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HomeMy WebLinkAboutORD 376 - ORD Approving and adopting Estimates and Costs IT i I I:"L ' : I 148 ORDINAlfCE NO. 376 . , AN ORDINANCE APPOOVING AND ADOPrING ESTIMATES OF THE COSTS AND THE VARIOtE mRTIONS (F THE COST <F THE PAVING AND THE PERMANENT DIPROVEMENT OF:' RICE BOUlEVARD FROM THE WEST LINE OF KIRBY ~ TO THE WEST LINE OF BEL1I>NT STREET; AND WAKEFOREST STREET FROM THE NORTH LINE OF RICE BOULEVARD TO THE NORTH LINE OF-PLUMB STREET; , IN THE CITY OF"WEST UNIVERSITY PLACE, TEXA5,PBEPARED BY THE ENGINEERS FOR THE CITY, PURSlJANT TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLARING THE- INTENTION OF ASSESSING PART OF THE COST (F SmH DlPROVEMENTS' AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF SAID STREETS AND THE OWNERS THEREOF IN THE AJIOUNTS AS SET FORTH IN SAID FSTDlATE; PROVIDING FOR AImORDElUNG THAT A HEARING BE JiELD AN]) ~N TO 'ALL OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR.ANY INTEREST THEREIN, AS TO S1K:H PROPOSED ASSESSMENTS AND PROCEEDINGS AND AS TO mItER MATTERS RELATING TO SUCH IMPROVEMENTS; SETTING AND' FIXING THE TIME AND PLA.CE OF SUCH HEARING; DIRECTING THAT THE CITY SECRETARY -GIVE NmICE THEREOF AS REQUIRED BY LAW AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore, by Ordinance No. 370, passed and approved April 14th, 1948, determined the necessity for, and ordered the pemanent improvement of, ce~ainstreets in t~ ,City,o,~West .University Place, Texas, by the construction thereupon of reinforced concrete pavement with monolithic curbs, and appurten- anceS and incidentals to such improvements, in accordance 'With plans and specifications referred to and approved in and by said ordinance" said streets and portions thereof having been segregated and divided into the separate and segregated sections as hereinafter stated; and WHERlilAS, a contract has been entered into by' and between the City and RuSs Yitchell, Inc. for the construction of said improvements as authorized by Ordinance of May loth, 1948; and the engineer$ tor sai~ City: have, pursuant to law and 1ihe above oit"dinanee, prepared and filed an estimate of the cost of said improvements and of the various porlions thereof; NOW, THEREFORE: ," BE IT ORDAINED BY THE CITY COMMISSIOOOlF THE CITY OF WEST UNIVERSITY PUCE, TEXAS: ,./Section 1.. That the Ci.ty Commission ot the City of West University Place, having examined same, does hereby find thattbe 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 Arlicle 11051> 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 ei1gineers- and dated May 10. 1948. 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: ~1 I I ~I ~I , I ............J --.., , i ! , I LJ 149 ENG~RtS ESTDJA.T~ OF COST I' IL: ,Sect.ion ,1. ' RiQe Boulevard 1'rom the West ,line 01' Kirby , Drive t.o t.he West line 01' Be:unont Street:, ' , 1 '- ... Estimated cost of the whole., improvement ............ .,.. .. . .$ 39,583.29 Estimated amount per front 1'oot proposed to be assessed against abutting propert.~,s and oWners; ,(a) As to vacant ,lots; amd as to lots wh$reon the , principal d1relling faces Rice Blvd",{curos, $0.66; improvements exc:l:usive of curbs, $5.34).............. 6.00 (b) As to lots -whereon the principal dwelling does not face Boice Blvd: (curbs, $0.66; improVements exciusive 01' curbs, $3.84 ... .~......... 4.50' Total estimated amount proposed to be assessed against abut.ting properties and awners.......... ~ 17 ,589.00 Section 2: Wake1'orest St.reet. from the North line of Rice BoulevaI-dto ,the' lorth line of Plumb Street: Estimated cost of the whole improvement.......... ,Estimated amount per, front ,foot proposed to be assessed against abutting R~pert.ies and owners: 14,262.27 i\ I LI .As to vacant 'losts: and as to lots whe,reon the principal dwelling faces Wakeforest' , Stree1#i (curbs, $0.66;' improvements exclusive of curbs, $5.34)...... ,(b) As to lots whereon the principal, dwelling " does not,1'ace Wakeforest Street.: (curbs; $0.66; improvements exclusive of cUrbs, $3.84)...... 6.00' (a) 4.50 Total estimated amount propose<<;i to be assessed against' abutting properties, and owners~...........' 6,967.50 "'" I' L The City Commission haV:i::ng examined same, does hereby approve and adopttl1.e foregoing eetimate of cOsts and each portion thereof. , Section 2: The City Commission 'does hereby find and deteImine that i1# is necessary to make arid levy 'assessments of a part of the costs 'of such ' improvements against the properties abutting upon the respective portions of each of said streets as hereinabOve sitated" and against:the real 'and true 01lI1ers ' thereof', aDd does hereby declare i'ts intention to assess against ,said abutting properties 'and the real and true owners thereo1' portions of, the 'costs as, indicated and set 1'ort.h in said estima~; that said assessments sha:u be made and levied by virtue 61' the, powers gi.en by, but subject to all of' the provisions 01', ,the Acts of the 40th Legislature 01' the State 01" Texas~' 1927 ,First Called