HomeMy WebLinkAboutORD 567 - ORD Approving & Adopting Estimates Costs for Paving Permanent Improvements
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ORDI-NANCE, NO. 567
.AN ORDINANCE "A'PPROVI.NG -,fND ADOPTING ESTIMATES' OF'THE COSTS AND,
'THE VARIOUS PORTIONS, OF THE COST OF THE PAVING AND TH,EPERNIANENT
IMPROvEMENT OF:, '
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,Ac,adepry.s.treet from :the SOl:Ith line of Southwes.tern ,
, street to the North end of the existing pavement at
a point .approximat,ely, 120 feet North ~ of, ,the North
line: of Cason,Street. .
IN THE CITY ~OF :wES,T. ,UNIVER'SITY PLACE, TEXAS, PREPARED BY THE
ENGlNEElLFORTHECI':CY, ,I:'VRSUANT T,O LAW, AND, AS :REQUIRED BY:EARLIER
ORDINANCE; DETERMINING THE NECESSlTY FORAJID ~P.;RrNG THE INTENTION
OF ASSESSING PART.OF THE, COST ~OF SUCH.IlVIPROVEMENTS.AGAINST.CERTAIN
PROPERTIES ABUTTI~G.ON SAID' PORTIONS OF ,SAID STREE~,A~ THE OWNERS
THE~FIN 'THE AMOUNTS AS. SET FORTH IN,SAID ESTIMATE; PROVIDING
FOB AND ORDERING TEA T A HEARING BE HELD AND GIVEN T,O ALL OWNING OR
CLA:IMING' 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
~HEREOF ,AS REQUIRED BY LAW, AND DECLARING AN EMERGENCY. '
:~REAS, the City Commission of .the City of West
UniverBi~y Place~ 'Textfs' has heretofore byo-rdinanc'e d'etermined
the necessity fo~ and ordered the permanent improvement of certain
~rtions of Academy street, in the City of West University Place,
Texas by the oonstruction thereupon of reinforced concrete
" pav~ement..;w1thmonolith1;cc,urbs, and appurtenances and incidentals
to such improv,Etments, ~ in .accordance with plans and specifications
and contract, refe'rrsd"to and approved in and by ordinances here-
tofore duly passed; and
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WH~}REAS, af} ,authorized by ordinance of April 3t1 ' 1951,
a contra~t h~s b~en entered into by and between the City and
'MisJ~her-H~rrts,. Cb....tpr ,.the construction of said improvements; and
tne,~ngtne'e'r':'f.;o.rs~a:id: "01 tyhas, pursuant to law and the above
ordinances, ~pr~paredand filed an estimate of the cost of said
improvements ana\of the various portions thereof; NOW, THEREFORE,
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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 fo~ the City has been duly and~gularly prepared and
'filed as required by Article 1105-b of the Revised Civil Statutes
of Texas, hereinafter referred to and by the ordiances heretofore
passed directing ;the preparation and filing thereof; which such
estimate of costs, signed by the Engineer and dated April~o , 1951
is as follows:'
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,Engineer" s estimate. ()f costs for imp~9vement of:
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Academy street from the South, lin~' of Southwestern
street to the North endof.the.existin.g pavement at
a point approximately '120 ifeet North of, the North
line of Cason Street~ ~
Estimated' cost. of whole 'i~p~ovemen~" ~ ~,$10~167 .29
Es~imated amount~per front foot pro~ ~
posed to be assessed against abutting
properties and owners for curb $ .49
Estimated amount per front foot pro-
posed to be assessed .~g~inst.aQutting
properties' and owners"~for improvements'
exclusive .of curbs $
4.36,
,Total estimated amount J),er front .
foot proposed to be assessed ag~inst
abutting propertiesa,nd Q,wnners, ' $
4.85 .'
Total estimated amo~nt~proposed to be
. as,ses~ed against abutting properties
and owners '~. ,. .,~ ,;" .. ~ . . $ 5~917..J9 .
, . - .." ,', , .,,.- - ..-. .
---.J The City Commission, ,hav,ing ,examined same,' does hereby'appr.ove and
"adopt ~ the foreg~ing estimates of ,co:sts and each port.ion .ther.eof.
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, Sectidn 2. The City CO~ission does hereby find and
determine that it is nec'essary to make and levy assessments of a
part of the costs Of such ,.1mpr()v,ements against the,properties
abuttIng upon the respective. portions of said s:tree,:t as herein-
above s~tated~ 'a,nd agains.t t~e I.'eal:anc{ 'trUeowners ,~heI'eof ~and
does hereby de'clare. its' iIi'tention to }i!3,.s.e'ss. agai..ns:~:i .~t~i:d ,a'butting
prop,erties and the. real and true owners :th-.er.eo,f portions of, the
costs as indicated and set fo.rth -in said estimate; that said assess-
ments shall be made and', levied by virtue of the ppwers givenby~
but subject t'o all of the provisions pf, the Acts o'f the 40th
Legislature of, the State of Texas, 1927~ First,Cal1~d Session,
relating to street improve~en~s and asse~sme~ts ~perefor,. and
being Chapter 106. of, the General and Spec1,al Laws of s aid Session,
as amended~ said Act being ~ommonly kno~n as Article, 1105-b,
Revised Civil statu~ofTexas~ 1925, and having beep adopted by
the City of West Un1versity Place, Texas, in and as part of,the
. Charter of sa~d ,City. . .~
Section 3. The City Commission does hereby provide for
and order tnata hearing be he,;Ld by, a+ld before t)l~ Oi ty Commission
of the City of We.stUniversity Place,. TeX:as,'-at7:~30o'elock p.m.
