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HomeMy WebLinkAboutORD 498 - ORD Approving & adopting Estimates of the Costs for Paving Improvements Portions of 4100 & 4200 of Lehigh, Darthmouth and Swarthmore Street 239 ORDINANCE NO. 498 -I ! AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COSTS AND THE VARIOUS PORTIONS, OF THE COST OF THE PAVING AND THE PERMANENT IMPROVEMENT OFPORTI ONS OF: ~ 4100 AND ~200 BLOCKS OF LEHIGH STREET; 4100 AND 4200 BLOCKS OF DARTMOUTH STREET; 3800 BLOCK OF SWARTmLlORJj:,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 DECLARING THE INTENTION OF ASSESSING PART OF THE COST OF SUCH IMPROVE- MENTSAGAINST CERTAIN PROPERTIES ABUTTING ON SAID,PORTIONS OF SAID STREETS AND THE OWNERS THEREOF IN THE AMOUNTS AS SET FORTH IN SAID ESTIMATE; PROVIDING FOR ~"D ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OVlNING q~.,CUJ_MING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THER.EIN, AS TO SUCH PROPOSED ASSESS- 1'lENTS AND PROCEEDINGS AND AS TO OTHER MATTERS RELATING TO SUCH IMPROVEMENT; SETTING AND FIXINg TH~.TIME AND PLACE OF SUCH HEARING; DIRECTING THAT THE CITY 'SECRETARY GIVE NOTICE THEREOF AS REQUIRED BY LAW, ANi)' DECLARING AN EMERGENCY. ' -----... 1 I WHEREAS, the City Commission of the City of West University Place, Texas has heretofore by ordinance determined the necessity for and ordered the permanent improve:rnentof certain portions of Lehigh, Dartmouth and Swarthmore Streets, all in the City of West Unive;,sity Place, Texas by the construction thereupon of reinforced concrete pave- ment with monolithic curbs, and appurtenan,.ces_ and incidentals to such improvements, in accordance with plans and specifications and contract, referred to and approved in and by ordinances heretofore duly passed; and ~ WHEREAS, as authorized by ordinance of January 23, 1950, a contract has been entered into by and between the City and J. L. Williams Co., Inc. for the construction of said improvements on the separate and segregated sections as hereinafter stated; and the Engineer for said City has, pursuant to ,law and the above ordinance, prepared and filed an esti- mate of the cost of said improvements and of the various portions there- of on each of said segregated sections 'separately; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS: I 1 Section 1. That the City Commissi:on 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 pr~pared and filed as required by Article 1105-b of the Revised Civil Statutes of Texas, hereinafter re- ferred to and by the ordinances heretofore passed directing theprepa- ration and filing thereof; which such estimate of costs, signed by the '. 111 ~I!I I:~.., I., 1.. ~40 Engineer and dated January 23, 1950, and setting forth the respective segregated, sepa~ate and unrelated sections into which the improvements on portions of Lehigh, Dartmouth and Swarthmore Streets have been di- vided and segregated under the abovementioned January 23,1950 con- tract and other ordinances with,reference thereto, and the estimates of the cost separately with reference to each thereof is as follows: !l \~ ENGINEER'S ESTIMATE OF COSTS Estimated Amounts Proposed to be Assessed Against Abutting Properties & Owners Section Estimated Total Per Total Amount' Total Cost of Front Foot of Assessment No:. Description Improvements Incl. Curb Proposed 2A-N ~ 4100 Lehigh St. ab~tting Lots 14 & $1045.00 9.405 940.50 15, Blk. 20, College Court. 3A-S i- 4109 Dartmouth St. abutting Lots 7 & 8, Blk. 19, College Court. 1132.78 9.405 1019.50 1 -N i 4200 Dartmouth St. :~ abutting Lot 23, Blk. 9, --- College Court. 522.50 9.h05 470.25 \_~ 2 -S i- 4200 Dartmouth St. abutting Lot 13, Blk. 8, College Court. 522.50 9.405 470.25 3 -S i- 4100 Lehigh St. , abutting Lot 2, Blk. 21, College Court. 522.50 9.405 470.25 4 -s i- 2400 Lehigh St. abutting Lot 9, Blk. 6, 'College' Court. 522.50 9.405 470.25 5 -N i- 3800 Swarthmore St. abutting Lots 16 & 17, Blk. 15, College View. 10h5.00 9.405 940.50 6 -N i 3860 Swarthmore St. abutting Lot 12, Blk. 15, College View. 522.50 9.405 470.25 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 o 241 1\ I I 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 abutting properties and the real and true mvners 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 given by, but subject to all of the provisions of, the Acts of the hOth 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. I -.-! -----, I 1 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 Universit,y Place, Texas, at 8:30 ptclockP.M. on Februar,y 10,1950, in the City Hall of said citYP{_We9t 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 inter- est in any of such properties, 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 ~ssessments, and proceedings, and on ~ny 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., qf,.t.he proposed assessments, the ,lien and liability thereof, the special benefits to the abutting property and owner thereof by means of the improvements for which assess- ments are to be levied, and'accuracy, sufficiency and regularity and/ validity of the proceedings, and the contract in connection with such improvements and proposed assessments. ~I I I I _I 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 re- spective 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 abutting property or the owner thereof in excess of the benefits to said property in the enhanced value thereof by reason of said improve- ments; 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 the Revised Civil Statutes of Texas; and to evidence the amounts so assessed and to evi- dence such lien and the rights and liabilit~~s of the parties, assign- able certificates shall be issued which shall bear interest, all as set forth in the respective ordinances above referred to and Which shall hereafter be passed, and as provided by the above referred to Article 1105-b. That said amounts payable by the property owners as determined "'I . I '. I :..LII TI'l11 . -z -.:: :~ J.;:-. r.. . I :'42 at said hearing, shall be payable in five equal installments, one in- stallment to be due and payable in-thirty days after the compietion of said improvements and the acceptance thereof by the City of West Uni- versity 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 accepta~ce 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 bef ore, i;.h.~ir maturity by payment of principal and interest thereon, and said certif- icates as may be issued to evidence such assessments shall provide that, in the event of default in payment of any installment thereuponwh,en due, whether of principal or interest, the whole of such certificate may be matured and declared due at the option of the holder thereof. Sectionp. The City Secretary is hereby directed to give notice of the hearingh~reinbefore 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 set out and included within any of the designated sections; and to all mvning and clai~ng a~ 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 inserted at least three times i~ t~e 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 g~neral 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 ter~s the nature of the improvements for which assessments are proposed to be levied and to which such ~otice 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~butting property, and such property on each such highway or portion with refer- ence to which the hearing mentioned in the notice is to'be held; and shall state the estimated total cost of the improvements on each such highway and por~ion 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 proposed improvements and the proposed assessments consistent With these proceedings as the City Secretary deems proper and sufficient to ac- quaint thpse to whom it is directed with the fact that such hearing is to be held and that satd 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 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. / o n I : LJ I~ LJ -~\ I I i, ,----" PASSED this the 23rd day of January, 1950. 2,43 'Commissioners Buschardt-, Hamlett, Holman, Terry and Mayor' Lanman voting,aye. None - voting no. APPROVED this the 23rd day of Janu.ary, 1950. ATTEST: ~I J ~ " ~.,-~,Y' , Cite tary . ----, , I I -.J ,"':::::1 . ....'., "j--:' ':J. . __ _ r. ___, ___,___~.J.J!!..1I1 Texas " ~,