HomeMy WebLinkAboutORD 804 - Approving & Adopting Estimates on Various Portions of Paving Permanent Improvement
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ORDINANCE NO. 804
AN ORDINANCE APPROVING AND ADOPl'ING ESTIMATES OF TEE COSTS AND THE
VARIOUS PORTIONS OF THE COST FOR THE PAVING AND TEE PERMANENT IMPROVE-
MENT OF cmTAIN PORTIONS OF:
SWARTBMDRE STREET IN TEE 3800 AND 4000 BLOCKS;
AMHERST STREET IN THE 4100 BLOCK;
BYRON STREET IN THE 4000 AND 4100 BLOCKS;
RILEY STREET IN THE 4000 AND 4200 BLOCKS;
BROWNING STREET IN. THE 3800 AND 4000 BLocKS;
MARQUETTE STREET IN THE 3800 AND 4200 BLOCKS;
OBERLIN STREET IN THE 3800 AND 4200 BLOCKS;
CASE STREET IN TEE 4000 AND 4100 BLOCKS;
CASON STREET IN TEE 4100 BLOCK;
SOUTHWESTERN STREET IN THE 4200 BLOCK;
DARTMOUTH STREET IN THE 4200 BLOCK;
IEHIGH STREET IN TEE 4200 BLOCK; AND
WEST POINT AvENuE IN THE 6400 BLOCK BETWEEN CASE AND BYRON STREETS,
IN TEE CITY OF' WEST UNIVERSrry PLACE, TEXAS, PREPARED BY TEE ENGINEER FOR
THE Crry, PURSUAET TO LAW, AND AS REQUIRED BY EARLIER ORDINANCE; DETER -
:MINING THE l\1ECESSITY FOR AND DECLARING THE JJiJTENTION OF ASSESSING PART OF
THE COST OF SUCH IMPROVEMENTS AGAINST PROPERTIES ABUTl'ING ON SAID PORTIONS
OF SAID STREETS AND THE OWNERS THEREOF IN THE AMOUNTS AS sET FORTH IN SAID
ESTIMATE,; PROVIDING FOR AND ORDERING THAT A BEARING BE HELD AND GIVEN TO
ALL OWNING OR CLAIMING ANY SUCH ABUTl'ING 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 TJME AND PLACE OF
SUCH HEARING; DIRECTING THAT TEE CITY SECRETARY GIVE NOTICE THEREOF AS
REQUIRED BY LAW, AND DECLARING AN EMERGENCY.
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WHEREAS, the City Commission of the City of West University Place,
has heretofore, by Ordinance No. 801, passed and approved May 14, 1962,
determined the necessity for, and ordered the improvement in a permanent
manner of the heretofore designated portions of certain streets 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 referred
to and approved in and by said ordinance, said streets and portions thereof
having been segregated and divided into separate and segregated sections
as hereinafter stated; and
WHEREAS, a contract has been entered into by and between the City
and Russ Mitchell Constructors, Inc. for the construction of said improve-
ments on the respective segregated, separate and,unrelated Sections Nos.
1 through 27, as authorized by Ordinance of June 25, 1962, 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 rr ORDAINED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
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Section 1. That the city Commission 'of the City of West Uni-
versity Place, having examined 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.prepared and filed as required by Article 1105b
of the Revised Civil Statutes of Texas, hereinafter referred to an~ by
the Ordinances heretofore passed directing the preparation and filing
, thereof; which such estimate of costs, signed by the Engineer and dated
June 21, 1962, and setting forth the respective segregated, separate
and unrelated sections into which the improvements have been divided
and segregated and as to which the above mentioned contract has been
let, and the estimates of, the cost separately with reference to each
thereof is as follows:
m
ENGINEER'S ESTIMATE OF COSTS
Estimated Amounts Proposed to be Assessed
. Against Abutting Properties & Owners
Section
No.
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Description
Estimated
Total Cost of
Improvements
1
N ~ Swarthmore st. ,.from Eline
of Lot 16,Blk.15,Collegeview 1st
Addn.to W line of College Ave. $2,24~.85
S ~Swarthmore St. from E line of
Lot 5,Blk.14, Collegeview 1st Addn.
to W line of College Ave. 3,025.63
2
3
N ~ Amherst st . from E line of Lot
8, Blk.23, Colonial Terrace to W
line of West Point Ave. '4,407.56
S ~ Amherst st. from E line of Lot
19, Blk.24,colonial Terrace tow
line of West Point Ave. 4,407.57
4
5
Byron st. from W line of Weslayan
to E line of Academy 7,777.78
6
Riley st. from E line of Community
to W line of West Point Ave. 7,091.33
7
Browning st. from E line of College
Ave. to W line of Auden Ave. 9,102.72
8
Marquette st. from E line of Com-
munity to W line of West Pt.Ave. 7,09$.00
9
Oberlin st. from E line of Com-
munity toE line of West Pt.Ave. 8,987.77
Oberlin st. from W line of College
to Wboundary line of City of
South Side Place 9,497.89
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Total Per
Front Foot
Incl. Curb
Total Amount
of Assessment
Proposed
$7.00
$1,170.40
7.00
1,870.40
7.00
3,010.00
7.00
3,010.00
7.00
7,000.00
7.00
6,388.20
7.00
7,81L30
7.00
6,388.20
7.00
6,318.20
7.00
6,540.80
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Section
No.
