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Home My WebLink AboutORD 335 - ORD Determined the necessity of improved, adopting and approving plans .1 JI J Lt" . ..1 230 - ORDINANCE NO. 335 LJ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT UNIVERSITY BOOLEV ARD FROM' THE -wEST LINE 0l.F KIRBY nRIVE TO THE EAST LINE OF COMMUNITY DRIVE; AND ' WESLAYAN STREET FROO TIE NORTH LINE OF .BELLAmE BOULEVARD TO THE SOUTH LINE OF RICHMOND ROAD; AND RICE BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT STREET; AND AUDEN STREET FROM 'mE NORTH LINE OF UN.rVERSITY BOOLEVARD TO THE NORTH LINE OF RICE BOULEVARD, IN THE CITY OF "WEST UNIVERSITY PLACE; TEXAS, SHALL BE IMPROVED: ADOPrING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; PROVIDING FOR SEGRE- GATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS, EACH OF WHICH SEC- TIONS SHALL BE TREATED AS A SEPARATE AND COMPLETE UNIT; DmECTIID AND REQUIRING THE GARRETT ENGINEERING COMPANY, ENGINEERS FOR THE CITY, TO PREPARE AN ESTIMATE OF 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 :i~j OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY THE CITY AND A PART OF THE COOT OF THE SAID IMPROVEltlENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWHERS THEREOF, AND FOR INCIDENTAL MATTERS; 'DECLARING THAT THIS ORDINANCE AND ALL FURTHER P:OOCEEDINGS RELATING TO SUCH IMPRO'iTEMENTS ARE AND SHALL BE UNDER AND BY VmTUE OF ARTICLE 1105 (b) OF THE REVISED STATITTES OF TEXAS; DIRECTING THE CITY SECRETARY TO) FIlE A NOIrICE OF' '!HIS ORDINANCE WITH THE COUNTY CLERK OF H~RIS COmfrY, TEXAS, AS ProVIDED BY LAW AND 1'01 ADVERTISE FOR BIDS TO BE RECEIVED AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCl'.. WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore considered the advisability and necessity of the permanent im- provement of the hereinabove and hereinafter sta;t,ed portions of certain streets in the City of West University Place,Texas, and plans and specifications for such improvements have been prepared by Garrett Engineering Company, Engineers for said City, and submitted to the City Commission; 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, TEXAS: BE IT ORDAINED BY THE CITY COMMISSION ())FTHE CITY OF WEST UNIVERSITY PLACE, Section 1. The City Commission of the City of West University Place, Texas, hereby determines the necessity for and orders the permanent improvement of University Boulevard from the west line of Kirby Drive to the east line o~ Community Dr! ve; and J Wesl<\Van Street from the north line of Bellaire Boulevard to the south line of Richmond Road; and Rice Boul~vard from the west line of KI.RJ3Y DRIVE to the west line LJ [J ~ 231 of Belmont Street; and Aud.en 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 3. concrete pavement and monolithic curbs, and appurtenances and incidentals to such:improvements, all as provided by the plans and specifications hereinafter referred to; said :improvements to be of materials and to be constructed in the manner provided in the plans and specifications therefor heretofore prepared and submitte( to the City Commission by Garrett Engineering Company, Engineers for said City, and hereinafter approved and adopted. The City Commission here and now approves and adopts the plans and speci- fications for such improvements heretofore prepared and submitted to it by said Garrett Engineering Compa:ny, 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 to be :improved are as follows: Section No. It Auden Street from the north line of University Boulevard to the north line of Rice Boulev~d. Section No.2: University Boulevard from the west line of Auden Street to the east line of Mercer Street. Section No.3: University Boulevard from the east line of Mercer Street to the east line' of Vanderbilt "Street Section No.4: University Boulevard from the east line of Vanderbilt Street to the west line of Kirby Drive Section .No. 5: Rice Boulevard from the "West line of Kirby Drive to the west line of Belmont Street Section No.6: University Boulevard from the west line of Auden Street to the east line of Community Drive Section No.7: WeslBl}'"an Street from the north line of University Boulevard to the south line of Richmond Road. Section No. 8: 'Vfesl~an Street fJ:'om the north line of University Boulevard to the north line of Bellaire Boulevard. Section 3: Each of the above designated sections of the improvements or- dered hereby, and the contract and all proceedings "With reference thereto shall be separate as to each of said sections, to the same effect and extent as though separ- ate instruments and contracts