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HomeMy WebLinkAboutORD 422 - ORd Approving and Adopting Estimates, Costs for Paving and Permanent Improvement J:r! I . CJ;, _'. ..1 J:. .. .~.; .....J. ___....:. .,.1" 42 ORDINANCE NO. 422 <il' AN ORDINANCE APPROVING AND .ADOPTING ESTIMATES OF THE COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE I'ERMAlIi'ENT IMPROVElvIENT OF CERTAIN PORTIONS OF: SWARTHMORE STREET IN THE 4100 BLOCK THEREOF, AND BYRON S'l'REET IN THE 3800 BLOCK THEREOF, and CASE STREET IN THE 3900 BLOCK THEREOF; IN THE CITY OF WEST UNIVERSITY PLACE, TEXA:S, PREPARED BY THE ,ENGINEER FOR THE CITY, PURSUANT TO LM[, AND AS RE~UIRED BY EAR- LIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLARING THE INTENTION OF ASSESSING PART OF THE COST OF SUCH IMPROV~~~NTS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF SAID STREETS AND THE OWNERS THEREOF IN THE AMOUNTS AS SET FORTH IN SAID ESTI- MATE; PROVIDING FOR AND ORDERING THAT' A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING ANY SUCH ABUT'rING PROPERTY OR ANY IN- TEREST THEREIN, AS TO SUCH: PROPOSED ASSESSMENTS AND PROCEEDINGS AND AS TO OTHER MATTERS RELATING TO SUCH'IMPROVE"TENT; SETTING AND FIliNG THE TIME AND PLACE OF SUCH HEARING; DIRECTING THAT THE CITY SECRETARY GIVE NOTICE THEREOF AS REQUIRED BY LAW,AI\TD DECLARING AN EMERGENCY. o WHEREAS, the City Commission of the City'of West University Place, Texas, has heretofore by Ordinance No. 407 duly and regularly passed and ap- proved September 27, 1948, determined the necessity for and ordered the per- II,J manent improvement of certain portions of Swarthmore, Byron and Case Streets, all in the City of West University Place, Texas, by the construction there- upon of reinforced concrete pavement with monolithic curbs, and ap~rtenances and incidentals to such improvement:3, in accordance with plans and speci- fications referred to ardapproved in and by said ordinance, said streets and portions thereof having been segregated and Jivided into separate and segre-, gated sectionG ap hereinafter stated; and VVHEREAS, a contract has been entered into by and between the City and Brogan & Williams for the construction of said improvements on the res';' pective segregated, separate, and unrelated sections"as authorized by Ordi- nance of October_25~l948; and the Engineer for said City has, pursu~tto law and.: the;:, ab ov.:e :ordirttmc~s ~ preparee;i "ap.d ,filed arLestima ta' of the cost of said Lllprove:ments and of' the various portions thereof on said se'ctions; NQ"v{, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY , PLACE, TEXAS: Section 1. 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 Engineer fpr 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 ordinances heretofore passed di~ recting the preparation and filing thereof; which such estimate of costs~ 101 signed by the Engineer and dated October 22, 1948, and setting forth the res- pective 'segregated, separate, and uprelated sections into which the improvements have been divided and segregated and as to vmich the above mentioned contract has been let, and the estimates of the costs separately With reference to each ;- -thereof is as follows: ENGINEER'S ESTIMATE OF COST" . l i ~ 43', (A) As to vacant lots; and as to lots whereon the principle dwelling faces the named street in the'section: Section No. Estimated Cos t of Whole Improve... ment I-Swarthmore St.-4100 Blk. Lots 5&6, Block 25 Colonial Terrace Addn. 1,075.72 2-Swarthmore St.-4100 Blk. Lots 9 & 10 Block 25 Colonial Terrace Addn. , -'" 1,024.50 3-Swarthmore St.-4l00 Blk. Lot 20 Block 26 Colonial Terrace Addn. 512.25 4-Itrron St. - 3800 Blk. Lot 6 Blk. 10 College View 1st. Addn. 5.12.25 5-Case St. - 3900 Blk. Lot 13 Block 12 College View 1st Addn. 512.25 Per Front Foot of Curbs 1.38 1.38 1.38 1.38 1.38 Per Front Foot Improve- ments Ex- clusive of Curb~ 7.98 7.98 7.98 7.98 7.98 Total Cost Per Front Foot 9.36 9.36 9.36 9.36 9.36 Proposed Total Amount Assessed Against Abutting Properties & Owners 982.80 936.00 468.00 468.00 468.00 The City Commission having examined same, does hereby approve and adopt the foregoing estimates of costs and each portion thereof. Section 2. The City Commissicn does hereby find and determine 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 o,vners thereof portions of the costs as indicated and set forth in said esti- mate; that said assessments shall be made and levied by virtue of the powers gi ven by, but subject to a:l1 of the pI' ovisions of, the Acts of the 40th Legis- lature 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 1105b, Revised C,Lvil 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. -----: : -- _ __~_._. I ..:If .rI":'" I ..1 I< ... . . I , 44 Section 3. The City Commission does hereby provide for and order that a hearing be held by and before the City C~]Eisston of the City of West University Place, Texas, at 7:30 o'clock P.M. on November 19, 1948, in therl 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 owning and claiming any interest in any of such properti~s, and all interested in any assessment or any of the proceedings ~th reference thereto shall have the opportunity and right at such hearing. to be heard as to the proposed assessments, and proceedings, and on any ~atter 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 pro- posed 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, suffciency and regularity and validity of the proceedings, and the contract in connection with such improve- ments arrd proposed assessments. Section 4. That following such hearing, assessments vall 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 a- butting 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 oare to be made as provided by the above mentioned Article 1105b of the 'I Revised Civil Statutes of Texas; and to evidence the amounts so assessed and I -to evidence such lien and the rights and liabilities of the parties, assign- ~ 'able 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 provided by the above referred to Article 1105b. That said amounts, payable by the property owners as determined at said hearing, shall be payable in five equal installments, one installment to be due and payable in thirty days after the completion of said improvements and the acceptance thereof by the City of West University Place, and another installment in aJ.ike aInQunt to be due and IRyable 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% interest 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 interest thereon, and said certifi- cates 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 be matured and de- clared due at the pption of the holder thereof. ~ 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 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 mvning and claiming any interest therein, and to all interested in any assessment or any of the proceedings with reference thereto; and said notice shall be given by advertising thereof inserted at least three times in the Southwestern Times, designatedas.the official newspaper of the City, the ~~rst ~~bl~ca.ti~n to be made on November-4, 1948; anp by insertion at least n i ,~ l -' ~ ~, 45 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 least ten days before the time of the hearing. In said notice the City Secretary shall describe in gen- eral terms the nature of the im~rovements 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 th~ 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 pro- posed improvements and the proposed assessments consistent ~~th these pro- ceedings as the City Secretary deems proper and sufficient to acquaint those to whom it is directed 1vith 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, th~s Ordinance shall be passed finally on the date of i>ts introduction, this the 25th day of' October, 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED t?is the 25th day of October, 1948. Commissioners Lanmon, Ter.ry, and,'Mayor Lee voting aye. None - voting no. APPROVED this th~ 25th day of October, 1948. ~~tt:~/ University Place, Texas ATTEST: ..... ~. ~ Ci ty S r y . 9t