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HomeMy WebLinkAboutORD 495 - ORD Approving & Adopting Estimates Costs for Permanent Paving Improvements for 4100 Block of Byron Street "T.'f">TII -. ,1 "I:. I. ,. .. ~28 ORDINANCE.NO. h95 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE, COSTS AND THE VARIOUS PORTIONS OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMENT OF PORTIONS OF: 4100 BLOCK OF BYRON STREET, AND 4100 BLOCK OF CASE STREET, 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 DECLARI,NG, THE INTENTION OF ASSESSING PA..Ti.T OF THE COST OF SUCH IMPROVE- MENTS AGAINST CERTAIN PROPERTIES ABUTTING ON SAID 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 01JlJNING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN, AS TO SUCH PRO- POSED ASSESSMENTS AND PROCEEDINGS AND AS TO OTHER WJATTERS RE- LATING TO SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING; DIRECTING THAT THE CITY SECRETARY GIVE NOTICE THEREOF AS REQUIRED BYLAW, AND DECLARING AN EMERGENCY. ij WHEREAS, the City Commission of the City of West University Place, Texas has heretofore by ordinance determined the necessity for and ordered the permanent improvement of certain portions of Byron, Case :'IJ and West Point Streets, all in the City of West University Place, Texas by the construction thereupon of reinforced concrete pavement with mono- lithic curbs, and appurtenances and incidentals to such improvements, in accordance with plans and specifications and contract, and amendment~ and addenda thereto, referred to and approved' in and by ordinances hereto- fore duly passed; and WHEREAS, as authorized by ordinance of July 11, 1949, a con- tract has been entered into by and between the City and Russ MitChell, Inc. for the construction of said improvements; and, pursuant to sub":' sequent ordinances, certain amendments and addenda have been made thereto, and portions of said Byron and Case Streets have been segregated and divided into separate and segregated sections as hereinafter stated; and the Engineer for said City has, pursuant to law and the above ordinances, prepared and filed an estimate of the cost of said improvements and of the various portions thereof on each of said segregated sections sepa- rately; 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 the 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 prepared and filed as required by Article I 1105-b of the Revised Civil Statutes of Texas, hereinafter referred to J and by the ordinances heretofore passed directing the preparation and 229 filing thereof; which such estimate of costs, signed by the Engineer and and dated January 23, 1950, and setting forth the respective segregated separate and unrelated sections into which the improvements on portions of Byron and Case Streets have been divided and segregated under the above mentioned July 11, 19h9 c'Ontract and subsequent amendments and addenda thereto, and other ordinances with reference thereto, and the estimates of the costs separately with reference to each thereof is as follows: , , '. I lit ...11 , r. _. ,'30 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 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 decl~re its intention to assess against said abutting properties and the real and true owners' thereof portions of the 'costs as indicatediand set ,forth in said esti- mate; that said assessments shall be made and levied by 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 commonly known as Article 1105-b, Revised 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 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,February 10, 1950, 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 interested in any assess- ment 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, ~nd 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 amount~ of the proposed assessme~ts, the lien and liability thereof, the special benefits to the abutting property and owner ther~of by means of the improvements for which assessments are to be levied, and accuracy, sufficiency and regularity and validity of the proceedings, and the contract in con- nection with such improvements and proposed assessments. 'I i '........J 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 respective amounts which shall be dete~mined 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 abutting prop~rty 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 1105-b of theRe- vised 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 and which ..---., I '------.J 231 ---., I shall hereafter be passed, and as provided by the above referred to Article 1105-b. ,-_/ That said amounts, payable by the property owners as de- /termined at said hearing, shall be payable in five equal installments, one installment to be du~ and payable in thirty days after the com- , pletion of said improvements 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 ac- ceptance at the rate of 5% per annum, payable annually, and with 8% interest on past due principal and interest; but saio. property owners shall have the privilege of paying anyone or more of said installments before thei~ maturity by payment of principal and interest thereon, and said gertificates 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 declared due at the option of the holder thereof. -: Section 5. The City Secretary is hereby directed to give notice of the hearing hereinbefore ordered, which notice shall be di- rected to all owning or claiming any property abutting upon any of the respective portions of the streets hereinabove~et out and included within any of the designated" sections; and toallcowning 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 adyertisement- thereof inserted at least tl:1ree times in the Southwestern Times, designated as the official newspaper of the City, the first publication to be made on January 26,1950; 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 cir- culation 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 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. The City Secretary may also include in such notice such further data and information re- garding 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 nave 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. ) -- ~ I I I ~ Section 7. The fact that the portions of the streets herein- :'32 -JU I ,r:-- - -.;: ~ ... .. I,:, ..,,-.., before stated are in need of improvement as promptly as possible creates I a public emergency, and, therefore, this Ordinance shall. be passed fi- nally on the date of its introduction, this the 23rd day of January, 1950, , and shall take effect immediately upon its passage and approval by the ~ Mayor. ATTEST: PASSED this the 23rd day of January, 1950. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanman voting aye. None - voting no. APPROVED this the 23rd day of' January, 1950. ty LJ [