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HomeMy WebLinkAboutORD 342 - ORd approving and adopting Estimates of the Costs and Paving the Permanent Improvement o o o 247 ORDINANCE NO. 342 AN ORDINANCE APPROVING AND AIDPTING ESTIMATES OF THE CasTS AND THE VARIOUS. PORTIONS OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMENT OF: UNIVERSITY BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE EAST LINE OF, COMMUNITY DRIVE: AND WESLAYAN STREET FROM THE SOUTH LINE OF RILEY STREET (EAST OF WESLAYAN STREET) TO THE SOUTH LINE OF RICIDI,(OND ROAD:- AND RICE BOULEVARD FROM THE "WEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT STREET; AND AUDEN STREET FROM THE NORTH LINE OF UNIVERSITY BOULEVARD TO THE NORTH LINE OF RICE BOULEVARD; IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PREPARED ~ THE ENGINEERS FOR THE CITY PURSUANT TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLARING THE INTENTION OF ASSESSING PART OF THE COST OF SUCH IMPROVEMENTS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF SAID STREETS AND THE OWNERS THEREOF IN THE .AMOUNTS AS SET FORTH IN SAID ESTIMATE; PROVIDING FOR AND ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN, AS TO SUCH PROPOSED ASSESS.... MENTS AND PROCEEDINGS AND AS TO OTHER MATTERS RELATING TO' SUCH IMPRO)VEMENT; SETTING AND FIXING !I'HE TIME AND PLACE OF SUCH HEARING; DIRECTING THAT THE CITY SECRETARY GIVE NOTICE THEREOF AS REQUI~D BY LAW AND DECLARING. AN EMERGENCY. WHEREAS the City Commission of the City of West University Place, Texas, has heretofore, by Ordinance No. 335, passed and approved January 6, 1947, as amended by Ordinance No. 338, passed and approved March 5, 1947, determined the necessity for, and ordered the ,_permanent improvement of, certain streets in the City of West University Place; Texas, by the construction thereupon of a 711 re- inforced concrete pavement with monolithic curbs, and appurtenances and inci- dentals to such improvements; in accordance with plans and specifications referred to and approved in and by said ordinances, said streets and portions thereof having been segregated and divided into the separate and segregated sections as hereinafter stated; and, Yv.HEREAS a contract has been entered into by and between the city and Holland Page for the construction of said improvements as authorized by Ordinance of April 3, 1947; and the engineers for said city have pursuant to law and the above ordinances prepared and filed an estimate of the cost of said improvements and of the various portions thereof; Now, Therefore, BE IT ,ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section L That the City Commission of the City of West Uni versi ty Place, its having examined same, does hereby find that the estimate of the costs as prepared and filed by the engineers for the city has been duly and regularly prepared and filed as required by Article Il05b of the revised Civil Statutes of Texas, hereinafter referred to and by the Ordinances heretofore passed directing the preparation and filing thereof; which such estimate of costs, signed by the engineers ,and ,dated April 3, 1947, and setting forth the respective sections into which the improvements have been divided and segregated and the estimates of costs separately, with reference to each thereof, is as follows: I . I] r r .. :1 JI .1 II . u I . ~48 Estimates of the cost and various portions of the cost of the improvements to be constructed on each of the following respective segregated sections of the streets named: Section No.1: Auden Street -from the north line of University Boule- vard to the north line of Rice Boulevard - 36' Wide: II Estimated total cost of the whole improvement............. .$16, 099'~2~'- Estimated amount per lineal front foot proposed to be assessed against abutting property and owners for curbs....$ 1.19 Estimated amount per front foot proposed to be assessed against abutting property and owners for said improvements, exclusive of curbs .............................................$ 8.21 Total estimated amonnt per front foot proposed to be as- sessed again~t abutting property and owners................$ 9.40 Total estimated amount proposed to be assessed against abutting property and owners...............................