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HomeMy WebLinkAboutORD 867 Determing & Approving of Certain Locations .J..lIIIIIlI..11r .. 1"1 ., II I I :210 ORDINANCE NUMBER 867 o AN ORDINANCE DETERMINllifG THE NECESSITY FOR AND ORDERING THAT CERTAIN PORTIONS OF: SUNSET STREET IN THE 4100 AND 4200 BlDCKS THEREOF; NORTHWESTERN STREET IN THE 3800 BLOCK THEREOF; BROWNING STREET llif THE 3900 BLOCK THEREOF; COMMUNITY DRivE' IN THE 5900 THROUGH 6700 BLOCKS THEREOF; MILTON STREET IN THE' 4200 BLOCK THEREOF; COLLEGE AVENUE IN THE 6100 BLOCK THEREOF; BYRON STREET, llif THE 3900 BlDCK THEREOF; OBERLIN STREET IN THE 4000 BLOCK THEREOF; RILEY STREET llif THE 4100 BlDCK THEREOF; RUSKIN STREET IN THE 4000, 4100 .AND 4200 BLOCKS THEREOF; CASON STREET IN THE 4100 BlDCK THEREOF, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPROVE- MENTS; PROVIDING FOR SEGRmATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS, EACH OF WHICH SECTION SHALL BE TREATED AS ~ A SEPARATE AND COMPLETE UNIT; DIRECTING AND REQUIRING THE 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 DESCRIPTION OF THE RESPECTIVE PROPERTIES; PROVIDING THAT A PART OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER 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 PROVIDED BY LAW AND TO ADVERTISE FOR BIDS TO BE RECEIVED , AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. o WHEREAS, the City Commission has heretofore considered the advisability and necessity of the improvements in a permanent manner of the hereinafter designated portions of certain streets; an~ plans and specifications for such improvements have been prepared by the engineering firm of LOCkwood, Andrews and Newnam, Inc., and submitted to the City Commission by the City Engin~er; and having examined and considered such plans and specifications, ',the, O}j..ty..CommisEiion has decided to initiate the improvements of said portions of 'said stree~s; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o ""2'11 o Section 1. The City Commission of the City of West Uhiversity Place, Texas, hereby determines the necessity for, and orders the improve- ment in a permanent manner of these certain portions of: SUNSET STREET IN THE 4100 AND 4200 BLOCKS THEREOF; J:iJ'ORTHWESTERN STREET IN THE 3800 BLOCK THEREOF;.' BROWNING SnmET llif T1IE 3900 BLOCK THEREOF; COMMUNITY DRIVE IN THE 5900 THROUGH 6700 BLOCKS THEREOF; MILTON STREET IN THE 4200 BLOCK THEREOF; COLLEGE AVEl'IDE IN THE 6100' BLOCK THEREOF; BYRON STREET IN THE 3900 BLOCK THEREOF; OBERLIN. SnmETllifTHE 4000 BLoCK THEREOF; RILEY STREET IN TEE. 4100 BLOCK' THEREOF; RUSKIN STREET IN THE 4000, 4100 AND 4200 BLOCKS, THEREOF; CASON STREET IN THE "4100 BLOCK THEREOF,' by the constructiori. thereupon of a 6--inch concrete,payement with monolithic curbs, and appurtenances and incidentals to such improvements, axl as pro- vided by the plans and specifications hereinafter ref'erredto; said improve- ments 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 Lockwood, Andrews and Ne-wnam, Inc.'and 'submitted to the City Com- mission by the City'Engineer andherei:i:J.afterapproved and adopted. c The City Coinmission hereDand now approves and adopts the plans and specifications for such improvements as heretofore prepared by the firm of Lockwood, Andrews and Newnam, Inc. and submitted to them by the City Engineer.. Section 2. The streets and portions thereof herein ordered improved shall be and are hereby segregated and divided into separate and segregated sections, which sections: to be iinproved::are as follows: Sec'bion "1. Sunset Street from ,the east lme of Community Drive to the west line of Academy street, excepting that Hpart of Sunset Street between the eas-tandwest right-of- way' lines of, ,Fairmount. Street~ . J'. . ... .I r: ~ ,.~.... ' ~ ~ .' Section 2. Northwestern Street from 'the ea:st' ll,ne of College Avenue east 467:2 feet to' the d~adend~ and Browning street from' the east line of, WeslayanAvenue to the west line of College Avenue. Section- 3.' The west,one-half,o:fComrriun:LtyIkive'from the 'south line, of' Bassonnet Avenue to the north line of Amherst " ,j; Street.