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HomeMy WebLinkAboutORD 403 - ORD Approving and Adopting Estimates Costs for Paving and Improvemnt rr' l'" , " " J ' 246 ORDINANCE,NO. h03 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMENT OF CERTAIN PORTIONS OF: MARQUETTE STREET, IN THE 3900 AND THE 4100 BLOCKS THEREOF;' AND VILLANOVA STREET, IN THE 4100 BLOCK THEREOF, AND SOUTFfWESTERN STREET, IN THE 3800 AND 3900 AND THE 4100 BLOCKS THEREOF, AND TENNYSON STREET, IN THE 3900 BLOCK THEREOF, AND ACADEMY STREET, IN THE 6000 BLOCK THEREOF;= ,--' -,_',' IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PREPARED::BY THE ENGINEER FOR , THE CITY, PURSUANT TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLARING' THE INTENTION OF ASSESSING PART OF T!1E COST OF SUCH IMPROVEMENTS AGAINST PROPERTIES ABUTTING':ON.S:A:ID PORTIONS OF SAID STREETS AND THE OWNERS THEREOF IN THE AMOUNTS, AS' SET FORTH IN SAID ESTIMATE; PROVIDING FOR AND ORDERING THAT A HEARING BEHELD AND GIVEN TO ALL OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR 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; DIRECTING THAT THE CITY' SECRETARY GIVE NOTICE 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. 394 duly and regularly passed and approved August 23, 1948, determined the necessity for and ordered th~ permanent improvement of certain portions of Marquette, Villanova, South- western and Tennyson Streets, and by Ordinance No. 389 duly and regularly passed and approved June 21, 1948, determined the necessity for and ordered the permanent improvement of a.certain portion of Academy Street, all in the City of West University Place, Texas, by the construction thereupon of reinforced 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 ordinance, said streets and portions thereof having been segregated and divided into separate and segregated sections as hereinafter stated;, and WHEREAS, a-contract has been entered into by and between the City and Brogan & Williams for the construction of said improvements on the respective segregated, separate, and unrelated sections, as authorized by Ordinance of September 20, 1948, and which contract has been amended and addenda added thereto, as authorized by Ordinance_of,Sep~~mb~r 20, 1948; and the Engineer for said City has, prusuant to law'a:nd the above ordinances, prepared and filed an estimate of the cost of said improvements and of the various portions thereof on said section; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ------- i I , , ----.-! " II , I . i-.J ... lJ 24r[ [J Section 1. ,That the City Commission of the City of West University- Place, having examined same, does hereby findthat:the estimate of the costs as prepared and filed by the Engineer for the, City has been duly and regularly prepared and filed as required by Article 1105B of the Revised Civil Statutes of Texas, hereinafter referred to and by the ordi- nances ~eretofore passed directing the preparation and filing thereof; which such estimate of costs, signedby<the Engineer and dated September 20, 1948, and setting forth the respective segregated, separate, and un- related sections into which the improvements have peen diviliedand segre- gated 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'IS ESTIMATE OF COSTS" (A) As to vacant lots; and as to lots whereon the principle dwelling faces the named street in the section: Section No. Estimated Cost of Whole Improvement Per Front Per Total Foot of Front Cost Curbs Fpot Per Improve- Front ments Ex- Foot elusive of Curbs Proposed Total Amount Assessed Against Abutting Properties. & Owners ) Cl I-MarquetteSt.-3900 Blk., L,ots 7 & 8, Block 4 College View - 1st Addn. 1,083.00 1..38 8.50 9.88 988.00 2-Marquette St.-4100 Blk., '\ Lot 118 Fairhaven Addn.' 557:.75 1.38 . 8.50 9.88 <508.82 3-Villanova St.-4100 Blk., Lot 138 FairhavenAddn. :541.50 1.38 8.50: -9.88 494.00 .\ 4-Villanova St.-4100 lUk.., Lot 124 Fairhaven Addn. 649.80 1.38 8.50. 9.88 592.80 5-Southwestern St.-38oo Blk., Lots 10, 11 &16, Block 3 College View - 1st Addn. 1,624.50 1.38 8.50 9.88 1,482.00 6-Southwestern St.-3800 Blk., Lot 9, Block 6 College View - l~t:Addn. 541. 50 1.38 8.50 9.88 494.00 n 7-Southwestern St.-3900Blk., Lots 15 & 16, Block 4 College View -,1st Addn. 1,083.00 1.38 8.50 9.88 988.00 / L ________________~._ _-"_::...:U: (B) As to lots whereon the principle dwelling does not face the named street in the section: ll-Academy St. Lot 14, Block 21 Colonial Terrace Addn. .. 1,245.45 1.38 6.74 8.12 . 