Session, relating to street improvements and assessments therefor~ and being , Chapter 106 01', the General and,SpeciaJ. Laws',of said Session, as amended, said Act being aominoilly knoWn as Article 1l05-b, Revised Civil Statutes of Texas, 1925~ and liaVing been adopted by the City of West University Place, Texas, in and as part or the, Charter, 01' said City. ' Section 3. The City Conmiss:ton does hereby provide tor and ~rcler that ...... I II Ii' r. :, :] I 150 a hearing be held' by and before ,the City Commission of the City of West University Place, Texas, at 7:30 CD'clock p~ M. on }lax 28,_19~ in the City Hall of said City of West University Flace" Texas; at whicn :eiie an place all o'Wning a.rry property abutting upon any of the streets, or portions thereof" and within the limits constituting anysect10n as hereinabove set forth"and-a1l 0'WDing and claiming any interest in arry of such propert.ies, and all interested in any assessment or any of the proceedings with reference thereto sha;Ll have the opportunity and right at such hearlng, -to .be "heard as to the proposed assessments, and proceed- ings, and on any matter as to which hearing is constitutional prerequisite to the validity of any assessment authorized by the8.bove 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, and accuracy-, sufficiency and regularity 'and vaJd.ditl o~ the proceedings', and the contract in connection 'With such improvements 'an~ proposed ,assessments. ~:t1Qn..Ju, That .folJ.ow:i:ng such hearing 'assessments 'Will be levied, agains,1;,sai-d abut-t-ing-_properby and the real and true owners thereof" whether 'correctly nemed or not and wbether known or unlmown"in the ~ctive $Dlounts which shaJ.l, be dete:nnined &1; -&uch -bearing to be payable by said respective abutting properties and the real and true owners thereof; provided, however, that no amount shall be assessed' aga.:inSt, arry such abutting property or the owner thereof in excess of the benefits to said property in the enhances vaJ.ue tbereoB by reason of said improvements; said assessments are to be levied and to be secu~d by the :first> and prlO'r lien against said respective properties and are to be made as provided by the above mentioned Article llo5-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 parable' ~n installments and shall bear interest, all as set :foI1ih in the ordinance above referred to im. tiating and ordering such improvement, and as provided-by the ,above referred to Article 1105-b., , H .. - .. ' , Sectio~ 51. The City Secretary is hereby directed to give notice of the hearing berein'be?ore Qrdered, which notice 'shall. be directed to all ollDing or claiming any- property. abutting upOn arrr of the respective portions of the streets hereinabove set out and included wi:thin 8.DT of the designated sections; and to all owning and. claiming any interest therein.. and to all i.I1.~erested in any assessment or arq of the proceediRgs -'With-reference theretof and said notice shall be given by advertisement thereof inserted at lease three times in the Southwestem Times.. designated as the official newspaper of the City, the first publication to be made on ~ 13th, 1948 J and by inSertion at least three tillles in some news- paper publis d in the City of Houston, being the nearest to the City of West University 'Place of general circulation in Harris County, the first publication therein to be made at least ten days before the time of the hearing. In said notice.. the, City Secretary' shall descrl.bein general tel1BS the n,-ture 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; shall state the estimated amount or amounts per front foot proposed to be assessed to the owner or Olmers of abutting property.. and , such property on each such hi~ o-rportion1dt:i1 reference to which the hearing mentioned in the notice is to' be held; and shaJ.l state the estimated total costs of the improvements on each such highway and p6rtibn or portions thereOf" and shall state the time and place at which such hearing shall be held. TheCity Secretary mq also include in such notice such further data and 1nf~ation regarding the proposed improvements and the proposed assessments consistent with these proceedings as the City Secretary deeins proper and su:ffic1ent to acquaint those to whom it is directed nth the !act that such hearing ~s to be held and , , ',,------,I l---..J 1---'\ , i ----.J [L .; 151 that said persons have a right and shall be afforded an opportunity to be heard and to info mthem of the matters upon which they are . entitled' to be beard. ' 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 introduction, this, thel0thdcw Of~h 1948, and shall take effect immediately upon i 105 passage ana approval. ' . t ,e Mayor. " PASSED this, the 10th day of May, 1948. Commissioners Hamlett~ Amer9Lam.oD9 Douldass. and J4a.yor Lee voting aye: Commissioners None voting No.;, APPROVED. this,. the loth day of,May, 1948.' ~4~T~' ; . ,',' ", "TEXAS ATTEST: APPROVED: <' ......, /" ~ . CITY ATTORNEY '.. ........l.1.