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HomeMy WebLinkAboutORD 352 - ORD approving and adopting Estimates of Costs o [J o 47 ORDINANCE NO. 352 AN ORDINANCE APPROVING' AND ADOPl'ING ESTIMATES OF THE COSTS AND THE . VARIOUS PORTIONS OF THE COST OF THE PAVING AND PERMANENT IMPOOVEMENT OF: SECTION 'NO.3; UNIVERSITY BOULEVARD FROM THE EAST LINE OF MERCER STREET TO THE EAST LINE OF SEWANEE STREET SECTION No.6: UNIVERSITY BOULEVARE FROM THE WEST LINE OF AUDEN STREET TO THE EAST LINE OF WESLAYAN STREET SECTION NO. 6-A: UNIVERSITY BOULEVARD FROM, THE WEST LINE OF WESLAYAN STREET TO THE WEST LINE OF ACADEMY STREET SECTION NO. 6-B: UNIVERSITY BOULEVARD FROM THE WEST LINE OF ACADEMY STREET TO THE EAST LINE OF COMMUNITY DRIVE IN THE CITY OF WEST UNIVERSITY PLACE:, TEXAS, PREPARED BY THE ENGINEERS ,FOR THE CITY, PURSUANT' TO LAW, AND AS REQUIRED BY EAIU,IER. ORDINANCE j DETERMINING 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 HEA,tRINGBE HELD AND GIVEN TO ALL CMNING QlR CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTERESTmBEREIN, AS TO SUCH PROPOSED ASSESSMENT AND PROOEEDINGS AND AS TO OTHERMATTEEs RELATING TO SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH. HEARING; DIRECTING THAT THE CITY SECRETARY GIVE NarICE THEREOF AS REQUIRED BY LAW AND DECLARING AN EM&BGENCY. vVHEREAS, the City Commission of the City of West University Place, Texas has heretofore, by Ordinance No. 335, passed and approved January 6, 1947, as amende'dby Olrdinance 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 7" re- inforced concrete pavement 'With monolithic curbs, and appurtenances and incidentals to such improvements, in accordance 'With plans and specifications referred to and approved in and by said ordinances, saiQ. streets 'and portions thereof having been by said ordinances segregated and divided into separate and segregated sections; and WHEREAS, a contract has been entered into by,and between the City and Holland Page for the construction of certain improvements as 'authorized by Ordinm ce of April 3, 1947; and pursuant to subsequent proceedings and notices, all as re- quired" by and in full compliance with the Constitution and laws of the State of Texas and the Charter of the City of West University Place, Texas, assessments against the properties abutting upon said respective streets and portions thereof and against the real and trueo-wn.ers thereof have heretofore been levied by Ordinance duly and regularly passed; and WHEREAS, subsequent to said hearing, it has been necessary to'segregate and divide" those portions of University Boulevard originally designated as Section No.3, and as Section No.6, into separate, segregated sections" including those in the caption hereof and hereinafter set forth, necessitating a new estimate of costs and a new hearing' and new notices'to the O'Wllers of property on said sub- sequently segregated sections as to which the improvement has not been abandoned; 1:" .. : T:I I' , .it J1- ' I.,,) , . ..J 48 and the engineers for the City, pursuant to law and the aoove ordinance pre- pared and filed an estimate of the cost of said improvements and of the various portions thereof as to said segregated Sections No.3, No.6, No. 6-A end No. 6-B, hereinafter set forth; Now, Therefore, :l L.J BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY of 'WEST UNIVERSITY PLACE, TEXAS: ~ction 1: That the City Commission of the City or' West University Place" Texas, having examined same, does hereby find that the new estimate of the costs as prepared and filed by the Engineers for the City, has been duly end regularly prepared and filed as required by Article 1l05(b) of the Revised Civil Statutes of Texas, hereinafter referred to, and by the Ordinance here- tofore passed, directing the preparation and filing thereof; which said estimate of costs signed by the Engineers and setting forth said estimates of cost sepa- rately with reference to each of the sections, towit: No.3, No.6, No.6-A, and 6-B, on which new estimates were required is as fo110'WS: Section No.3: University Boulevard from the east line of Mercer Street to the east line of Sewanee Street - 40' wide. Estimated total cost of the 'Whole improvement $9,293.06 Estimated amount per lineal front foot proposed to be assessed against abutting property and o\mer for curbs 1.19 Estimated amount per front foot proposed to be assessed against abutting property and owners for said improvements exclusive of curbs ' 9.11 II ; i L-i , Total estimated amount per front foot proposed to be assessed agai~st abutting property and owners . 10.30 Total estimated amount proposed to be assessed against abutting property and owners 6,180.00 Estimated total cost of said improvements to be paid by the City of West University Place, Texas Section No.6: University Boulevard from the west line of Auden Street to the east line of Wes1ayan Street - 30' wide Estimated total cost of the whole improvement 23,196.36 3,113.06 Estimated amount per lineal, front foot proposed to be assessed against abutting property and owner for curbs 1.19 Estimated amount per front foot proposed to be asse~sed against abutting property and owners for said improvements exclusive of curbs 6.86 ,Total. estimated amount per front foot proposed to be aSsessed against abutting property and owners Total estimated amount proposed to be assessed against abutting property and owners 8.05 ~ 15,543.84 [] o o EstiIilated total cost of said improvements to be paid by the City of West University Place, Texas Section No.6-A: University Boulevard from the 'West line of Wes1~an Street to west line of Academy Street - 30' wide Estimated total cost of the whole improvement Estimated amount per lineal front foot proposed to be assessed against abutting property and owners for curbs Estimated amount per front foot proposed to be assessed against abutting property ana owners for said improvements exclusive of curbs Total estimated amount per front foot proposed to be assessed against abutting property and owners Total estimated amount proposed to be assessed against abutting property and o1lrlers Estimated total cost of said improvements, to be paid by the City of West University Place, Texas