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Home My WebLink AboutORD 338 - ORD Finding and Determing to Proceed with the Improvement of WU JI .I LI_ .. I ~36 ORDINANCE NO. 338 J AN ORDINANCE, FINDING AND DETERMINING THAT IT IS NOIr PRACTICAL TO PROCEED WITH THE IMPROVEMENT OF UNIVERSITY BOOLEV ARD, WES- LAYAN STREET, RICE BOUIEV ARD AND AUDENSTREET AS HERETOFORE PROVIDED FOR; AMENDING ORDINANCE'NQ. 335 WHICH DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROlVEMENT OF CERTAIN PORTIONS OF SAID STREETS IN THE CITY OF WEST UNIVERS IT! PLACE, TEXAS, AND OTHER MATTERS RELATING THERETO); APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPOO'VEMENTS, AS AMENDED AND REVISED BY HOWE & WISE, ENGINEERS FOR THE CITY; DIRECTING SAID ENGINEERS TO DO AND PERFORM CERTAIN ACTS AND THINGS EARLIER REQUIRED OF GARRETT ENGINEERING COMPANY; DIRECTING THE CITY SECRETARY TO) ADVERTISE FOR BIDS TO BE RECEIVED AND FILED WITHIN THE TIME PROVIDED: CON.... 'flNUING IN EFFECT SAID ORDINANCE NO. 335, AS HEREIN AMENDED; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, by its Ordinance No. 335, duly and regularly passed and approved January 5, 1947, has heretofore determined the necessity for, and ordered the permanent improvement of, certain streets in the City, in accordance with plans and specifications pre- pared by Garrett Engineering Company, engineers for said City, and approved and adopted by said Ordinance; and . WHEREAS, all bids heretofore received pursuant to advertisement therefor I',J have been rejected; and Howe & Wise have been appointed and designated as engineers for the City of West University Place, in lieu of Garrett Engineering Company,.and said engineers have prepared and submitted to the City Commission certain revisions and amendments to the earlier adopted and approved plans and specifications; and the City Commission, having considered the matter and being of the opinion that it is not practical to proceed with the improvements as heretofore provided for, but that said improvements should be constructed in accordance with said plans and specifications as revised and amended by said Howe & Wise; Now, Therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: - Section 1. That the City Commission of the City of West University Place, Texas, does hereby find and determine that it is not practical to proceed with the improvement of the above and hereinafter mentioned streets as heretofore provided , for by Ordinance No. 335; and that improvements constructed on the herein designated portions thereof, in accordance with the revised and amended plans and specifications herein approved and adopted, will result in better improvements for the particular locations and necessities. Section 2. That the caption of .said Ordinance No. 335, heretofore duly and regularly passed and approved on January 6, 1947, be, and the same is hereby, amended to read as follows: o 237 l "ORDINANCE NO. ffitl8 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT UNIVERSITY BOULEVARD from the west line of KIRBY DRIVE to the east line of COMMUNITY DRIVE; and WESLAYAN STREET from the south line of RILEY STREET (east of Weslayan Street) 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 the north line of UNIVERSITY BOULEVARD to the north line of RIC~ BOULEVARD, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; ADOPI'ING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPRONE;.i. MENTS; PROVIDING FOR SEGRAGATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS, EACH OF WHIC!! SECTION'S SHALL BE TREATED AS A SEPARATE AND COMPLETE UNIT; DIRECTING AND REQUIRING HOWE & WISE 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 .DESCRIPI'ION OF THE RESPECTIVE PROPERTIES; PROVIDING THAT A PART OF'THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY THE CITY AND A PART OF T HE COST OF SAID IMPROVEMENTS SHALL BE PAID BY, 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 ~;$nTUTES OF TEXAS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE VITTH 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." [_J Section 1. That the Preamble of said O'Tdinance No. 335 be, and the same is hereby, amended to rea,d as follows: "WHEREAS, The City Commission of the City of West University Place, Texas has heretofore considered .the advisability and necessity of the permanent improve- ment of the hereinabove and hereinafter stated portions of certain streets in the City of West University Place, Texas, and revised and amended plans and specifica- tions for such improvements have been prepared by Howe & Wise, Engineers for said City, and submitted to the City Commission; and having examined and considered said revised and amended plans and specifications, the City Commission has decided to initiate the improvement of certain portions of certain streets; Now, Therefore," I-=' Section h. That Section 1 of said Ordinance No. 335 be, and is hereby, LJ amended to read as folloWS: "Section 1. The City Commission of the City of West University Place, Texas, herebyd.