The URL can be used to link to this page

Home My WebLink AboutORD 1219 Ordering improvements to portions of Albans, Case and Emory Streets ",-'-, J ~.IIilllI.I.lI,JI~";U'--.L1L_,J. rTJrr.T--j--- . ! I J b.o -:_._ ._ ... ~ :...J ~QU138 ORDINANCE NUMBER 1219 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CERTAIN PORTIONS OF: ALBANS STREET IN THE 4200 BLOCK THEREOF; CASE STREET IN THE 3800 BLOCK THEREOF; EMORY STREET IN THE 4200 BLOCK THEREOF IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED, APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IM- PROVEMENTS; PROVIDING FOR SEGREGATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS, EACH OF WHICH SECTION BE TREATED AS A SEPARATE AND COMPLETE UNIT; DIRECTING AND REQUIR- ING THE CONSULTING ENGINEER FOR THE CITY TO PREPARE AN ESTIMATE FOR THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IMPROVED, TOGETHER WITH A DES- CRIPTION OF THE RESPECTIVE PROPERTIES; PROVIDING THAT A PART OF THE COST OF THE SAID IMPROVEMENTS SHA~L BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FUR- THER PROCEEDINGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE UNDER AND BY VIRTUE OF ARTICLE 1105-B OF THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, AS PRO- VIDED BY LAW; AND DECLARING AN EMERGENCY. I WHEREAS, the City Council has heretofore considered the advisability and necessity of the improvement in ~ permanent manner of the hereinafter de- signated portions of certain streets; and plans and specifications for such im- provements have been prepared by the engineering firm of Langford Engineering, Inc. and submitted to the City Council; and having examined and considered such plans and specifications, the City Council has decided to initiate the improve- ments of said portions of said streets. I ----.J NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Council of the City of West University Place, Texas, hereby determines the necessity for, and orders the improvement in a permanent manner of these certain portions of: ALBANS STREET IN THE 4200 BLOCK THEREOF, CASE STREET IN THE 3800 BLOCK THEREOF EMORY STREET IN THE 4200 BLOCK THEREOF by the construction thereupon of a 6-inch concrete pavement with monolithic curbs and gutters, and appurtenances and incidentals to such improvements, all as provided by the plans and specifications hereinafter referred to; said im- provements to be of materials and to be constructed in the manner provided in the plans and specifications therefor, heretofore prepared by the engineering firm of Langford Engineering, Inc. and submitted to the City Council by the con- sulting engineer and hereinafter approved and adopted. '-----" n I i LJ n u n H00139 The City Council here and now approves and adopts the plans andspeci- fications for such improvements as heretofore. prepared by the f.irm"of Langford Engineering, Inc. and submitted to them by the consulting engineer. Section 2. The streets and portions thereof herein ordered improved shall be and a,re hereby segregated and divided into separate and segregated Sec- tions, which sections to be improved ~re as follows~ Section 1. Albans Street from centerl ine of Fairmont to centerl ine of Community Section 2. Case Street from centerline of College to dead end Section 3. Emory Street from centerline of Fairmont to centerline of Community Section 3.. Each of the above designated sections into which the improvements ordered hereby are divided and the contract and all proceedings with reference thereto and to each portion of the work shall be separate as to each of said sections, to the same effect and extent as though separate instru- ments, and contracts and proceedings had been executed, had been performed for each such section separately, and to the same effect and extent as though separate assessment proceedings were had for each such section, so that each such respective section he~einable so designated shall be a separate and dis- tinct unit unto itself, wholly unrelated to and independent of each other such section; and the sequence in which said respective segregated sections and each portion of the work therein shall be constructed and the respective beginning dates thereupon shall be determined by the consulting engineer. Section 4. The consulting engineer here and now is directed, as soon as he may conveniently do so, to prepare an estimate of the cost of such im- provements and each port i on thereof, as prov ided by Art i c 1 e 11 05-6 here i nafter mentioned, and to prepare alsoa written $tatement which shall contain the names of the persons, firms, corporations and estates owning property abutting upon each portion of each street ~erein ordered improved within the limits named, with the number of front feet owned by each, describing each such pro- property either by lot and block number or in any manner sufficient to identify it. Section 5. A part of the cost of such improvements shall be paid by the City of West University Place and a part thereof shall be paid by the property ~butting upon the respective portions of said streets hereby ordered to be improved, and by the owners of such property, as follows, to wit: (a) The respective properties abutting upon each street within the limits hereinabove defined and the real and true owners thereof shall pay all of the costs of and with reference 'to curbs and gutters in front of their re- spective properties and shall pay not to exceed nine-tenths (9/10) of the re- maining cost of such improvements as shown on the estimate thereof by the con- sulting engineer hereinabove ordered to be made by him, provided, however, that in no event shall the cost of said improvements to be paid by the abutting pro- perty and the real and true owners thereof exceed the total cost of curbs and gutters and nine-tenths (9/10) of the estimated cost of such improvements ex- clusive of curbs and gutters as so estimated by the consulting engineer. (b) The City of West University Place shall pay all of the remainder of said cost of said improvements after deducting the amounts herein specified to be paid by the abutting property and the real and true owners thereof as set out in sub-paragraph (a) above. ~,. r....