Section No. 6-B: University Boulevard from the 'West line of Academy Street to east line of Community Drive - 30' wide. Estimated total cost of the whole improvement Estimated amount per lineal front foot proposed to be assessed against abutting property and owner for curbs Estimated amo4nt per front foot proposed to be assessed against abutting property and owners for said improvements exclusive of curbs Total e'stimated amount per front foot proposed to be assessed against abutting property and owners Total estimated amount proposed to be assessed against abutting property and' owners Estimated total cost of said improvements to be paid by the City of West University Place, Texas 49 7,652.52 10,472.79 1.19 6.86 8.05 8~574.96 1,897.83 21,790.85 1'.19 6.86 8.05 18,456.25 3,334.60 The City Commission having examined same, does hereby approve and adopt the foregoing estimate of costs and each portion thereof. Section 2. The City Commission does hereby find and determine that it is necessary to make and levy assessments of a part of the nosts of such im- provements 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 j" , '1"1 -1-- i----- JI 1. _J 50 abu'tting properties and, the real and true O1VI1ers thereof portions of the costs as lndi'cated' and set forth in said estimate'; that said assessments shall be make Il and levied by virtue of the powers given by, but subject to aJJLof the provisions ot, the Acts of the 40th Legislature of the State of Texas, 1927, First Called U 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 conunonly know.n as Article 1105-b, Revised Civil Statutes of Texas, 19Z5, and having been adopted by the City of West University Place, Texas, in and as a part of the Charter of said city. . Section 3. The City Commission does hereby provide for and order that a new hearing be held by and before the City Commission of the City of West University Place, Texas, at 7:30 o'clock p.m. o'n August 15, 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 constituting any section as hereinabove set forth, and all pwning and claiming arv interest in any of such properties, and all interested in any assessment or any of the proceedings with reference thereto shall have the opportunity and right at such hearing, to be heard as to the proposed assessments, and proceedings, and on" any matter as to which hearing is constitu- tional prerequisite to the validity of any assessment authorized by the above mentioned Act, and to contest the amounts of the proposed assessments, the lien and 1iabi.1ity 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 4. That following such bearing' assessments will be levied against said abutting property and the real and true ow.ners thereof, whether correctly named or not and whether !mown or unknown, in the respective amounts which shall be determined at such hearing to be payable to 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 improvements; 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 Civil Statutes of Texas; and to evidence 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 payable in installments and shall bear interest, all as set forth in the ordinance above referred to initiating and ordering such improvement, and as provided by the above referred to Arti.c1e 1l05-b. Section' 5. The City Secretary is hereby directed to give notice of the hearing' hereinbefore ordered, which notice shall be directed to all owning or claiming any property abutting upon any of the respective portions of the streets hereinabove set out and included within any of the designated sections; and to all owning and claiming any interest therein, and to all interested in arv assess- ment or any of the proceedings with reference thereto; and said notice shall be given by advertisement thereof inserted at least three times in the Southwest- ern Times, designated as the official newspaper of the City, the first publica- tion to be made on July 31, 1947; and by insertion at least three times in some newspaper published in the City of Houston, being ,the nearest to the City of West University Place of general circulation in Harris County, the first pub- lication therein to be made at least .tfm days before the time of the hearing. n u o rn D ~ ,--I s1' In said notice the :City Secretary shall describe in general terms the nature of the improvements for 'Which assessments are ,proposed to be levied and to which such notice relates, shall state the streets. and highways and the portion or portions,- thereof, to be improved with reference to which said hearing is ordered; shall state the estimated amount or amounts per front foot proposed to be assessed to the owner or owners of abutting property, and such proper:ty on each such highway or portion with reference to which the hearing mentioned in the notice is to be held; and shall state the estimated total costs of the im- provements on each such highway 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 pro- ceedings as the City Secretary deems proper and sufficient to acquaint those to whom it is directed with the fact that such hearing is to be he1q 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 above referred to changes and amendments affect only the' properties and owners thereof abutting upon those portions of University Boule- vard within the limits set forth of said Sections No.3, No.6, No. 6-.A., and No. 6-B with reference .to and for whom. only the new hearing he~inabove ordered , is to be held, and all proceedings heretofore held and all assessments heretofore levied. with reference to properties other than those in said particular sections last listed shall remain in full force and effect and unaffected hereby. Section 7. The fact that the portions of the streets hereinbefore 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 30thdq of July, 1947, and shall take effect immediately upon its passage and approval by the Mayor. . PASSED this, the 30th dq of July, 1947. Commissioners Lanman, Hamlett, Armer and Douglass, and Mqor Lee,- Voting Aye. None - Voting Nee. APPROVED this the 30th da.v of July, 1947. L~~~/ APPROVED: ~ 4J./~ C1.t~ to"""1. _-_ _ yo:: ~:.. .~:.. , . . - ..- .: 1:::I -1 ~-- ..J.l r' ..-..