HomeMy WebLinkAboutORD 754 - ORD Approving & Adopting Estimates Cost and Various Portions of Paving & Improvement
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ORDINANCE NO. 754
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AN ORDINANCE APPROVING AND ADOPrING ESTIMATES OF THE COSTS AND THE
VARIOUS PORTIONS OF TEE COST OF TEE PAVING AND THE PERMANENT IMPROVE1YJENT OF:
Section 1, , Westchester Avenue between University
Boulevard and Duke street
Section 2, , Westchester Avenue between Cason Street
and Bellaire Boulevard
Section 3, Rutgers Avenue between University
Boulevard and Duke Street
Section 4, Rutgers Avenue between Cason Street
and Bellaire Boulevard
Section 5, Vanderbilt Avenue between Carnegie
Street and Bellaire Boulevard
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I],\T TEE CITY OF WEST UNIVERSrry PLACE, TEXAS, PREP.AR81) BY TEE CITY ENGINEER,
PURSUANT TO LAW, AND AS RE~UIRED BY EARLIER ORDINANCE; DETERMINING THE
NECESSITY FOR AND DECLARING THE INTENTION OF ASSESSING PART OF TEE COST OF
SUCH IMPROVEMENTS, AGAINST CERTAIN PROPERTIES ABUTTING ON SAID PORTIONS OF
SAID STREET AND TEE OWNERS THEREOF IN THE AMOUNTS AS SET FORTH IN SAm
ESTIMATE; PROVIDING FOR AND ORDERING THAT A HEARING BE FJELD AND GIVEN TO
ALL OWNING OR ClAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN,
AS TO SUCH PROPOSED ASSESS~,jENrS AND PROCEEDINGS AND AS TO OTHER MATTERS
RELATING TO SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH
HEARING; DIRECTING THAT THE Crry SECRETARY GIVE NOTICE THEREOF AS REQUIRED
BY LAW, AND DECLARING AN EMERGENCY.
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 the following streets, to-wit:
Section 1, Westchester Avenue between University
Boulevard and Duke Street
Section 2, Westchester Avenue between Cason Street
and Bellaire Boulevard
Section 3, Rutgers Avenue between Unive~sity
Boulevard and Duke Street
Section 4, Vanderbilt Avenue between Cason Street
and Bellaire Boulevard
Section 5, Vanderbilt Avenue between Carnegie Street
and Bellaire Boulevard,
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in the City of West University Place, Texas, by the construction thereupon
of a compacted stabilized shell base and three course inverted penetration
wearing surface, and by the construction, reconstruction, repairing and
realigning of curbs and gutters, and appurtenances and incidentals to such
improvements, in accordance with detailed plans and specifications referred
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to and approved in and by ord~nances heretofore duly passed; and
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WHEREAS, as authorized by ordinance of February ~ 1959, the D:'i.
improvements are to be executed by the City Street Department under the
direction and supervision of the City Engineer and, pursuant to law and
the above ordinances, said City Engineer has prepared and filed an estimate
of the cost of said improvements and of the various portions thereof; NOW,
THEREFORE ,
BE rr ORDAINED BY THE, Crry 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 City Engineer 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 ordinances heretofore
passed directing hhe preparation and filing thereof. The City Commission,
having examined same, does hereby approve and adopt the following estimates
of costs and each portion thereof, to-wit:
Section 1, WESTCHESTER AVENUE BETWEEN UNIVERSITY
BOULEVARD AND DUKE STREET
Estimated total cost of whole improvements
Estimated amount per front foot proposed to
be assessed against abutting property and
owners for Curb and Gutter
Estimated amount per front foot proposed to
be assessed againstabutti~g property and
owners for improvements exclusive of Curb
and Gutter
Total Estimated amount per front foot of
property to be assessed against abutting
property and owners
Total Estimated amount proposed to be
assessed against abutting property and
owners
Section 2, WESTCHESTER AVENUE BETWEEN CASON STREET '
AND BELLAIRE BOULEVARD
Estimated total cost of whole improvements
Estimated amount per front foot proposed to
be ass~ssed against abutting property and
owners for Curb and Gutter
Estimated amount per front foot proposed to
be assessed against abutting property and
owners for improvements exclusive of Curb
and Gutter
$2,873.00
0.41
0.84
1.25
1,800.00'
1,600.00
0.41
0.84
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Total estimated amount per front foot of
property to be assessed against abutting
property and owners
Total estimated amount proposed to be
assessed against abutting property and
owners'
Section 3, RUTGERS AVENUE BETWEEN UNIVERSrry
BOULEVARD AND DUKE STREET
Estimated total cost of whole improvements
Estimated amount per front foot proposed
to be assessed against abutting property
and owners for Curb and Gutter
Estimated amo~nt per front foot proposed
to be assessed against abutting property
and owners for iwprovements exclusive of ,
Curb and Gutter
Total estimated, amount per front foot of
property to be assessed against abutting
property and owners
Total estimated amount proposed to be
assessed against abutting property and
. owners
Section 4, RUTGERS AVENUE BETWEEN CASON STREET
Al\!D BELLAIRE BOULEVARD
Estimated total cost of whole improvements
Estimated amount per front foot proposed
to be assessed against abutting property
and owners for Curb and Gutter
Estimated amount per front foot propos~d
to be assessed against abutting property
and owners for improvements exclusive of
Curb and Gutter
Total estimated amount per front foot of
property to be assessed against abutting
property and mvners
Total estimated amount proposed to be
assessed against abutting property and
owners
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1.25
1,000.00
$2,873.00
0.41
0.84
1.25
1,800.00
$i,600.00
0.41.