$1l,306.32 Estimated total cost of said improvements to be paid b,y the City of West University Place, Texas................$ 4,792.93 . Section No.2: University Boulevard, (a) From the west line of Auden Street to the east line of Edloe street - 52' Wide; and (b) From the east line of Edloe Street to the east line of Mercer Street - 40' Wide. I] Estimated total cost of the Whole improvement .............$49,752.02 Esti~ated amount per lineal front foot proposed to be assessed against abutting property and owners for curbs....$ 1.19 Estimated amount per front foot proposed to be assessed against abutting property and owners, exclusive of curbs: . (a) From the west line of Auden Street to the east line of Edloe Street .............$ 11.86 (b) From the east line of Edloe Street to the east line of Mercer Street ............$ 9.11 Total estimated amount per front foot proposed to be assessed against abutting property and owners: (a) From the west line of Auden Street to . ) the east line of Edloe Street .............$ 13.05 (b) From the east line of Edloe Street to the east line of Mercer Street ............$ 10.30 IJ Total estimated amonnt proposed to be assessed against abutting property and owners ......~..........................................$36,548.44 o n o 249 Estimated total cost of said improvements to be paid by the City of West University Place, Texas ............~....................................$13,203.58 Section No.3: University Boulevard from the east line of Mercer Street to the east line of Vanderbilt St.-40' wide: Estimated total cost of the whole improvement ................$49,091.79 Estimated amoy.nt per lineal front foot proposed to be assessed against abutting property and owners for curbs.......$ 1.19 Estimated amount per front foot proposed to be assessed against abutting property and owners for said improve- ments exclusive of curbs........ . . . . . . . . .. . . .$ 9.11 Total estimated amount per front foot proposed to be assessed against abutting property and owners. . . .. '.$ 10.30 Total estimated amount proposed to be assessed against abutting property and owners. . . . . . . . .. . $33,526.50 Estimated total cost of said improvements w be paid by the City of West University Place, Texas. . . . . . . . . .$15,565.29 Oed,lull Nu. h. University Boulevard from th~ east line of Vanderbilt st. to the west line of Kirby Drive-40t wide: Estimated total cost of the whole improvement. . . . . . .$57,941.59 . . Estimated am01.ll1t per lineal front foot proposed to be assessed against abutting property and owners for curbs. . ..$ 1.19 Estimated amount per front foot proposed to be assessed against abutting pro:r;:erty and owners for said improvements exclusive of' curbs. . . . . . . . . . . . . . . . . . . . . . $ 9.11 Total estimated amonnt per' front foot proposed to be assessed against abutting pro:r;:erty and owners. . . . . .$ 10.30 Total estimated amo1.ll1t proposed to be assessed against abutting pro:r;:erty and owners. ... . . . . . . . . . . . . . . $43,321.80 Estimated total cost of said improvements to be paid by the City of West University Place, Texas,. . . . . . . . . $14,619.79 Section No.5: Rice Boulevard from the west line of Kirby Drive, to the West line of Belmont Street - 31 a Wide Estimated total cost of the whole improvement. . . . . . . . .$38,597.67 1.19 7.06 f ~llv"- I": .. LeI __I jj l.1 ~'..,f.' ~50' T'{)tal estimated amount per front foot proposed to be ~ses8ed against a.butting property and owners . . . . . . Total estimated amount proposed to be assessed against abutting property and owners '. >. ~ ~ ~ .'. .'. .'. . . . . . . . $, . 8.25 . . . '. $ 27,192.00 fl U Estimated' total cost of s aid improvement to be paid by the City of West University Place, Texas. . . . . . . . . . .$ 1l,405.61 Section No. '6: 'University' Boulevard from the west line of Auden Street to the east line of Community Drive - 30' Wide: Estimated -Gotal cost of the 'Whole improvement . . . . ..... .$ 55,460.00 Estimated amount per lineal front foot proposed to, be . assessed against abutting property and owners for curbs . . . . .$ 1.19 Estililated amount per front foot proposed to be assessed against abutting property and a.wners for said improve- ments 'exclusive of curbs . . . . . . . . ... . . . . . . . . . . $ 6.86 ~ Total estimated amount per front foot proposed to be aSsessed againSt abutting prope'rty 'arid 'o'WIlers . . . ~ . . . ...