- 'i ,;' ',:..,,:, '_ "',' ," SeCtion4...."East one-half of Communi-tyDdve'fromthe south line of Bissonnet Avenue to the north line of Amherst Street, o ~ JllTIli~----i------- 1--- "-' - r1 r---. - ---T--------~r-----_____:-'-f--- j r'2'!" . ,IV excluding that east one~half portion of ,Community Drive which lies between the north and south right-of-way lines of Tennyson street, Rice Boulevard and Milton Street, respectively. Section 5. West one-half of Community Drive from the south line of Amherst Street to the north line of Byron Street. Section 6. East one-half of Community Drive from the south line of Amherst Street to the north line of Byron Street, excluding that east one~half portion of Community Drive which lies between the north and south right-of- way lines of University Boulevard, Swarthmore street and Case Street, respectively. Section 7. West one;half' of Community Drive from the south line of Byron Street to the north line of Mar~uette Street. Section 8. East one-half of Community Drive from the south line of Byrop street to the north line of Mar~uette Street, excluding that east one~half portion of Community Drive which lies between the north and south right-of- way lines of Oberlin street and Mar~uette Street, respectively. Section 9. West one-h~lfof Community Drive from the Houth line of Mar~uette street to the north line of the ~O-foot reserve strip which adjoins the Y.M.C.A. property along its north property, line. Section 10. East one-half of Community Drive from the south line of Mar~uette street to the north line of the 20-foot reserve strip which adjoins the X.M.C.A. property along its north property line, and excluding that, east one-half portion of Community Drive which lies between the north and south righ~-of-way lines of Southwestern, Riley and Ruskin Streets, respectively. , " ~..J " Section 11. Milton street, from the east line of Community Drive to the west line of West Point Avenue. , Section 12. College Avenue from the north line of Milton Street to the south line of Rice BoulevaFd. Section 13. Byron Street from the east lin~,of Weslayan Avenue to the west line of College Avenue; and Oberlin Street from the east line of Academy Str~et to the west line of Weslayan Avenue; and Riley Street from the East line of West Point Avenue to the west line of Academy Street, excluding that part of' Riley Street between the east and west right-of-way lines of Fairhaven Street. o n U o m' 1 ' ! . o ! 1 J ! .~, II I " 'l1'l k iJ Section-14. Ruskin street from the east line o:t:Community , Drive to the, west line of West"Point Avenue. ' Section 15. Ruskin Street from the east line of West Point Avenue to the.west..line of Fairhaven StreE;t. Section 16. Ruskin street from the east line of Fairhaven Street to the west line, of Academy Street. Section 17. Ruskin street from the east line of Aca~emy Street to the west line of Weslayan Avenue. Sectionl8.- ' Cason Street from' the eas,t lin~of Fairhaven Street to the west line,of Aqademy Street. Section.~.Each of the abov~.design?ted s~c~ions into which the improvements ordered ~ereby,are ,divided, an~the contract and all proceed- lngs 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 sepa- rate instruments and contracts and prneeedingshad been executed, had been ;pef'fqrriled for.,each such- section separately, and ,to the same effect and extent as though separ:;3.teassessment procee,dings",~eIte;',had :B,or,':eacli such section, so that each such respective section hereinabove so designated shall be a separate and distinct" unit" unto itself, ,wb.olly , unrelated to and independent of each other such, section; and these~uence in which said re,spect,ive segregated' sections and each.,portion of, the work therein shall be constructed and the respective beginning dates thereupon shall be determined by the City Engineer. Section ~ The City Engineer here and now is directed, as soon as he may conveniently do so, ,to prepare: an',estimate, of ,the. cost of such improve- ments and each portion thereof, as provided by Article ',ll05-B hereinafter mentioned, and to prepare alsoawritte,n statement which, shall contain the names of the persons, firms, corpprationsand estates owning