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Description
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Estimated
Total Cost
of
Improvements
11
Case st. from E line of Academy to
W line of Weslayan Ave. $7,777.78
Cason St. from E line of West Point
to W line of Fairhaven 5,548.12
4230 Dartmouth - Lot 23, Blk. 9,
College Court Place 444~44
4213 Dartmouth - Lot 13, Blk. 8,
1
College Court Place 444.44
4201 Dartmouth - Lots 14 & 15,
Blk. 8, College Court Place 888.89
4227 Lehigh - Lot 9~ Blk. 6,
College Court Place 444.44
4019 Browning - Lots 6 & 7,
Blk. 3, Bissonnet Place 888.89
4030 Swarthmore - Lot 18, Blk.34,
Collegeview 4th Addn.
12
13
14
15
16
17
18
19
4109 Case - Lots 15, 16 & 17,
,
Blk. 27, Colonial Terrace
20 4125 Byron - Lot 20, Blk. 28,
Colonial Terrace
21 3807 Marquette - Lot 9, Blk. 3,
Collegeview 1st Addn.
22 3809 Marquette - Lots 7 & 8,
Blk. 3, Collegeview 1st Addn.
23 3815 Marquette - Lot 6, Blk. 3,
Collegeview 1st Addn.
24. 4201 Southwestern - Lots 13 & 14,
Blk. 4, Colonial Terrace
25 4019 Riley - Lot 5, Blk. 24,
Collegeview 1st Addn.
26 4039 Riley - Lot 1, Blk. 24,
Collegeview 1st Addn.
27
VI ~ of West Point from S line of
Case to N line of Byron,abutting
Lots 12 & 13, Blk.9, Col. Terr.
,444.44
1,333.33
444.11-4
444.44
888.89
444.44
944.89
444.44
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1,733.33
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Total per Total Amount
Front Ft.. of Assessment
Inc.Curb Proposed
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$7.00
$7,000.00
7.00
4,993.31
8.00
400.00
8.00
400.00
8.00
800.00
8.00
400.00
8.00
800.00
8.00 . 400.00
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8.00 1,200.00
8.00
400.00
8.00
400.00
8.00
800.00
8.00
400.00
8.00
850.40
400.00
8.00
8.00
400.00
o
8.00
1,200.00
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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 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 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 49th
Legislature of the State of Texas, 1927, First Called Session, 'relating
to street improvemeni:;:sand assessments therefor, and being Chapter 106
of the General and Special Laws of said Session, as amended, said
Act being commonly known 'as Article 1105b, Revised Civil statutes of
Texas, in and as part of the Charter of said City.
Section ~. The City Commission does hereby provide for an order
tpat a hearing be held by and before the City Commission of the City of
West University Place, Texas, at 7:30 o'clock P.M. on July 16, 1962,
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 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 pro-
ceedings, and on any matter as to which hearing is consti t,utional
prerequisite to the validity of any assessment authorized by the above
mentioned Act, and to contest the amounts. of the proposed assessments,
the lien and liability thereof, the special benefits to the abutting
property and owner thereof by means of the improvements for which as-
sessments 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.
Section 4. That following such hearing, assessments will be levied
against said abutting propertJ and the real and true owners thereof,
whether correctly named 01' not and whether known or unknown, in the re-
spective ~mounts 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 1105b of the Revised Civil sta-
tutes of Texas; and to evidence the amounts so assessed and to evidence
such lien and the rights and liabilities of the parties, assignable cer-
tificates shall be issue.dwhichshallbe payable in installments. and
shall bear interest all as set forth in the Ordinances above referred to
initiating and ordering such improvement, and as provided by the above
referred to Article 1105b!
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Section 5. The City Secretary is hereby directed to give notice
of the hearing hereinbefore ordered, which notice shall be directed
to all owning or claiming any property abutting upon any of the re-
spective portions of the streets hereinabove set out and included
within any of the designated sections; and to all owning and claim-
ing any interest therein, and to all interested in any assessment
or any of the proceedings with reference thereto; and said notice
shall be giv~n by advertisement thereof inserted at least three
times in the official newspaper of the City, the first publication
to be made at least 10 days' before the time of the hearing, to witj
by insertion at least three times in the Houston Chronicle, a news-
paper published in the City of Houston and having a general
circulation in the City of West University Place, Texas.
Section 6. In said notice the City Secretary shall describe
in general terms the nature of the improvements for which assess-
ments 'are proposed to be levied and to which such notice 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
abutting property, and such property on each such street or portion
with reference to which the hea.ringme,J1t~.pne~ in the ~otice'is ~9 be
held; and shall state the estimated total costs of the improvements
on each such street and portion of 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 in-
formation regarding the proposed improvements and the proposed
assessments consistent with these proceedings as the City Secretary
deems proper and sufficient to acquaint those to whim 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 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 finally on the date of its introduction, this the 25th day of
June, 1962, and shall take effect immediately upon its passage and
approval by the Mayor.
PASSED AND APPROVED THIS TEE 25TH DAY OF JUNE, 1962.
COMMISSIONERS VOTING AYE All
COMMISSIONERS VOTING NO None
ATTEST:
v~t\~e4j'-~
STUART L. LAMKIN, Mayor of the City
of ' West University Place, Texas
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