933.80 The'City Commission having examined same, does hereby approve and adopt the foregoing estimates of costs and each portion thereof. Section 2. The City Commission does hereby find and detennine that it is necessary: 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 1[1] 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 and levied by vi~tue of,the pQwers 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 commonly known. as Article l105b, Revis'ed Civil Statutes 'of Texas', 1925, '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 Commis$ion does hereby provide for and order that a hearing be held by and before the City Commission of the City of West University Place, Texas, at 7:30 otclock P.M. on October $ , 1948, in the City Hall of said City of West University Place, Texas; at which time and place all owning any Property ~butting upon any of the streets, or portions thereof, and wi thin the limits constituting any section as herein- above set forth, and all owning and claiming any interest. in any of such' properties, and all interested in any assessment or any of the proceedings with reference thereto ~hall haye 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,proposed assessm~nts, th~ 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 lerled, and accuracy, suf- II ficiencyand regularity and validity of the proceedings, and the contract in ~ connection with such improvemen~s and proposed assessments. o o . o 249 Section 4. That following such hearing, assessments will be levied against said abutting property aild the real ,and true owners thereof, whether correctly named or not and whether knoWn or unknown,. in the res- pective 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 abut- ting property or the owner thereof in excess of the bene:f1.ts" to said pro- perty 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 1105b 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 bear interest, all as set forth in the respective ordinances above referred to initiating and ordering such improvements, and as pro- vided by the above referred toArticlel105b. ' Tha t said an ounts, payable by the property owners as determined at said hearing, shall be payable in five equal installments, one install- ment to be due and payable in thirty days after the completion of said im- provements and the acceptance thereof by the City of West University Place, and another installment in a like amount to be due and payable in one, two, three and four years, respectively,' after said date of acceptance, with interest thereon from said date of acceptance at the rate of 5% per annum, payable annually, and with 8%iiiterest on past due principal and interest; but said property owners shall have the privilege of paying anyone or more of said 'installments before their maturity by payment of principal and in- terest thereori,and said certificates as may be issued to evidence such assessments shall provide that, in the event of default in payment of any installment thereupon when due, whether of principal or interest, the whole of such certificate may bematurered and declared due at the option of the holder thereof. .. Section r) .. ' The, -9i::ti..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 r'especti ve 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 any assessment or any of the prpceedings with re- ference thereto; and said notice shall be given by advertising thereof in- serted at least three times in the Southwestern Times, designated as the official newspaper of the City, the first publication.tobe made on September ~ 3, 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 there- in to be made at least ten days before the time of the hearing. 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; 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 shall 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. TheCi ty Secretary may also include in such notice such further data and information'regarding the proposed improvements and the proposed assessments consistent with these proceedings 1,- ,- 1:, 'J :,:,1- 250 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 herein- before 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 20th day of September, ,1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this, the 20th day of September, 1948. Commissioners Armer, Hamlett, Lanmon, Terry and Mayor Lee voting aye. Commissioners - none - voting noe. APPROVED this, the 20th day of September, 1948. ATTEST: /~ ' .~~ i~ecretar.r APPROVED: City Attorney ,---~ o JJ o