property abut- ting upon the respective portions of said streets hereby ordered to be improved, and by,the owners. of such,:property, as fpl10ws, 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 in front of their res- pective properties and shall pay not to exceed nine-tenths (9/10) of the remaining cost of such improvements as,sh~vm on the estimate thereof by the Engineer herein~bove erdered~o be made by him,. provided, however, that in no event shall the cost of said improvements, to,be paid by' the abutting property and.the real and true owners thereof exceed' the total cost for curbs and nine-tenths (9/10) of the estimated cost of such improvements exclusive of curbs as so estimated by the Engineer. I. I I 1llln,r .JiIllIll II "H . ~ , .' I'll 21.4 (b) The City of West university Place shall pay all of the remaining-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. o , , The amO'unts 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 per sonalliab ili ty 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 ten'. (10) e~ual instailments, one installment .to be due and payable in thirty '(30} days after thecompietion of said improvements and the acceptance thereof by the City of West University Place, and another'installrUent in' a -like amount to'be due and:, payable in one, two:; three,' four,' five; 'six; seven, 'eight and nine years respectively, after said date of' acceptance with interest thereon from said date of acceptance at the raj3'eof 'six per cent (6%) per annU!J1, payable annually, 'With eight per cent (8%)-" interest on past due principal and interest, but. said property owner's"shall ha'Ve the privilege of, paymerit'oI'prin- cipal'arid;interestthereO'n,--and such certiI'icatesas may be' issued to evidence such assessments and each portion thereof shall provide that. in the event of default'in pa;Ymeritofany, installment' thereupon when due, whether of principal' or interest, the whole of such certificate maybe matured and declared' due at the option of the holder thereof. n I I U Section 6i Upon completion and acceptance by the City of WestUniversity Place of the improvements to be constructed as herein ordered, Certificates of Special Assessment 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 assessment'S against each -respective property and said, Certifi- cates shall,be delivered to the city~ -Section, 7.' This ordinance is' adopted and all of the further proceedings in connection with such improvements and the construction thereof and such assessments shall be pursuant to the powers given by and in accordance with the provisions of the Acts of the 40th Legi- slature of the State,(:)f TeXas, -1927,- First Called Sessio~,' 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 Articlell05-B, Revised Civil Statutes of Texas, 1925, and having been adopted by the City of West UniVersi tyPlace . in Article XXII of the Charter of the City of West University Place, Texas, and other provisions of said Charter. Section 8. The City Secretary is hereby directed to file a Notice of the adoption of this ordinance with the County Clerk of Harris County, Texas, pursuant to the provisions of Article 1220-A of the Revised Civil Statutes. n ((',215 The City Secretary is further directed to advertise for sealed bids for such work and improvement in accordance with the plans and speci- fications hereinabove adopted and approve.d; which bids maybe received by and filed with the City Secretary at or before 7:30 p.m. o'clock, July 7, 1966. Section 9. The fact that the portions of the streets herein ordered improved within the limits herein defined and qtated 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 13th day of June, 1966, and sl:mll take effect immedi- ately upon its passage and approval by the Mayor. PASSED AND APPROVED this 13th day of June, 1966. COJIJillissioners Voting Aye: v Cbmmiqsiop.ers Voting No,: All None JuL"'~' ~MAru.tt ' ATTEST: ~-,~tUJ s' tan '&i ty cre ary " ,'3,;) '" APPROVED AS TO FORM: City Attorney 0;,4,,; : .::." -.'f- .- -.:.-" X~~. _. _~_~__:----"-'-----'-____._.____.___.__,__--'--___ .. .Ii_-,- LI- , ~-~. : __ _ ~::L L _~:..:~n'2i;JLJLlt)H!llTIllir .