$ 8.05 Total estimated amount proposed to be assessed against abutting property 'and 'oWners . . . . . . . . . . . . . . . . . . $ 44,411.85 Estimated total cost of said improvements to be paid ' by the City of West University Place, TexaS . . . . . . . . . . .$ 11,048.15 o Sect.ion No.7: Weslqan Street from the north line of University Boulevard to the south, line of Richmond Road-30' Wide: Estimated total cost of the whole improvement. . . . . . . . . .$ 52,185.76 . . Estimated amount per lineal front foot proposed to be assesse,d agains~ ab~tting' property and. owners for, curbs. . . . . $ 1.19 Estimated amount per front foot proposed to be assessed against abutting property and O'WIlers for said improvements exclusive 'of' cUrbs' .. .' . . . . . . '. . . . . . . . .... . . . . . $ 5.14 Total estimated amount per front foot proposed to be assessed 'against abutting proPerty and owners . . . . . . . . . .$ 6.33 Total estimated amount proposed to be assessed against abutting property' and' oJiners ,;' '. . ;""",. . .' .' Ii . .'. . . . . . . $ 30,985.35 Estimated total cost of said improvements to be paid by the City of West University Place, Texas . . . . . . . . . . . . $ 21,200.41 Section No." 8": Wesl~an Street f;rom the north line of University Boulevard to the south line of Riley Street (east of Wes1ayan) - 30' Wide: Estimated total cost of the whole improvement . . . . . . . . . $ 38,432.59 . n Estimated amoUlit per lineal front foot proposed to be assessed" against abutting property aild oWners for curbs. . . . . $ 1.19 f- [I L ~s/; Estimated amount per front foot proposed to be assessed against abutting property and owners for said improve- ments, exclusive of curbs . . . . ... . . . . .. . . . . . . . . . $ 5.14 Total estimated, amount per front foot proposed to be assessed against abutting property and owners . . . . . . . . $ 6.33 Total estimated amount proposed to be assessed against abutting property and owners . . . . .. . . .. . . . . . ... . . $ 21,358.05 Estimated total cost of said improvements to be paid by the Oity of West University Place, Texas. . . . . . . . ~ . . . .$ 17,074.54 The Oity Oommission having examined same, does hereby approv~ and adopt the foregoing estimate of costs and each portion thereof. Section 2. The City Commission does hereby find and determine that it is pecessary to make and levy assessments of a part of the costs of such improve- ments against the properties abutting upon the respective portions of each of said streets as hereinabove stated, 'and against the real and true owners thereof, and does hereby declare its intention to assess against said abutting properties and the real and true owners thereof portions of the costs as indicated and set forth in said estimate; that said assessments shall be made arid levied by virtue of the powers given by, but subject to all of the provisions of, the Acts of the 40th legislature of the State of Texas, 1927, First CallEid Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, as amended, said Act being commonly known as Article 1l05-b, Revised Civil Statutes of Texas, 1925, and having been 'adopted by the Oity of West University Place, Texas, 'in and as a part of the Charter of said Oity. Section 3. The City Commission does hereby provide for and order that a hearing be held by and before the Oity Oommission of the Oity of West Univers;:i..ty Place, Texas, at 7:30 o'clock plm. on April 25, 1947, in the City Hall of said City of West University Place, Texas; at which time and place all owning any property. abutting upon any of the streets, or portions thereof, and 'Within the limits con- stituting any section as hereinabove set forth, and all owning and claiming any interest in any of such properties,' and all interest in any of such properties, and all interested in arry assessment or any of the proceedings with reference there- to shall have the opportunity and :tight at such hearing, to be heard as to the proposed .assessments, and proceed:tngs, and on any matter as to which hearing is constitutional prerequisite to the vB.1idity of any assessment authorized by the above' mentioned Act, and to contest the amounts of the proposed assessments, the lien and liability thereof, the