The URL can be used to link to this page

Home My WebLink AboutORD 433 - ORD Approving and Adopting Estimates, Costs for Paving and permanent Improvment at Milton and Rice JTrI .~'~~.I.,~,;_".1 . . I 88 ORDINANCE NO. h11 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE, COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE PERMA- NENT IMPROVEMENr OF: SECTION NO.1: MILTON STREET FROM THE WEST LINE OF AUDEN STREET TO THE EAST LINE- OF COLLEGE STREET; AND SECTION NO.2: RICE BOULEVARD FROM THE EAST LINE OF COLLEGE STREET TO THE, EAST LINE OF WESLAYAN STREET, J IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PREPARED BY THE ENGI- NEER FOR THE CITY, PURSUANT TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE NECESSITY FOR AND DECLARING THE'INTEN- TION OF ASSESSING PART OF THE COST OF SUCH IMPROVEMENTS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF SAID STREETS AND THE OWN- ERSTHEREOF IN THE AMOUNTS AS SET FORTH IN SAID ESTIMATE; PROVID- ING FOR AND ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWN- ING 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, I AND DECLARING AN EMERGENCY~ WHEREAS, the City Commission of the City of West Univ~rs~ty Place, C Texas, has heretofore, by, Ordinance No. 423, passed and approved October' i 25, 1948, determined the necessity for~ and ordered the permanent improvement of, certain streets in the City of West ~niversity Plac~,Texas, by the construction thereupon, of rein:forced co~crete pav~ment 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; and WHEREAS, a contract has been entered into by and between the City and Brpgan & Williams for the construction of said improvements on the re- spective segregated, separate and unrelated Sections Nos. 1 and 2, as autho- rized by Ordinance of November 22, 1948; and the Engineer for said City has, pursuant to law and the above ordinance, prepared 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 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 f_or the City has been duly and. regularly prepared and filed as required by Article 1105-b of the ,Revised Civil Statutes of Texas, hereinafter referred to and by the Ordiriances heretofore passed 01 directing the preparation and filing thereof; which such estimate of costs, signed by the Engineer.:(~nd dated November 22, 1948, and setting forth the respective segregated, separate 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- \ I i ~ ~-.., \ ---... , I i I I I ENGIIlEllI>'S ESTDlATE OF COST . . I SECTION 1 - MILTON STREEl" from the, WEST line of AUDEN STREET to the EAST line of COLLEGE STREET; I . Estimated cost of whole improvement $8,973.68 I 89' ence to each thereof is as follows: Estimated amount per front foot proposed to be assessed' against abutting properties and ownercs; '-, (a) As to vacant lots; and as to lots whereon the principal dwelling -faces MiJ:ton Street: (Curbs; , $0.55; improvements exclusive of . " curbs $6.00) . . . . .. $6.55 I Total estimated amount proposed to be assessed against abutting properties and o~ers' $8~148.20 . I SECTION 2 - RICE BOULEVARD from the EAST line of COLL, EGE", 8,TH, EET,'rl '0,' the EAST line of WEsLAYAN STREET; .. Estimated.cost of whole improvement $10,668.16 Estimated amount per front foot proposed. 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 exclusive of, curbs $5.34) ..,.$6.00 I Total estimated amount proposed to be asSessed agaitist abutting properties and owners ". . $'1,604.00 - The City Commission having examined same; doe~ hereby approve an~ adopt'the foregoing estimates of costs and each portion thereof. I . Section 2. The City Commission does hereby find and determine that it is necessary to make and levy.assessmBnts of apart of the 'cdsts of such improvements against the properties abutting 'upon the respectivJ portions of each of said streets as hereinabove stated, and against the rea] and true owne~s thereof, and does hereby declare its intention toassessclagainst said abutt:ing properties and the real and true owners thereof portions of the costs as indicated and set forth in said estimate; that said as~essments shall be made and levied by virtue of, the'!>owers given by, but subject to al.1. 'of the p:ovisions of, th~ Acts of ~he 40th 'Legis~ature of the .stat~ of ITexas,19,~V., F~rstCalled Sess10n, relat1ng to Street l.lIlprovements and, assessments therefor, and being Chapter, 106 of the General and Special Laws of said S~ssion; as amended, said act being commonly known as Article 1105b:,' Revised Civil Statutes J.lr .....