HomeMy WebLinkAboutORD 321 - ORD Determing, adopting and approving Plans & specifications for Improvements
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ORDINANCE NO. 321
AN ORDIN~.NCE DETEm::INING TII~ lTIWESSITY FOR AND
ORDERING TH.A T
UNDTE:iSI'Yf BOl"!L~?';VA:::1D from the west line of KIRBY
DRIVE to the east line of CQ1JIMUJ\ITTY DRrrE; and
WESLAYAN STREET from the south line of RILEY STR3ET
tEast of ~eslayan street) to the south line of
Richmond Road; and
RIC~ BOULEV_-">RD from the west- line of KIRBY DRIVE to
the 'i'vest line of B:2U:ONT srrREET; and
AUDEN 3T3SET from the north line of U~~ERSITY
BOULEVA~D to the north line of RICE BOUL~VARD,
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IN THE CITY OF ~JEST UFIV:;::;::WITY PLACE, TEXAS"
SHALL BE IL:FROVsD :ADOPTL':C- AND APPROVING
PLANS ~;]\m SP:;:GCIFICATIO~TS FOR SUCH IMPRCVE-
M~~~S; PRCVIDING FOR SEGP~GATIOR OF P02TIONS
..OF 8.AID STREETS INTO SEPARATE SECTIONS. EACH
OF ;'tHICH SECTIONS 3~:;:;\LL BE TREA'l'ED AS A SEP;;..
ARA T"l~ AND CCl.=PL~TE ~Tl'TIT; DIRECTn:G AND REQ,UIR-
IHG TH3 GARl."1ETT ENGINEERING COI:Pl;l~, ENGIImERS
FOR THE CITY, 1:(' P~EPNiIT AN ESTn.':ATE OF .'TIm COST
OF SUCH IJ\:PJ.OVl::::r,,:ENTS AND A ';\TRITT:EN" ST:\ ?~T;j'ETTT OF
TIff!: NL1.3S CF THE C:TNERS OF THE PROP3RTIES ABUTT-
ING ON EACH PORTION OF EACH STRT~T TC BE n.:PR011ED,
TCGE'YS:::R ~'f.ITH A DESCRIPTION OF THE RK3PECTT'iJZ PRO-
PERTI3S; PRCVIDI~::G rrH.;~T A :rA:qrr OF THE GO ST CF SAID
n'P~o'tEr';ET\:TS SHALL B~ PAID BY ':n~-n CITY A!m A PART
OF TfE cCCST OF rITH:;;:: SAID IJ(pnOY=~"~:r'TS SHALL B~ PAID
BY liND ASSZSSED AGAINST THE J\BUTTDT- E1CPE2TY AND
T:-U C';l}mRS THEREOF, AJ\1J) FeR INCIDENTAL MATTERS;
DECLARING THAT THIS ORDII':rA==CE AIm ALL FURTI-IER PRO-
CEEDIlJGS rt}~LAj:ING TO 3UC:S IKPROV:8:"2L'TS i\~1S AND
SHAI~L Bl~ UF'D3R AIm B~:' VIRTJE OF ARTICLE 1105 (b)
OF THE :rC;:VIEE:J ST.ll,TUTES OF TEXAS; DIRECTHJG THE CITY
SECRETARY TO FILE A NOTICE OF THIS CRDIFLCjEC~ WITH
'..tl.l:frl: COUNTY CLEiIK OF HA:1RIS COUNTY, TEXAS ,AS PRO-
VIDED BY IAV'1 .drm TO ADVERTISE FOR BIDB TO BE RE-
CEIVED AND FILED WITHIN TIP.~ Tllilli PROVIDED; AND DE-
CLARING AN EJ\lERGENCY.