-I __ __ ___~.---'-..__L..._,i...l.1f) -c-------,-----r-'--'-",-----n --'r'-"'~'.,"n~mn~l~nrmm~'~: ~ , ,n n'--~n'" -=:I. L:J.. '-'-' -' ~---'--------- -. .1 IlIIIUIl 1::1 I ru:,,~ljLk -U.L;..l..L, _"__1____. _ ___ _ .rnrr 1 TY1~ I~ .- -. -'".1 I. ..1 L.,L" ::....l ;jOU140 The amounts payable by the abutting property and the real and true owners thereof, shall be assessed against such property and the real and true owners thereof, and shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and true owners thereof and shall be payable as follows, to wit: That said amounts payable by the property owners shall be paid in five (5) equal installments, one installment to be due and payable in thirty (30) days after the completion of said improvements and the acceptance thereo by the City of West University Place, and another installment in a like amount to be due and payable on the second, third, fourth and fifth anniversary date of the acceptance date with interest thereon from said date at the rate of eight (8%) percent per annum payable annually. Interest on past due principal and interest shall accrue at the rate of eight (8%) percent per annum. The said property owners shall have the privilege of payment of anyone or more of said installments before their maturity by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessments and each portion thereof shall provide that in the event of default in payment of any installment thereon shall provide that in the event of default in pay- ment of any installment thereupon when due, whether of principal or interest, the whol of such certificate may be matured and declared due at the option of the holder thereof. Section 6. Upon completion and acceptance by the City of the im- provements to be constructed as herein ordered, Certificates of Special Assess- ment shall be issued with reference to each abutting property and which shall evidence the assessments for the work as hereinabove provided, and the liens of said assessments against each respective property and said certificates shall be delivered to the City. Section 7. This ordinance is adopted and all of the further proceed- in~s in connection with such improvements and the construction thereof ~nd such assessments shall be pursuant to the powers given by and in accordance with 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 Sta- tutes of Texas, 1925. \ i ! '------/ Section 8. The City Secretary is hereby directed to file a notice of the adoption of this ordinance with the County Clerk of Harris Count, Texas, pursuant to the provisions of Article 1220-a of the Revised Civil Statutes. Section 9. The fact that the portions of the streets herein ordered improved within the limits herein defined and stated are in need of improvement as promptly as possible, creates a public emergency, and therefore this ordi- nance shall be passed finally on the date of its introduction this 19th day of December, 1983. PASSED AND APPROVED this 19th day of December, 1983. ATTEST: ~0?-~ ~aJv ~af1 1::1 I="nr-r-' M::IYOr- Lee Lockard, City Secretary n o r LJ HOU141 NOT ICE NOTICE IS HEREBY GIVEN that the C'ityCouncil of the City of West Uni- versity Place, Texas, by Ordinance Number 1219 duly and regularly passed and approved on the 19th day.of December, 1983, did determine the necessity for an order the improvement of: Section 1. Albans Street from the centerline of Fairmont to the centerline of Community (being the 4200 block thereof) Section 2. Case Street from the centerline of College to dead end (being the 3800 block thereof) Section 3. Emory Street from the centerline of Fairmont to the centerline of Community (being the 4200 block thereof) in said City of West University Place, Texas, by the construction thereupon of a concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements; and did determine and order that a part of the cost of the improvements is to be and shall be specially assessed as alien upon the respective properties abutting upon said respective portions of the streets so ordered improved. Pursuant to Article 1105-b of the Revised Civil Statues of Texas, assignable certificates will be issued and delivered evidencing the amounts and portions of the costs of the fmprovements specially assessed against each respective abutting property and the owner's thereof; and as provided in'said Article 1105-b and Article1220~a of the Revised Civil Statutes of Texas, said liens shall take effect and be in force at and from the filing of this notice, which is prepared and filed pursuant to directions of the City Council of the City of West University Place, Texas, as contained in the above mentioned in- tiation ordinance. IN WITNESS WHEREOF, I have executed this Notice as City Secretary of the City of West University Place, Texas, with the Seal of said City hereto affixed, this the 19th day of December, 1983. /s/ Lee Lockard, City Secretary City of West University Place, Texas --- r-.-.-n-'---- -_._--.'"fT,-"rr"m'f'!'.!'m~!~~ rT'''--''-'._'-''''-~_.---_._-