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HomeMy WebLinkAboutORD 754 - ORD Approving & Adopting Estimates Cost and Various Portions of Paving & Improvement 193 ORDINANCE NO. 754 ] 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 l ~ 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, ---- I ~, 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 ....Ifl L--J----I [94\ to and approved in and by ord~nances heretofore duly passed; and ~ ',~'dl",!ii';ltr ,.'11;.....- ':I: 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 c o 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 ~ --r-.. I ,- - !" .-- "-.'--'--, l1r- 195 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 .J ~ I I----J __I -" ' [96 Section 5, VAlIDERBILT AVENUE BETWEEN CARNEGIE STREET AND BELLAIRE BOULEVARD Estimated total cost of while i~provements $3,990.00 [] 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. o 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. o 1'97 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 .~ =".:.....~---~~....~~~_..~- ~--:I.- ....J..LI ,..I" '---I ., l ..,,,~ ~.. , t9H 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. o ATTEST: ~'~.~8_) Cit cretary . o