on May /1 '. ~ 1951, 'in ~he Cit:y-~Hall, of, saiq. :City. of West University
Place, ~exaf:! r at whiph time~nd place' a;ll.o.WI;ling any ,property abutting
upon said portion of Academy Street." and:wfthin the limits~as
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hereinabove set forth, and all owning and claiming any interest 0
in any of such pro.perties, and all interested in any assessment ;'1
or any'of the prec~edings with reference thereto shall have the
opportunity_~dri~t aj; such nearing, tobe ,heard as to the
pr()posed~fJsessments, and prQc~e~ings-. and on any matter as to
which ,hearing is coiistitut:il)1a1a.i~, prerequi,site to the validity
of any assessment author~d by the above .,.entioned Act, and to
contest the amounts of the proposed assessments, the lien and
liabilitythereof,thespeeial benefits to, the abutting property
and owner thereof qy means of the improvements for whieh assess-
ments are to be l~yied, andaceur~cy, ,s~ficie~ey and regularity
and validity of the proceedings, 'and the contract in connection
with such improvements a~d p~oposedassessments.
Section 4. , That following/such hea~ing, Iilssessments will
be levied against said abutting proper~y and the real and true
owners thereof, __whethElr e.orre~t~"Y "nl:i.med or t)ot and whether known
or un~nown, in the respective amounts which'shall be determined at
such';,.earing to be payable by said respecti'\'e"abuttirig properties
and the real and true ,owners thereof; provided, however, that no
amount shall be assess'ad -agabist, 'anjsuch abutting 'property or
the owner thereof-'in e~ees~'qf tihe benefits to said property in
the enhanced va.-lue thereof by reason of said-improvements; said
assessments are to be levied and to beseeured by the first and
prior lien against "said respecti,veproperties ~nd a~e to be made
as provided by the above mentioned Article 1105-b of the Revised I::U
Civil Statutes of Texas; and to evidence the amounts so ~sessed
and to evidence such lien and the rights and liabili t~,es of the
parties, assignable certificateS shall be issued ~hich 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 saidamounts_, payabl'e by the property owners as
determined at said hearing, shall be payable in five equal install-
~ ments-,on:e.:;Qtallment to be due and payable, ,in _thirty da,ys after
the completi()n of said improvements ~~d the acceptance the~eof by
the City of West Uriiversi-ty Place, and another ,installment in a
like amount to,be due, and payable in one, two, three and four years,
'respectively, af1:;er 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 saia. prope~ty~owne~s shall have the privilege of paying any
t one or more of ~aid installments before their maturity by payment
of p'I'ineipaT and interest thereon, and said,pertiflcates 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.
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,section 5. The Oi ty Secretary is hereby dire,eted to, give n
. n"otice or'the hearing hereinbefore. ordered" which notice shall i I
be directed to all owning o~c,lalming any pr:operty:abutting uponL!
any portion of the. s t-reet hereinabove set out and--"included'
within the designated limits!; and to all owning and claiming any
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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 in the Southwestern
Times, designated as the official newspaper of the Gity~ the first publi-
cation to be' made on May.1 , 1951; arid' by insertion at least',three times
in some newspaper published in the City of Houston, being the n.earest to
the Gi ty of West Uni versi ty 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 tb.eCity Secretary shall describe in
general terms the nature of the improvements for which assessments are
proposedto"be( Hniied.and'to which such notiCe relates, shall state the
s:treet~and, highway and the portion thereof, to be improved; shall state the
,estimated amount or amounts per front foot proposed to be assessed against
the owner or owners of abutting property, and such property on such highway
with reference to which the hearing mentioned in the notice is to be held;
and,shall state the estimated totalcostsof,theimprovements on such portion
of such highway and shall state the time and place atwhich'such hearing
shall ~ be held. The City Secretary may' a.lso J.rlclude 'in such notice such
further data and information regarding the proposed improvements and the pro-
posed 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 have a right
and-shall be afforded an opportunity to be heard and to inform tlhem of the
matters upon'which they are entitled to be heard.
Section 7. The fact that the portions of the street herein-
before stated are in need of improvement as promptly as possible creates a
public emergency;, and, therefore, this Ordinance shall be passed finally
on the date of its introduction, this the ,30th 9,ay of April,1951, and shall
take effect ~ediately upon its passage and approval by the Mayor.
PASSED' this, the.:fo~'d~YOf :A~ril,~951.
COMMISSIONERS Hangs. >II(lJl1~l'l.' Mooney and NiSbet;- ,
;;jnrl M~yol' p";r.'.'';l;prn Hr.1 m~n
"ITot.ing aye.
COMMISSIONERS: .None
, i ,." APPROVED' this' .th~~aa;~fAPril) 1951.
voting no .
ATTEST: LY
cAJ~.....
City Secr a" ~ - , " '
APPROVED :
~Dv~{,~~,~ .
City Attorn '
.
4/vuv~
~ Mayor ,of. -the qity of West
University Plac:e,Texas
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