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HomeMy WebLinkAboutORD 425 - ORD Approving and Adopting Estimates and Costs Sect 3 and Section 5 J ..-! J 53 ORDINANCE NO. 425 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES. OF THE COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMEN T OF: SECTION NO.3. . UNIVERSITY BOULEVARD FROM THE EAST LINE OF WESLAYAN STREET TO THE EAST LINE OF COMMUNITY DRIVE; AND SEC'11ION I'm. 5. RICE BOULEVAP~ FROM THE lrEST LINE OF AUDEN STREET TO THE RqST LINE OF COLLEGE STREET~ IN THE" crIT OF WEST UNIVERSITY PLACE, TEXAS, PREPARED BY THE ENGI- NEERFOR,THE oCI:rY, PURSUANT TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLA..,B.INGTHE INTEN- TION OF ASSESSING PART OF THE COST OF SUCH IMPROVEMENTS AGAINST PROPERTIES ABJJ:I',TIJ~{G ON. SAID PORTIONS OF SAID'STREETS AND THE OVJN- ERS THEREOF IN THE AMOUNTS AS SET FORTH IN SAID ESTIMATE; PROVID- INGFOR AND ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL mVN- ING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN , AS TO SUCH PROPOSED ASSESSMENTS AND:PROCEEDINGSAND AS TO OTHER MATTERS RELATING.T,O SUCH IMPROVEMENT; SETTING AND FIXING THE TIME ANDPL..4.CE OF SUCH HEARING; DIRECTING THAT THE CI'rY 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. 371, passed and approved April 20, 19M3, determined the necessity for, and ordered the permanent improvement of, certain streets in the City of West University Place, Texas, by the construction there- upon of reinforced concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, in accordance w:ith plans and specifi- cations referred to and aPP~OYed jn ~nd pypaid ordinance; said streets and portions thereof having been ~egregated and divided into separate and segre- gated sections; and WHERE;AS, a contract has beeu,entered into by and between the City and Russ Mitchell, Inc., 0:C0.x: ,the c.onstructlon of said improvements on the respective segregated, separate andtfr).related Sections Nos. 3 and 5, as autho- rized by Ordinance of October 11, 1948, and said contract has been amended and addenda added thereto, as authorized by Ordinance of October 25, 1948; and the Engineer for said City has, pursuant to law and the above ordinance, pre-: pared and filed an estimate of the cost of said improvements and of the various portions thereof on said sections; NOW, THEREFORE, " BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF vVEST Ul'UV}l~SITY 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 for the City has been duly and regularly pr~pared and filed as required by Article ll05-b of the Revised Civil Statutes of Texas, hereinafter referred to and by the Ordinances heretofore passed directing the preparation and ti~~g thereof; which such estimate of costs, signed by the Engineer and dated'October 5, 1948, and setting forth the res- ""' .. - -1"-' .:----. ---r"', L'lr r"- . :J:I:::"TII '. .. :... ..r--- -':..~L. '.. I..;. ,..... . .,-:1 54., pectivesegregated, s~parate and unrelated sections into which the improve- ments have been divided and segregated and as to which the above mentioned contract has been let, and the estimates of the costs separately with refer- ence to eaoh thereof is as follows: ENGINEER'S ESTIMATE OF COST n SECTION 3 - UNIVERSITY BOULEVARD from the EAST line of vVESLAYAN to the EAST line of COM;viUNITY DRIVE; Estimated cost of whole imProvement. ... $38,532.25 Estimated amount per front foot proposed to be assessed against abutting" properties and owners: (Curbs, $0.66; improvements exclusive of curbs $5.34) ... 6.00 Total estimated amount proposed to be assessed against abutting properties and owners ..........19,710.00 SECTION 5 - RICE BOULEVARD .from the WEST line of AUDEN STREET to the EAST line of COLLEGE STREET: Estimated cost of whole improvement .....12,109.38 Estimated amount per front foot pro- posed to be assessed against abutting properties and owners: (a) As to vacant lots; and as to lots whereon the principal dwelling faces Rice Boulevard: (Curbs, $0.66, 'improvements exclus i ve of curbs $5.34).................... o 6.00 (b) As to lots waereon the principal dwelling does not face Rice Boule- vard: (Curbs $0.66; improveInents exclusive of curbs $3.84)...... 4.50 Total estimated amount proposed to be assessed against abutting properties and o-wners .................................~. '~9-'301~'$0 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 determine that it is necessary to make and levy assessments of a part of the costs 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 abutting properties and the real and true owners thereof portions of the costs as in- dicated and set forth in said estimate; that said assessments shall be made 10 and levied'by virtue of the powers given by, but subject to all of the pro- visions o~, the Acts of the 40th Legislature of the State of Texas, 1927, First , i j' .-J I ~ I I i ..J " 55~ First Called Session, relating to Street improvements and assessmentsctherefor, and being Chapter 106 of the General and Special Laws of said Session, as ' amended,; said Act being commonly known as Article 1l05b, Revised Civil Statutes of Texas, 1925, and having been adopted by the Citlf 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 and before the City Commission of the City of West University Place, Texas, at 7:30 o'clock P.M. on November 19, 1948, 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 owning and claiming any interest in any of such properties, and all inter- estedin any assessment or any of the proceedings .r.Lth reference thereto shall have the opportunity and right at such hearing, to be heard as to the pro- , posed assessments, an~ proceedings, and on any matter as xo 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 assessments, the lien and liability thereof, the special benefits to the abutting property and owner thereof by means of the improvements for whi~h assessments are to be levied, and accuracy, sufficiency and regularity and validity of the proceedings, and the contract in connection with such improvements and prop~sed assessments. Section 4. That following such hearing, assessments will be levied against said abutting property and the real and tr.ue 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 thereqf; 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 a~d 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 Re- vised Civil Stat~tes 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 Article 1105b. Section 5. The City Secretary is hereby directed to give notice of the hea~ing hereinbefore ordered, which notice shall be directed to all own- ing 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 in- terested 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 November 4, 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 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 as- sessments are proposed to be levied and to which such notice relates, shall "JTI I ~ ,~I~ L__;I.,. ~L '. ,.1. __.', ._.1 5'6. ! .1' I 'I , ' state the streets and highways and the portio~, or portions, thereof, to' be improved; shall,state the estimated amount or: amounts per' front foot pro- posed 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 I,J 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 there- of, and shall state the t.Une and place at which such hear~ng shall be held. The City Secretary may also include in such notice s~ch further data and in- formation regarding the proposed improvements, and the proposed assessments consistent with these proceedings as ,the City; Secretary ,deems proper and suf- ficient to acquaint those to whom it is directed with the fact that such hearing is to be held and that said persons have a rig'1t and shall be afforded an opportun:i,ty to be heard and to inform them of the matters upon which they are entitled to be heard. Section 6. The fact that the portion~ of the st~eets hereinbefore stated are in need of improvement as promptly as possible cre~tes a public emergency, and, therefore, this Ordinance shail be passed ,finally on the date of its introduction, this, the 25th day of October, i948, and shall take effect immediately upon its passage and approval by the Mayor~ PASSED this, the 25th day of October, 1948. Commissioners Lanmon, Terry and Mayor Lee voting aye. None - voting no. APPROVED this, the 25th day of October, 1948. ] M ATTEST: ~ ' ,0. Secretary o