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HomeMy WebLinkAboutORD 668 - ORD Approving and Adopting Estimates and Costs Portions for Paving and Permanent Improvement .1.:.>1; I.j;:: I.....: . , J 222 ORDINANCE NO. 668 r-y AN ORDINANCE AP:P.ROVING AND ADOPI'ING ESTIMATES OF THE COSTS AND THE VARIOUS PORTIONS OF THE COST OF TEE PAVING AND THEP.ERMA.NEN'I' IMPROVEMENr OF: I~j Section 1, University Boulevard between Lake street and Westchester Avenue Section 2, University Boulevard between Mercer Avenue and Edloe Street Section 3, University Boulevard between Weslayan street and Community Drive IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PREPARED BY THE ~GI- NEERS FOR THE CITY, PURSUANr TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETERMINING THE lmCESSITY FOR AND DECLARING THE IN- TENTION OF ASSESSING PART OF THE COST OF SUCH IMPROVEMENTS AGAINST :P.ROPERTIES ABUTTING ON SAID PORTIONS OF SAID STREErS Am> TEE OWNERS TlIEREOF IN THE AMOUNTS AS BEn' FORTH IN SAID ESTIMATE; PROVIDING FOR AND ORDERING THAT A BEARING BE EELD AND ,GIVEN TO ALL OWNING OR. CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INrEREST THEREIN, AS TO SUCH PROPOSED ASSESSMENTS AND PROCEEDINGS AND AS TO arHER MATTERS RELATING TO SUCH IMmOVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING; DIRECTING THAT THE CITY SECRETARY GIVE NOTICE THEREOF AS REQUmED BY LAW,' AND DECLARING AN EMERGENCY. II WHEREAS, the City Commission of' the City of' West University Place, Texas, has heretofore, by Ordinance No. 658, passed and approved May 10, 1954, determined the neces~ity f'or, and ordered the permanent improvement of, certain portions of' University Boulevard in the City of' West University Place, Texas, by the construction thereupon of concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, in accordance with plans and specifications ref'erred to and approved in and by said ordinance, said , streets and portions thereof' having been segregated and divided into separate and segregated sections as hereinaf'ter stated; and, !---.J WHEREAS, a contract has been entered into by and between the City and Russ Mitchell, Inc., f'or the construction of said improvements on the respect- ive segregated, separate, and unrelated Sections Nos. 1, 2 and 3, as authorized by Ordinance of Jurte 28, 1954, and which contract has been amended and addenda added thereto, as 8ruthorized by Ordinance of' July 26, 1954; 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 said Sections; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commdssion of' the City of' West University Place, having examined same, does hereby f'ind that the estimate of the costs as prepared and filed by the Engineer f'or the City has been duly and regularly 11 , j [ n [1 I~ 223 prepared and f'iled as required by Article 1105b of' the Revised Civil statutes of Texas, hereinafter referr.ed to and by the Ordinances heretof'ore passed directing the preparation and filing thereof'; which such estimate of' costs, signed by the Engineers and dated July 26, 1954, and setting f'orth the re- spectivesegregated, 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 reference to each thereof is as f'ollows: ENGINEER'S ESTIMATE OF COST Section No.1. University Boulevard between Lake Street and Westchester Avenue: Estimated cost of the whole improvement $18,250.25 $18,250.25 Estimated amount per front f'oot proposed to be assessed against abutting properties and owners; (curbs:$0.70; improvements exclusive of' curbs: $5.65 6.35 Total estimated amount proposed to be assessed against abutting properties and owners 15,#81.30 Section No.2. University Boulevard between Mercer Avenue and Edloe street: Estimated cost of' the 'whole iiD:provement 1,365.19 Estimated amount per front f'oot proposed to be assessed against abutting properties and owners (curbs: $0.70; improvements exclusive of' curbs: $7.15 7.85 Total estimated amount proposed to be assessed against abutting properties and owners 1,177.50 Oce:tioa No. J. Uni versi ty Boulevard between Weslayan Street and Community Drive: Estimated cost of' the whole improvement 1,178.36 Estimated amount per froqt f'ootproposed to be assessed against abutting properties and owners (curbs: $0.70; / improvements exclusive of' curbs: $3.40) 4.10 Total estimated amount proposed to be assessed against abutting properties and owners 1,025.00 The City Commission having eXamined same, does hereby approve and adopt the foregoing estimates of costs and each pprtion 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 l' ,.1'1 .. --'-'1 II~ r ..1.1 I I':' L--.