had been executed for each such section separately, and to the same effect and extent as though separate rate assessment proceedings were' had for each such 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 :T IT ] [1. :"1 !32 segregated sections shall be constructed and the respective beginning dates thereon shall be determined by the engineers for the City. Section 4. Garrett Engineering Company, Engineers . for the City, is here and how directed, as soon as it may conveniently do so, to prepare an estimate of the cost of such improvements, as provided by Article 1105-b hereinafter men- tioned, and to prepare also a written statement whieh shallccontain the names of the persons, firms, corporations and estates owning property abutting upon each portion of each street herein ordered improved lVithin the limits named, with the number of front feet owned by each, describing such property either by lot and blocknumber or in any manner sufficient to identify it. , I 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 abutting upon the portions of said street hereby ordered to be improved, and by the owners of such property, as follows, to-wit: (a) The property abutting upon said streets within the limits hereinabove defined and the real and true owners thereof shall PCW all of the costs of curbs in front of 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 there- of by the Engineers hereinabove ordered to be made by it, exclusive, however, of the cost of such improvements within intersections 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 es- [J timated cost of such improvements exclusive of curbs as so estimated by the Engineers. L_ . (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 a~~ting 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 shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and true owner'thereof, and shall be p~- able as follows, to-wit: . That said amounts payable by the property owners shall be paid in ten (10) equal installments, one installment to be due and 'payable in thirty (30) days after the completion of said improvements and the acceptance thereof by the City of West University Place, and another installment 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, w.i.th interest thereon from said date of acceptance at the rate of five (5%) per cent per annum, payable annually, but said property owners shall have the privilege of paying any one or more of said installments before their maturity by p~ent of principal and interest there- on, and such certificates as may be issued to evidence such assessments shall pro- vide that in the event of default in pa;n.ng any installment thereupon when due, ,I!J_ whether of principal or interest the whale of such certificate may be matured and declared due at the option of the holder thereof. D n o 233 Section 6. This ordinance is adopted and all of the further proceedings. in connection with such improvements and the construction thereof and such assess- ments shall be pursuant to the powers given by and in accordance with the provi- sions of the Acts' of the 40th Legislature of the State of Texas, 1927, First Called Session, re1atirig to street improvements and assessments therefor, and being Chapter 106 of the Gen.eral and Special Laws of said Session, as amended, said act being commonly known as Article 1l05-b, Revised Civil Statutes of Texas, 1925, and haVing been adopted by the City of West University Place in Article XXII of the Charter of the City of West University Place, Texas... Section 7. The City Secretary is herel:>y directed to file a notice of the adoption of this ordinance 'With the County Clerk of Harris County, Texas, pur- suant to the provisions of Article 1220-a of the Revised Civil Statutes. The City Secretary is further directed to advertise for sealed bids for such work and improvement in accordance with the plans and specifications herein- above adopted and approved; 'Which bids may be received by and filed w.i.th the City Secretar,y at or before 7:30 o'clock P.M. Januar,y 24, 1947. Section 8. The fact that the portions of .the streets herein defined and herein ordered impr~ved -wi. thin the limits herein defined and stated are in need of improvement as promptly as possible, created a public emergency, and therefore this .. Ordinance shall be passed finally on the date of its introduction, this 6 dBiV of January, 1947, and shall take effect immediately upon its passage andap- provaj: by "the MBiVor., . Passed this 6 day of January, 1947. Approved this 6 da.v of January, 1947. ~~~ ATTEST: CITY SECRETARY L LJ ,._1 .1 L