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HomeMy WebLinkAboutORD 194 - approving and adopting written statement; cost per front foot proposed� 4 P ORDINANCE NO.�1L4_ AN ORDINANCE APPROVING AND ADO -TING THE ENGI- NEER FOR THE C ITY S S WRITTEN STAT EIt E NT AND RE - PORT OF THE ESTI121'.TES OF TIE COST PER FRONT FOOT PROPOSED TO B_{1P ASSESSED AGAINST ABUTTING PROPERTY AND THE TRUE O �'MERS THEREOF FOR THE IMPROVEMENTS OF CERTAIN STREETS BY THE CONSTRUC- TION OF SIDE,'VALKS ON SAID STREETS, IN FRONT OF, OR ADJACENT TO, ALL ABUTTING PROPERTY ON EACH SIDE OF EACH STREET `HERE THERE IS NO SIDEWALK WITHIN THE. FOLLOWING AREA: BEGINNING at a point in the north line of Bell- aire Boulevard at the intersection of the west line of City of SouthSide Place; THENCE westwardly with the north line of Bell- aire Boulevard to its intersection with the east right of way line of the Humble Pipe Line Company right of way for corner; THENCE northwardly with the east right of way to its intersection with the south right of way line of Richmond Road for corner; THENCE in a north northeasterly direction with the south right of way line of Richmond Road to its intersection with the east boundary line of College View Third Addition for corner; THENCE in a southerly direction with the east line of Uollege View Third, Second and First Additions and continuing with the southerly projection of said line to the place of BEGINNING, and including Lots.l to 31 inclusive, Cambridge Place, all of Fairhaven Addition, Colonial Terrace Addition, College View First, Second and Third Additions and two acreage tracts be- lOnging to Yrs. T. W. Cunningham, IN TIM! CITY OF WEST UNIVERSITY 'LACE, TEXAS; DE- TERMINING AND FIXING THE SAID COST TO BE PAID BY SAID ABUTTING PROPERTY M THE TRUE OWNER THEREOF: AND DETERMINING THE NECESSITY OF LEVY- ING AN ASSESS, "; ,7T AGAINST SAID ABUTTING PROPERTY AND THE' REAL, AND TRUE OWNER THEREOF FOR SAID COSTS; ORDERING AND ,,SETTING A IlE RING AT 8LOCK P. MI. , ON TIE �.��G� DAY OF Q_ q 4 a , .4 1940) IN THE CITY COUNCIL CHAMBER, IN TIE CITY OF � WEST UNIVERSITY PLACE, AS A TINE, AND PLACE FOR A HEARING OF THE REAL AND TRUE OFaYNER OF THE SAID i ABUTTING PROPERTY AND ALL OT HERS INTERESTED IN SAID PROPERTY AND IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENT AND PROCEEDINGS DIRECTING THE CITY SECRETARY OF THE CITY OF trEST UNI VERSITY PLACE, TEXAS TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LA,AI S O =' TH STATE OF TAE' XA.S, AND THE ORDII\D NCE S OF THE CITY OF v',E ST UNITJERSITY PLACE, TEXAS AND FURTF -R DIRECTING SAID CITY SECRETARY, IN ADDITION TO NOTICE OF SAID HEARING AS REQUIRi -"D BY L,1_7, `,4HICH SHALL BE VALID AND SUF- FICIENT IN ITSELF TO INCLUDE IN SAID NOTICE A LIST OF EACH OF THE STRE TS WITHIN THE AREA DE- FIEMD AS SET OUT IN SAID Ei1GINLER FOR THE CITYI S WRITTEN? REPORT; SAID NOTICE SHALL NEVERTrI ,LESS BE DIREICTED TO TIP,,' REt�L AND TRUE O "SNERS OF SAID ABUTTING PROPERTY, VMETHER NAKED OR NOT, AND DECLARING AN E1Z'RGENCY. WHEREAS, the Board of Commissioners of the City of Nest University Place,. Texas has heretofore on the 23rd day of Septem- ber A.D. 19402 by duly enacted ordinance determining the necessity for and ordered the improvement of certain streets by the construc- tion of sidewalks on said streets, � in front of, or adjacent to, all_.abutting property on each side of each street where there is no sidewalk within the following area: BEGINNING at a point in the north line of Bell- aire Boulevard at the intersection of the west line of City of South Side Place; THENCE westwardly with the north line of Bell- aire Boulevard to its intersection with the east right of way line of the Humble Pipe Line Company right of way for corner; T'''NTCE northwardly with the east right of way to its intersection with the south right of way line of Richmond Road for corner; THENCE in a northeasterly direction with the south right of way line of Richmond Road to its intersection with the east boundary line of College View Third Addition for corner; THENCE in a southerly direction * th the east line of College View Third, Second and First Additions and continuing with the southerly projection of said line to the place of BEGININIM , AND including Lots 1 to 31 inclusive, Cambridge Place, all of Fairhaven Addition, Colonial Terrace Addition, College View First, Second and ,'hird Additions and two acreage tracts be- longing to Mrs. 1. 