~ I , . ~ -I. L 1__. ..__r_ J . ;':"......_._-' ~- ~O, ,of Texas, 1925, and havingbeeri adopted bythe:Gity of.W'est. Uni~rsityPlace, Texas, in and as part of th~ Gti~ter of said City. ' Section 3. The City' Commission ~does hereby provide for and order that a hearing De: held by and before the City,Commission of the City of West University Place, Texas, at 7:30:o'clock P.M. on DecemQer 17,1948, in the Oi ty Hall of said City of West Uni versi ty ~iace, Texas; at which time - and place all owning any prop,erty abuttingcupon any of' the streets, or portions thereof, and within the lindts constituting any section as hereinabove set .forth, and all owning and _claiming,oany interest ina,ny,of 'SUC!) properties, and all ,interested in any assessment Qr any of,th~proceeding~ with reference thereto shall have the opportunity and right at such hearing,to:be heard as to the proposed assessments, and proceedings, and .'_~n any matter as to which hearing is constitutional prerequisite to - the validity of any assessment ' authorized by the above mentioned:Act;.andto - 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 ymcih assessments are/to be leviedj and accuracy,' sufficiency and regularity and validity of the proceedings, and the contract in connection with such improvements and proposed'.assessments. , ' c:' . , . \... . ~ .. I.. Section 4. That following such hearing, assessments will be levied against said abutting property and the real and true owners.:thereof, whether correctiy named,or not and whether known or unknown, in the respective amounts which shall be d~t.ermined at such hearing to be payable by said re- spective.abutting properties and the real and true own~rs 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 en- hanced value thereof by reason of said improvem~ntsJ said assessments are to be levied and to be secured by the first and prior lien-,against said re- spective properties and are to be made as provided by the above mentioned Article 1105-b of the Revised Civil Statutes of Texas; and to evidence the amounts, ~.oa.ssessed and to eyidence su.ch, 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 1105-b. . Section ~. The City Secretary is hereby directed to give notice of the hearing hereinbefore ordered, which ~btice 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 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 ,advertisement thereof msertedat, least three times in the Southwestern Tfmes, design~ted as tQe official newspaper of the C*ty, the first publication to" be made on December 2,. 1948; and by.in- sertion at least three times in some newspaf'er- 'Published in .the :Gi ty 'of, Houston, being the nearest to the City of Wes.t University Place of gener,a'l' . circulation in Harris County, the first publication therein to ,be made at leastcten days, before" the^ time -of the hearing. In said notic.e the City Secretary shall describe in genera~ terms the nature of the improvements for which assessments are proposed _to be levied and to wpich' such noticere- lates, shall state the streets and highways and the portion, or-portions, thereof, to be improved; .shall.state the estimated amount or amounts per front, rn o o -, ! I I I ~ ---: I 91' foot proposed to be assessed to the owner or owners of abutting property, a'1d 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 Wb~ch ~ucA hearing shall be held. The Ci~ Secretary may also include in such notice such further data and:.iriform~tion regarding the proposed improvements and the proposed assessments consistent with these proceedings as the City Secretary deems proper and sufficient to aequain those' to whom it is di- rected 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 6. The fact that the portions of the streets hereinbefore stated are in need of improvement as promptly as possible cr~ates a public emergency, and~ therefore, this ordinance shall be passed finally on the da~~ of its introduction, this the 29th day of November, 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this the 29th day of November, 1948. Commissioners Buschardt, Holman, Terry and Mayor Larunon voting aye. None - ~oting no. APPROVED this the 2S?th day of November, 1948. ATTEST: ~~ ?- Cfty Secary _ . ) 1 :1 ~---------..L L_ III