~~illREAS, the City CO~uission of the City of West University
Place, Texas, has heretofore considered the advisability and nec-
essi ty of the permanent imprOVelJlent of the hereinabove and herein-
after stated portions" of certain streets in the City of West Uni-
versity Pla ce, Texas, and plens and' specifications for such im-
provem.ents have been prepared by Garrett Engineerj,ng Company, En-
gineers for said City, and submitted to the City vommission; and
,.having examined and considered said plans' and specifications, the
City Commission has decided to initiate the improvement of .said
portions of said streets; now, Therefore,
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BE IT ORDAINED BY THE CITY COJlWlISSION OF Tf:IE CITY OF
ciffi3T UNIVERSITY PL!\ CE, TEXAS:
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Section 1. The City Oommission of the City of :V"est
University Place, Texas, ~ereby determines the necessity for
and orders the permanent improvement of
University Boulevard from the west line of Kirby
drive to the east line of COFmunity Drive; and
~eslayan street from the south line. of diley
Street (east or ~eslayan street) to the south
line of hichmond Road; and
Rice Boulevard from the west line of Kirby Drive
to "the west line of BelmontStreet; and
nuden Street from the north line of University
Boulevard to the north line of Rice Boulevard,
in the City of West University Place, Texas, by the construction
thereupon of a concrete pavement with monolithic curbs, and
appurtenances and incidentals to such improvements, all as pro-
vided by the plans and specifications hereinafter referred to;
~aid improvements to be of materials and to be constructed in
the manner provided in the plans and specifications therefor
heretofore prepared and submitted to the City Cormnission by
Garrett Engineering Company, Engineers for said City, and here-
inafter approved and adopted.
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The City Commission here and now approves and adopts
the plans and specifications for such improvements heretofore
prepared and submitted to it b.y said Garrett Engineering Com-
pany, Engineers for the City of West University Place, Texas.
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 and the
respective approximate widths thereof (measured from the back
side of the curb on one side of the street to the back side of
the curb on the opposit side of the street) to be improved are
as follows:
Section No.+: Auden Street from the north line of
University Boulevard to the north line
of lice Boulevard - - - 40 feet wide;
Section No.2: University Boulevard from the west line of
AUden Street to the east line of Edloe
Street - - - 52 feet wide; and
University Boulevard from the east line of
Edloe Street to the east line of Kercer
Street - - - 40 feet wide;
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Section No. 3: University Boulevard from the east line of
[ Mercer street to the east line of Vanderbilt
street - - - 40 :feet wide;
Section No. 4: University Boulevard from the east line of
Vanderbilt Street to the west line of Kirby
Drive - - - 40 feet wide;
Section No. 5: Hice Boulevard from the west line of Kirby
Dri v e to the west line of Belmpnt
street - - - 36 feet wide;
Section No. 6: University Boulevard from the west line of
Auden street to the east line of Coramuni ty
Drive - - - 36 feet wide;
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Section NO.7: Weslavan Street from. the north line of
University Boulevard to the south line of
Richmond Road - - - 36 feet wide;
Section No.8: :f'J'eslayan street !'rom the north line of
University Bouley.ard to the south line of
Riley street (east of '7eslayan street)
36 feet wide.
Section 3: 3ach of the above designated sections of the
improvements ordered hereby, and the contract and all prooeedings
with reference thereto shall be s?~arate as to each of said sec-
tions, to the same effect and exte,nt as though separate instru-
ments and contracts had been executed for each such section sep-
arately, and to the same effect and extent as thOU~l separate
assessment proceedings were had tor each suc4 section, so that
each such respective section hereinabove designated shall be a
separate and distinct unit unto itself, Wholly unrelated to
and independent of each other such section; and the sequence in
which said respective segregated sections shall be constructed
and the respective beginning dates thereon shall be determined
by the ~ngineers herein mentioned.
Section 4: Garrett Engineering Company, Engineers for
the City, is here and now directed, as soon as it may conven-
iently do so, to prepare an estimate of the cost of such improve-
ments, as provided by Article 1105-b hereinafter mentioned, and
to prepare also a wrttten statement which shall contain the
names of the persons, firms, corporations and estates owning pro-
perty abutting upon each portion 01' each street herein ordered
improved wi thi:h.':the limits named, with the number of front feet
owned by each, describing such property either by lot and block
number or in any manner sufficient to identify it.