special benefits to the abutting property and owner thereof by means of the improvements for which assessments' are to be levied, the accuracy, sufficiency and regularity and validity of the proceedings, and the contract in connection with such improvements and proposed assessments. Section L.. That following such hearing assessments will be levied against said abutting property and the real and true owners thereof, whether correctly named or not and whether known or unknown, in the respective amounts which shall be determined at such hearing to be payable by said respective abutting properties and the real and true owners thereof; provided, however, that no amount shall be assessed against any such abutting property or the owner thereof in excess of the benefits to said property in the enhanced value thereof by reason of said improve- ments; said assessments are to be levied and to be secured by the first and prior lien against said respective properties and are to be made as provided by the above mentioned Article 1105-b of the Revised Oivil Statutes of Texas; and to evidence , ... I~ :J,5~ ~. : ~7. ~. -; the amounts so assessed and to evidence such lien and the rights and liabilities of the parties, assignable certificates shall be issued which shall be p/aiVable in inst::ll1ments ana. shall bear ihterest,. all- as set forth in the ordinance above referred to initiating and ordering such improvement, and as provided by" the above referred to Article 110$-1>. Section $. The City Secretary' is hereby" directed to give notice of the hearing hereinbefore ordered, which notice shall be directed to all owning or claiming a'ni property abuttihg' upon ~ of the respective portions of the street hereinabove set out and included within any of the designated sections; and to all owning and cla.iJQiilg arr:r interest therein, and to all interested in any assess- ment or any or the proceedings Wi. th reference theretO; . and said notice shall be given by advertisement thereot inserted at least three times in the Southest- ern Times, designated as the official newspaper of the City, the tirst publica- tion to be made on April 10, 1947; and by insertion at least three times in some newSpaper published in the City of Houston, being the nearest to the City ot West University Place ot general circulation in Harris County; the first publication therein to be made at least ten dqs before the time of the hearing. In said notice 'the City Secretary shall describe in general terms the nature of th~.. improvements for 'Which assessments are proposed to be levied and to which such notice relates, ~ha11 state the streets and highwqs and the portion, or portions, thereof, to "be'!improved; shall state the estimated amount or amounts per front foot proposed to be assessed to the O'WIler or owners of abutting property, and such 'property on each such highw/aiV or portion with reterence to which the hearing mentioned in the notice is to be held; and shall state the estimated total costs of the improvements 'on each such hig~ and portion or portions thereof, and shall state the time and place at which such hearing shall be held. The City Secretary may also include in such notice such further data and information regarding the proposed improvements and the proposed assessments consistent with these proceedings as the City Secretary deems proper and sufticient to acquaint those to whom it is directed nth. the tact that such hearing is to be held and that said persons have a right and shall be afforded an opportunity to be heard and to "inform them of the matters upon which they are entitled to be heard. Section 6. The tact that the portions of the streets hereinbetore stated are in need of improvement as promptly as possible creates a public emergency and, therefore, this Ordinance shall be passed finally on the date of its in- troduction this, the third day ot Aprol, 1947, and shall take effect immediately upon its passage and approval by the Mayor. :] ~] ] I I,. '-- i I I I L-; ;2...5"3. PASSED this, the 3rd day of April, 1947. Commissioners Lanmon, Hamlett, Douglass, Armer and Mayor Lee voting aye: Commissioners None voting no. APPIIDVED this, the 3rd day of April, 1947. wd.kJ MaYor of t CITY OF 'WES'!'" UNIVERSITY PLACE, TEXAS ATTEST: I ~~ APPROVED: CITY ATTORNEY