-etermines the necessity for and orders the permanent im- provement of I ] ,I II .1 Lt. I ~38 UNIVERSITY BOuLEVARD from the west line of KIRBY DRIVE to the east line of COMMUNITY DRIVE; and WESLAYAN STREET from the south line of RILEY STREET (east of Weslayan Street) to the south line of RICHMOND ROAD; and RICE BOULEVARD from the west line of Kirby Drive to the west line of BELMaNI' STREET; and AUDEN STREET from the north line of UNIVERSITY BOULEV ARb 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 appur- tenances and incidentals to such improvements, and all as provided by the revised and amended plans and specifications herein referred ;:,to; said improvements to be of materials and to be constructed in the manner provided in said plans and specifications therefor heretofore' prepared and submitted to the City Commission by Howe & Wise, En- gineers for said City i and herein approved and adopted. J The City Commission here and now approves and adopts the re- vised and amended plans and specifications for such improvements heretofore prepared .and submitted to it by said Howe & Wise, Engineers 1...1 for the City of West University Place, Texas." __ Section ~. That Section 2 of said Ordinance No. 335 be, and the same is hereby, amended to read as follows: "Section 2. The streets and portions thereof herein ordered im- proved shall be and are hereby segregated and divided into separate and segregated sections, which sections to be improved are as follows: Section No.1: Auden Street from the north line of University Boulevard to the north line of Rice Boulevard. 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: Weslayan Street from the north line of University Boule- vard to the south line of Richmond Road. u o [l [I 239 Section No.8: WeslayanStureet from the north line of Uni versi ty Boulevard to the south line of Riley Street (east of Wes1ayan Street)" Section 6. That Section 4 of said Ordinance No. 335 be, and the' same is hereby, amended to read as follows: "Section 4. Howe & Wise, engineers for the City, are here and now directed, as soon as they may conveniently do so, to prepare an estimate of the cost of such improvements as provided by Article 1105 (b), as hereinafter mentioned and to prepare also a v'iI'itten statement which shall contain the names of the persons,firrns, corporations, and estates owning property abutting upon each portion of each street herein ordered improved within 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.rr Section 7. That Section 7 of said Ordinance No. 335 be, and the same is hereby, amended to read as follows: "Section 7. The City Secretary is hereby directed to file a notice of the adoption .of this ordinance lVith the County Clerk of Harris County, Texas, pursuant to the provisions of Article l220-a of the Revised Civil Statutes. The City Secretary is further directed to advertise for sealed bids for such work and improvements, in accordance vdth the plans and specifi- cations hereinabove approved and adopted; which bids may be received by, and filed with, the City Secretary at or before 7:30 o'clock p.m., March 21, 1947." Section 8. That said Ordinance No. 335 shall remain and continue in full force and effect, as amended hereby. Section 9. The fact that the portions of the streets herein defined and herein ordered improved within the li:m:tts stated are in need of improvement as pro~ptly as possible creates a public emergency, and, therefore, this Ordinance shall be passed finally on the date of its introduction, this 5th day of March, 1947, and shall take effect immediately upon its passage and. approval by the Mayor. Passed this 5th day of MarCh, 1947. Commissioners Lanmon, Hamlett, Armer, Douglas and Mayor Lee, Voting aye. Commissioners None Voting no. Approved this 5th day of March, 1947. Mayor APPROVED: ATTEST: 4 of West U ersity Place ~~~ City Attorney pity Secretary L:: :,1,: LJ L' -,\ -'.1