7% Cunningham, in, the "'ity of West University glace, Texas, within the limits therein defined, and hereinbelow set out, by excavating, raising, grading and filling same and by constructing N Iff sidewalks with one of the materials therein named, which material for said sidewalk has been duly selected by s &id Board of Commissioners to be: Four (4t) feet wide and four (411) inches thick, made with shell concrete base containing not less than five (5) sacks of cement per cubic yard, topped monolithic with not less than one- fourth (1/4 ") inches of dry sand . and cement topping con- taining not less than nine (9) sacks of cement per cubic yard. and , IiI. IEREAS; the said Board of Commissioners has caused the Engineer for the City to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against the property abutting said streets to be improved and the true owners thereof, and said Engineer for the City has heretofoPe filed said estimate and a statement of other matters relating thereto with said Board of Commissioners and same have been received and examined by said Board of Commissioners; and WHEREr1S, it is. found that there is no railway, street railway or interurban using, occupying or crossing said street or the portion thereof to be improved; and, in accordance with said statements of estimates and other matters prepared and filed by said -engineer for the City, herein approved by said Board of Com- missioners., the total estimated cost of the whole improvement on each street, or portion thereof to be improved, within the limits defined above, is as follows: the estimated amount per front foot to be assessed against each abutting property and the true owners thereof for the construc- tion of said improvements if $0.60 per lineal foot, the total estimated amount per front foot to be assessed against each abutting property and the true owners thereof is $0.60; the estimated total cost of said improvements to be paid by said abutting property and the true owners thereof on each street is as f ollows: and, tiJYEREAS, the written statement of said Engineer for the City contains the names of the owners of said abutting property, the number of front feet owned by each, the des- — I es- J 101 cription of their property, the amount proposed to be a-;§tessed against each such abutting property and the true owners thereof, and other matters pertaining to said im- provements: NGfT , TERREFURE , BE IT ORDAIMEED BY TIE BOARD OF COhZr,IS- SIONERS OF TIC CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 7 ,. That the written statement and report Hof the Engineer for the �'ity heretofore filed with the Board of Oommis- sioners, showing the estimated total cost of the whole improvement on each of said streets, within the limits above defined, the es- timated amount per front foot proposed to be assessed against the abutting property and the true owners thereof on each of said streets, or portion thereof to be improved, the estimated amount per front foot proposed to be assessed against said abutting property and the true owners thereof for said improvements, the total esti- mated cost of said improvements to be paid by said abutting proper- ty and the true owners thereof, and _the names of persons, firms, corporations and estates owning or purporting to own property abut- ting on said streets, with the limits above defined, with the num- ber of front feet owned by each and the description of their proper- ty, having been received and examined by the Board of Commissioners said report-is hereby in all things approved and adopted. Section 2. That it is hereby found and determined that. the total cost of the whole improvement on each of said streets or portion thereof to be improved, within the limits above defined, is as follows: the amount per front foot of the costs to he assessed against each abutting property and the real and true cimers thereof for the construction of said improvements is $0.60 per lineal foot; the total amount per front foot of the hosts to be assesses against the abutting property nd the real-and true owners there- of for said improvements is 40.60 per lineal foot; the total co st of said improvements to be paid by said abutting property and the true owners thereof on each streot is as follows: . Section 3: That all of the costs of said improvenents- shall be paid by and assessed against the property abutting upon said streets within the limits above defined, and against the real and true owners thereof in accordance with, and in a manner provided by the. acts of the 40th legislature of the State of Texas, 102 First Called Session, Chapter 106, and known and shown as Article 1105 -b, of Vernonts Annotated Vivil Statutes of Texas, -� and as adopted by the City of West University Place, Texas; and that the total costs of said improvements shall be paid and de- frayed by the property abutting on each of said streets, within the limits above defined, and the real and true owners thereof shall pay the total cost of construction, re- construction., re- pairing and realigning said sidewalks in front of or along side of their respective property, within said limits above defined, and the said cost for such improvements shall be assessed against said abutting property and the real and true owners thereof; provided, however, -that no amount shall be assessed against any such abutting property or the real and true owners thereof-in excess of the benefits to said property in the enhanced value thereof by reason of said improvements and that said cost which may be assessed against such property and its real and true owners shall be in accordance with the "Front Foot Rule or Plant' in-proportion as the frontage of such property is to the frontage to be improved; pro- vided that it it shall appear at the hearing on Special Benefits hereinafter provided for, that the application of such Rule or Plan will result in inequality or injustice, then such rule of apportionment shall