners lying in the territory so found to be specially benefited in enhanced value by said special commissioners. The city shall pay such portion of such cost as may be determined by the saidbspecial commis: siongrs, provided the same shail never exceed one third the cost, and the property owners and their property shall be liable for the balance of the same as may be apportioned » by said commissioners. The city may issue assignable cer- tifieates for the payment of any such cost against such property owners and may provide for the payment of any cost in deferred payments, to bear interest at such rate as may be prescribed by the charter not to exceed eight pert cent. The city may adopt any other method for the opening, straightening, widening or extending of its streets as herein ‘=. - = - | 11 provided for as may be deemed advisable, and charge the cost of same against the property and the owner specially benefited in enchanced value and lying in the territory of said improvement, that ,its charter may — The authority to adopt any other method shall include the man- ner of appointing commissioners, the manner of giving notice and the manner of fixing assessments or providing for the paf¥ment of any such improvement. : 18. To control, regulate and remove all obstructions or other encroachments or encumbrances on any public street, alley or ground, and to narrow, alter, widen or straighten any such streets, alleys, avenues or Moulevards, and to vacate and abandon.and close any ‘such streets, alleys, avenues or boulevards, and to regulate and control the mov- ing 0 buildings or other structures over and upon the streets or avenues of such city. 7 12 APPENDIX “B” Sec. 4. Street powers. The City of Houston shall have power to lay out, estab- lish, open, alter, widen, lower, extend, grade, narrow, care for, sell, pave, supervise, maintain and improve streets, - alleys, sidewalks, squares, parks, public places and bridges, and to vacate and close th? same; and to regulate the use thereof; and to require the removal from the streets and sidewalks of all obstructions, telegraph, telephone, street railway or other poles carrying electric wires, signs, fruit stands, showeases, and encroachments of every character, ‘i upon said stregts or sidewalks; to vaeate and close private : A ways. (Act of RHO.) ' ~ Sec. 4a. Power of improvement by condemnation. The City gf Houston shall also have power to open, ex- tend, straighten, widen and improve any public street, alley, avenue or boulevard and for such purposes to acquire the necessary lands and to appropriate tlie same under the i power of eminent domain, and to provide that the cost of , improving any such street, alley, avenue or boulevard by opeping, extending and widening the same shall he paid bys the owners of the property specially benefited whose prop- erty lies in the territory of such improvement, and to pro- vide that the cost shall be charged by special assessment, and that a personal charge shall be maWe against any owner for the amount due by him and to provide for the appoint- ment, by the County J udge or other officer exercising like or similar powers, of three spectal commissioners for the pur- pore of condemning the said lands and for the purpose of apportioning the said cost, which apportionment of said coat shall be specially assessed by the governing authorities against the owners and the preperty of the owners lying in é 5 13 ‘ the territory so found to y specially benefited in enhanced value by the said special commissioners. That the eity shall pay such portion of such cost as may be determined by the said special commissioners, provided the same shall never exceed one-third of the cost, and the property owners and their property shall be liable for the balance of the same as may be‘apportioned by said commissioners That the city may issue assignable certificates for the payment of any, such @st against such,property owners, and may provide for tke payments of any such cost in deferred, payments, to hear interest at such rate as may he prescribed by the Char- ter, not to exceed 8 per cent... That the city may adopt any .», other method for the opening, straightening, videning or extending of its streets as herein provided for as may be deemed advisable and charge the cost of Same against the property and the owner specially be nefited in enhanced value and lyirfg in the territory of said i improv ement that its Char- ter may provide. That the authority to adopt any other method shall include the manner of appointing commis- sioners, the manner of giving notice and the manner of fixing assessments or providing for the payment of any such improvement. The City Counci! shall have power to pass any and ail ordinances necessary to carry out the provisions: of this section. (Act of905, added by amendment, 1913.) - --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_0036%3A3. Public record. Not legal advice.