Section 5: Apart of the cost of such improvements shall
be paid by the City of ~est University Place ahd a part thereof
shall be paid by the property abuttir~ upon the portions of said
street hereby ordered to be improved, and by the owners of such
property, as follows, to-wit:
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(a) The property abutting upon s aid streets 'within t]J.e
limits hereinabove defined and the real and true owners thereof ~,J
shall pay all of the costs of curbs in front o:t' their respective
properties and shall pay not to exceed nine-tenths (9/10) of
the remaining cost of such improvements as shown on the estimate
thereof by the Engineer hereinabove ordered to be made by it,
exclusive, however, of the cost of such improvements within in-
tersections of said street with other streets, avenues and alleys
as so estimated; 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 of
curbs and nine-tenths (9/10) of the estimated cost of such improve
ments exclusive of curbs as so estimated by the Engineer.
(b) The City of ~est University ~lace shall pay all
of the remainder of said cost of said improvements after de-
ducting the amounts herein specified to be p'"3.id by the abutting
property and the real and true owners thereof.as set out in sub-
paragraph (a) above.
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 sha11 constitute a first
and prior lien upon such abutting property, and a person~l liabil-
i ty of the real end true OVILer thereof, and shall be payable as
follows, to-wit:
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That said ~lounts payable by the property owners shall be
palO ln ten (10) equal installments, one instsllment to be due
and payable in thirty (30) days after tIle comRletion 01' said im-
provements and the acceyt~nce thereof by the vity of West Univer-
si ty Place, and another installrn.ent in a like amount to be Que
and payaole in one, two, three, four, five, six, seven, eight
and nine years respectively after said date of acceptance, with
interest thereon tram saiC date of accGntance at the rate of
five (5~) per cent per annum, payable a~nually, but said property
owners s11all have the p2ivilege of' p8?ing anyone or Llore of said
inst8.11ments before their maturity by paymen.t of' princi;;;>al and
interest thereon, end such certificates as may be issued to evi-
dence such assessments shall provide that in the event of default
in paying e.ny installment thereupon 'when due, ",vhether of principal
or inte.i"est, the \:J"hole of such certificate may be matured and de-
clared due at the option of the holder thereof.
Section 6: This ordinance is adopted and all of the
further proceedine;s in connection with such improvem.ents and the
construct.ion thereof 2nd such assessments shall be pursuant to
the powers given by 'Jnc~ in accordance "vi th the provisions of the
Acts of the 40th LegislatlITe of the State of Texas, 1927, First
r<r 11 "c', 1 t. J- , ,.
vd eQ 0esslon, re a lng ..,0 s'GreelJ lIIlprovenents and assessments
therefor, and being O~Bpter 106 of the General and 30ecial Laws
0"'" SC"'l -1 -; ....{e .. - __ .....:1 i a -=:J _ -'-"I . .t
1. C2.LC I,:) SSlOll, as aIileLaeQ, salll G Ct.., oelng cocm.r:nly known as
Article 1105-b, 3evised Civil Statutes of Texas, 1925, and hav- .
ing been adopted 13::7 the Oi ty of Jest T~niversi tv Place in Article
XXII of the Charter of the 'Ci ty of n!est Uni versi ty Place, Texas.
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. S~?tion,7: ~he City Secretary is hereby directed to
flle a nm~lce of the ado;Rtion of this ordinance wi th the County
Clerk of Harris County, ~exas, pursuant to the provisions of
Article 122(Q)....a of' tIcs Revised Cfvil Ststutes.
The City Secretary is further directed to advertise for
sealed bids for such work 'and improvement in accordance with the
plans and specifications hereinabove a.dopted and approved; which
bids may 'be received by and filed with ths City Secretary at or
before 7:30 o'clock P.M. July 19, 1946.
Section 8: The fact that the portions of the streets
herein defined and herein ordered improved within the limits
herein defined and stated are in need of improvement as promptly
as possible, created a public emergency, and therefore this Ordi-
nance shall be passed finally on the date of its introduction,
this 1st day of July 1946, and shall take effect immediately upon
its passage and approval by the Mayor.
Passed this 1st day of July, 1946.
Approved this 1st day of July, 1946.
Ma~~~Y
Place, T.exas.
ATTEST:
Ci ty Secretary, City of 'Nest
University Place, Tex.
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