be applied as will in the opinion of the Board of Commissioners, produce substantial justice and equality between respective parcels of property and the true owners there- of, considering the special benefits in enhanced value to be re- ceived and burdens imposed, all in accordance with and as provided for in said Acts of the 40th Legislature of the state of Texas, First Called Session, Chapter 106, as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid and become payable in five (5) equal installments, one in thirty (30) days after the comple- tion of said improvements and the acceptance thereof by the City of Vest University Place Texas and another installment in a like amount in three (31, six �6), nine (9) and twelve (12) months from and after the date of said acceptance, together with interest thereon from said date of acceptance at the rate of seven (76 /.)per cent. per annum; but said property owners shall have the privilege of paying any and all of said installments before their maturity by a payment of the principal and accrued interest to date of said payment. Section 4: That a hearing be given to the real and true owners and all owning or claiming any interest in any property abutting upon said portions of said streets, within the limits above defined, and to all others owning,.claiming or interested in said property or any of said matters as to the assessment and to the amount of be assessed against each parcel of property and the real and true owners thereof , and as to the benefits to said property to be received from said improvements, if any, or con - cerning any error, invalidity, irregularity or deficiency in any proceeding or contract with reference thereof, or concerning air matter or thing connected ther- eWith, which hearing shall be held by the Board of Commissioners of said City in the Council Chamber at the City Hall in the City of West University Place, Texas.at 103 o'clock P. M., on the day of , A. D. 1940, at which time all persons, firms, corporations or estates, owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, or persons interested in said proceedings are notified to appear and to be heard in person or by counsel and may offer-evidence; and said hearing shall be adjourned from day to day and from time to time and kept open until all protests have been duly heard; and the 0ity Secretary of the City of 'Vest University Place, Texas, is hereby ordered and.directed to give notice of said hearing by publication hereof in some newspaper of general circulation in the City of `ffest University Place, Harris County, Texas; said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publication shall be at least ten (10) days prior to the date of said hearing, and such notice by publication shall be valid and sufficient-t' =withbut any further form of notice, all as provided for and in accordance with the terms and provisions of Chapter 106, of the Acts of the First Called Session, of the 40th Legislature of the State of 'Texas, known and shown as Article 1105 -b, of Vernon's Annotated Civil Statutes of Texas, and as adopted by the City of `hest University Place, Texas, The names of persons, firms, corporations and estates purported to be the owners .of the property abutting on each of said streets within the limits above defined, as set out in' -the roll or state- ment of the. Engineer for the City hereinabove referred to, shall .merely be cumulative of and in addition to the requirements of said notice as provided by law of the State of Texas and the Ordinance of the City of 01eSt University Place, Texas, and shall not in any manner be conclusive as to the real and true owners of said abutting property, but said notice shall nevertheless be directed to the real and true owners of said abutting property, and to all persons owning, claiming or interested in any manner in any of said abutting property on said street within the limits above defined. Section 5: That following such hearing as above provi- ded, assessments will be levied against said abutting property and the real and true .owners thereof for that portion of the cost of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof , and such assessments when levied shall be a personal liability of the real and true owners of said abutting property, and a first and prior lien upon said abutting property. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to' so state the fact, and it shall not be necessary to give the correct name of any such owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but neverthe- less the real and true owner of said abutting property shall be .valid whether or not such owner be correctly named. Section 6: The fact that the present conditions of said portion of said street endangers the public health and safety, and it is necessary that such improvements be proceeded with as soon as 104 possible, and the same are now being delayed pending the taking effect of this ordinance, creates a public emergency requiring that this ordinance shall take effect and be in force immediately from and after the date _of its passage and approval. PASSED AND APPROVED this the day of , A. D. 1940. Mayor ?-h ;a., it secretary