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HomeMy WebLinkAboutORD 388 - ORD Approving and Adopting estimates of the Costs u [J o 18"1; ORDINANCE NO. 388 ", AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMENT OF: SECTION NO. I: UNIVERSITY BOULEVARD FROM THE WEST, LINE OF EKIRBY DRIVE TO THE WEST LINE OF BELMONT STREET; AND SECTION NO.2: UNIVERSITY BOULE\TARDFROM THE WEST LINE OF BELMONT STREET TO THE EAST LINE OF SEWANEE STREET; and 'SECTION 'No.4: THE NORTH HALF OF UNIVERSITY BOULE\TARDFROM THE EAST LINE OF LOT 5 TO THE WEST LINE OF LOT 413, ALL IN BLOCK 44, WEST UNIVERSITY PLACE, SECOND ADDITION; IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PREPARED BY ,THE ENGINEERS FOR THE CITY, PURSUANT 'TO LAW, AND AS REQUIRED BY EARLIER ,GRDINANCEl .DETERMINING THE NECESSITY FOR NND 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 AM0UNTSAS SET FORTH IN SAID ESTIMATE; PROVID- ING FOR AND ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIM- ING ANY SUCH ABUTTING PROPERTY OF ANY INTEREST THEREIN, AS TO SUCH PROPOSED ASSESSMENTS AND PROCEEDINGS AND AS TO OTHER MATTERS RELATING TO SUCH ' IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING; DIRECT- ING'THAT THE CITY SECRETARY'GIVE NOTICE THEREOF AS REQUIRED BYLAW, AND DECLARING AN EMERGENCY. WHEREAS~ the City Commission of the City of West University PlaCe, Texas, has' heretofore, by Ordinance No. 371, passed and approved April 20th, 1948, de,termined the necessity for:, and ordered the permanent improvement of, certain streets in the City of West University Place, Texas, by ~he constructioh~thereupon'of'reinforced concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, in accordance with plans and speei:fications referred to and approve,Q. in ~d,by said ordinance, said streets and portions thereof having been segregated and divided into separate and segregated sections as hereinafter stated; and '~<; a,'eontract has been entered into by and between the City and Russ'Mitche11) Inc. ':for 'the construction of said improvements on the respective segregated, separate, and unrelated sections Nos.' 1, 2, and 4, as authorized by Ord'i.naIice of June 21st, 1948, and which contract has been amended and addenda 'adde'd:there'to, as authorized by Ordinance of June 21, 1948; and the Engineers for said City have, pursuant to law and the above ordinance, prepared and filed an estimate of the cost of said improvements and of the various' 'portions 'theI"e-of' 'on said sections; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section I. That the City Commission of the City of West University Place,' 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 Statues of Texas, hereinafter referred to and by the Ordinances IT: ' I: ,: 188 heretofore passed directing the preparation and filing thereof; which such estimate of costs, signed by the Engineers and dated June 21st, 1948, and setting forth the respective s~gregated, separate, and unrelated sections 0 into which the improvements have been divided and segregated and as to which the above mentioned contract has been'let, and the estimates of the costs separately with reference to each thereof is as follows: ENGINEER'S ESTIMATES aF CaST Section No.1. University Boulevard from the West line of Kirby Drive to the West line of Belmont Street; , Estimated cost of the whole improvement~,................ .$53,957.33 Estimated amount per front foot proposed to be assessed against abutting properties and owners; (cUrbs: $0..66; iJnprovements exclusive of curbs: $8.(9) . . .. . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.75 Total estimated amount proposed to be assessed against abutting properties and owners ........................ 29,158.75 SeetiElB }lee 2. University Boulevard from the West line of Belmont Street to the East line of Sewanee Street: Estimated cost of the whole improvement................~$53,658.21 Estimated amount per front foot proposed to be assessed against abutting properties and owners (curbs: $0.. 66; improvements exclusi v~ of curbs; $8.0.9)...... ~ . '. .. . . 8.75 [] Total estimated amount proposed to be assessed against abutting properties and owners..................... 30.,240.0.0. Section No.4. The north half of University Boulevard from the East line of Lot 5 to the West line, of Lot 413, all in Block 44, West University Place, Second Addition: Estimated cost of the whole improvement ....~.......... 1,859.18 Estimat~d amount per front foot proposed to be assessed agains t abutting properties and owners (curbs: $0..66; improvements exclusive of curbs: ~8. 0.9) .. .. .. ' .. .. .. . .. 8. 15 Total estimated amount proposed to be assessed against abutting properties and owners........................ 1,312.50. [J ~--'-' 189' Ii ~' lThe City Commission having examined same, does hereby approve and adopt the foregoing estimate of costs and each portion thereof. I' I ' ~~ Section 2 . 'The City Commission does hereby find and determine that it is necessar,y to make and 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 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 ~here- of portions of the costs as indicated. and set forth in said -estimatejthat said assessments shall be made and ~eviedby 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 Called 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 cODl!llonly known as Article llO,b,Revised Civil Statutes of Texas, 192" and having been adopted by the City of West University Place, Texas, in and as part of the Charter of said City. Section 3. The City Commission does hereby provide for and order that a hearing be held by andbefort:l the 'City Commission of the City of West University Place, Texas, at 7:30 o'clock P. M. on July 9, 1948, in the City Hall of said City of West University Place, Texas; at which time and place aJ.l 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 owning and claiming any interest in ~y 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 constitutional prerequisite to the validity of any assessment authorized by the above mentioned Act, and to contest the amounts of the propQsed assessments, the lien and liability thereof, the special benefits tQ the abutting property and owner thereof by means of the improvements for. which ,assessments are to be levied, and accuracy, suffici- 'ency and regularity and validity of the proceedings, ,and the contract in connection with such improvements and proposed assessments. i I \----, Section 4. 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 respec- tive 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,fjhall 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 110,b of the Revised Civil Statutes of Texas; and to evidence the amounts so asses,sed 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 a'9ove referred to initiating and ordering such improvement, and as provided by the above referred to Article 110.5b. ' T' .- ..... II Jr; r:, :J 190 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 wi,thin any of the designated sections; and to all owning and claiming my interest therein, and to all interested in any assessment or any of the proceedings with reference thereto; and said notice shall be given by advertisement thereof inserted at least , three' times in the Southwestern Times, designated as the official newspaper of the City, ,the first publication to be made on June 24, 1948; 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 publication therein to be made at l~ast ten days , , before the time of the hearing. In said notice the City Secretary shall des- cribe 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; shall state the estimated amount.or 'amounts per ,front foot proposed, to be assessed .to the owner or owners of abutting property, and such property on each such highway or portion with reference to which the hearing mentioned in the notice is to be held; and ahall state the estimated total costs of the improvements 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 proceedings 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 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, 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, the'2lst day of June, 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this, the 21st day of June, 1948. Commissioners Armer, Douglass, Hamlett, and Lanmon and Mayor Lee, voting aye; Commissioners None - voting no. APPROVED this, the 21st day of 1948. ~, ATTlillT: . ~ ~r. APPROVED: CITY ATTORNEY ] = IJ