~~_ . -.....1. 224 improvements against the properties abutting upon the respective portions of' each of' s~id 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 indicated and set f'orth in said estimate; 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 49th Legislature of the state of Texas, 1927, First Called Session, relating to Street improvements and assessments theref'or, and being Chapter 106 of the General and Special Laws of' said Session, as amended, said Act being commonly known as Articles 1105b, 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 ~_J Section ~. The City Commission does hereby provide f'or an order that a hearing be held by and bef'ore the City Commission of the City, of' West Uni- versity Place, Texa~, at 7:30 o'clock P.M. on August 12, 1954, at 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 f'orth, and all owning and claiming any interest in any of' such properties, and all in- terested in any assessment or any of' the proceedings with reference thereto sha.:n have the opportunity and right at such hearing, to be heard as to the proposed assessments, and proceedings, and 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 amounts of' the proposed assess- ments, the lien and liabiiity thereof, the special benefits to the abutting property and owner thereof by means of the improvements for which assessments are to be levied, and accuracy,suff'iciency and regularity and validity of the proceedings, and the contract in connection with such improvements and proposed ,assessments. I~ I '---' Section 4. That following such hearing, assessments will be levied against said abutting property and the real ~nd true owners thereof, whether correctly named or not and whether known or unknown, in the respective ~ounts 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 benef'its 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 1105b of' the Revised 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 certif'icates shall be issued which shall be payable in installments and shall bear interest, all as set f'orth in the Ordinances above referred to initiating and qrqering such improvement, and as provided by the above referred to Article 1105b. Section S. The City Secretary is hereby directed to give notice of' the hearing hereinbef'ore ordered, which notice shall be directed to all owning or claiming any property abutting upon any of the respective portions I~I of the streets hereinabove set out and included within any of' the designated , -..J n L o n I I , I LJ 225 sections; and to all owning and claiming any interest therein, and to all interested in any assessment or any of' the proceedings with ref'erence thereto; and said notice shall be given by advertisement thereof inserted at least three times in the of'f'icial newspaper of' the City, the first publication to be made at least 10 days before the time of the hearing, to wit, by insertion at least three times in the Houston Chronicle, a newspaper published in the City of' Houston and having a general circulation in the City of' West University Place, Texas. ' In sa1d 'notice the City Secretary shall describe in general terms the nature of the improvements f'or which assessments are proposed to be levied and to which such notice relates, shall state the streets and high~ays and the portion, or portions, thereof', to be improved; shall state the estimated amount or amounts per front f'oot 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 f'urther data and'information regarding the proposed improve- ments and the proposed assessments consistent with these proceedings as the City Secretary deems proper and suff'icient to acquaint those to whom it is directed with thef'act that such hearing is to be held and that said'persons have a right and shall be aff'ordedan opportunity to be heard and to inf'orm them of' the matters upon which they are entitled to be heard. Section 7. The fact that the portions of the streets hereinbef'ore stated are in need of' improvement as promptly as possible creates a public ,emergency, and, theref'ore, this Ordinance shall be passed finally on the date of' its introduction, this the 26th day of JUly, 1954, and shall take ef'fect immediately upon its passage and approval by the Mayor. PASSED this the 26th day of JUly, 1954. COMMISSIONERS Gof'f',Mooney and Nisbet and Mayor Morris Voting Aye. COMMISSIONERS None VOTING NO. Approved this, the 26th day of' July, 1954. ~~~. Mayor of the City of Wes . versi ty Place, Texas ATTEST: I ~ . ,r),i# ~ "'Ci ty- Secret , r r-1 Irr 1 lilt