0.84
1.25
1,000.00
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Section 5, VAlIDERBILT AVENUE BETWEEN CARNEGIE STREET
AND BELLAIRE BOULEVARD
Estimated total cost of while i~provements
$3,990.00
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Estimated amount per front foot proposed
to be assessed against abutting property
and owners for Curb and Gutter
0.41
Estimated amount per front foot proposed
to be assessed against a~utting property
and owners for improvements exclusive of
C1.;trb and Gutter
0.84
Total estimated amount per front foot of
property to be assessed against abutting
property and owners
1.25
Total estimated amount proposed to be
assessed against abutting property and
owners
2,500.00
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 im-
provements'ag~inst the properties abutting upon their respective portions
of said streets as herein above 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 forth 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 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.
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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 Uni-
versity Place, Texas, at 7:30 o'clock p.m. on March 2~rd. 1959, in the City
Hall of said City of West University Place, Texas, at which time and place all
, owning any property abutting upon said portions of streets, and within the
limits as hereinabove set forth, and all owning and claiming any interest in
any of such properties, and all interested in any assessment 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, 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 con-
test the amounts of the proposed assessments, the lien and liability thereof,
the special benefits to the abutting prop~rty and owner thereof by means of
the improvements for which assessments are to be levied; and accuracy,
sufficiency and regularity and validity of the proceed1ngs in connection with
such improvements and proposed assessments.
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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 determined at suc~ hearing to be payable by said re-
spectiye abutting properties and the real and true owners thereof; provided,
howeve~, 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 improvements; said assessments are to
be levied and to be secured by the first and prior lien against said respec-
tive 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 evid~nce 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 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 at said
hearing, shall be payable in four e~ualinstallments, one installment to be
due and payable in thirty days after the completion of said improvements and
the acceptance thereof by the City of West University Place, and another in-
stallment in a like amount to be due and payable in one, two and three years,
respectively, after said date of acceptance, with interest thereon from said
date of acceptance at the rate of 6% 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 before their
maturity by payment of principal and interest thereon, and said certificates
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 or principal
or interest, the whole of such certificate may be matured and decl?-red due at
the option of the holder thereof.
Section 5. The City Secretary is her~by directed to give notice of the
hearing hereinbefore ordered, which notice shall be directed to all owning
or claiming any property abutting upon any portion of the street hereina.bove
set out and included within the designated limitsjandto all owning and
claiming any interest therein, and to all interested in any assessment or
any of the proceedings with reference thereto; and sa~d notice shall be given
by advertisement thereof inserted at least three times in the Houston
Chronicle, designated as the official newspaper of the City, the first publi-
cation to be made on Ma.rch 4 ,1959, a newspaper published in the City
of Houston, being the nearest to the City of West University Place of general
circulation in Harris County,said 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 portions thereof, to be improved;
shall state the estimated, amount or amounts per front foot proposed tD be
assessed against the owner or owners of abutting property, and such property
on such highway with reference to which the hearing mentioned in thenotice is
to be held; and ;hall state the estimated total costs of the improvements on
such portion of such highway and shall state the time and place at which such
hearing shall be'heM. The City Secretary may also include in'such notice
such further data and information regarding the proposed improvements and the
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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 IT
have a right and sh~ll be afforded an opportunity to be heard and to inform , '
then of the matters upon,which they are entitled to be heard.
Section 7. The fact that the portions of the streets hereinbefore
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 ~JY'c1 c1RY of February, 1959, and shall
take effect immediately upon its passage and approval by the Mayor.
PASSED this the 2 :Sret day of February, 1959.
COMMISSIONERS
Davis, Halbert, Lamkin, Lutz
and Mayor Brown Voting Aye.
COMMISSIONERS
None
Voting No.
APPROVED this the ~ day of February, 1959.
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ATTEST:
~'~.~8_)
Cit cretary .
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