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Home My WebLink AboutORD 350 - ORDDividing and Segregating [ [ u 41 ORDINANCE NO. 350 AN ORDINANCE FINDING AND DETERMINING THAT IT IS NaI' PRACTICAL TO PROCEED WITH THE IMPROVEME:NT OF THOSE roRrIOlNS OF UNIVERSITY BOULE... VARD, COMPRISING SECTION NO'. 3 AND SECTION No.6, AS HERETOFORE PRO- VIDED FOR; DIVffiING AND SEGREGATING SAID ORIGINAL SECTIONS NOl. 3 AND NO'. 6 INTO SEPARATE, SEGREGATED AND UNREIATED SECTIONS TO BE NUMBERED SECTIONS NOl. 3 AND NO. 3-A AND SECTIONS NOS. 6-A and 6-B, AMENDING ORDINANCES NO. 335 AND NOl. 338, WHICHDETEBMINED THE NE~ " CESSITY ,FOR AND ORDERED THE IMPROVEMENT, OF V ARIOUSSTREETS AND POR- TIONS THEREOF IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND OTHER MATTERS RELATING THERETO; PROVffiING FOR AND APPROVING CHANGES, PLANS, SPECIFICATIONS AND PROCEEDINGS FOR SAID IMPROVEMENTS, AND IN THE ' CONTRACT AWARDED HOlLLAND PAGE AND DATED APRIL 3, 1947 TO TAKE INTO CONSIDERATION THE CHANGES AND AMENDMENTS HEREIN MADE AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAID .AMENDMENTS BY THE MAYOR AND CITY SECRETARY ON BEHALF OF THE CITY OF'WEST UNIvERSITY PLACE, TEXAS; DI- RECTING THE ENGINEER FOR THE CITY TO MAKE AND PREPARE A NEW, ESTIMATE OF THE COST OF THE IMPROVEMENTS WITH REFERENCE TO SAID SECTIONS AS HEREIN SEPARATED AND SEGREGATED; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, by its Ordinance No. 335 duly and regul:arly passed and approved January 6, 1947, and as amended by its Ordinance No. 338 duly and regularly passed and approved 'March 5, 1947, determined the necessity for and orderedthe permanent improvement of certain streets in the City of West University Place Texas, by the construction thereupon of a seven-inch reinforced concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, in accordance with plans and specifications referred to and approved in and by said Ordinances; and which streets and portions thereof were segregated and divided into separate arid seg- regated sections; and ,., WHEREAS, by Ordinance duly and regularly passed on April 3, 1947, a contract was duly authorized and entered into between said City and Holland Page, and dated April 3:, 1941', likewise providing for segregation of tbeimprovements into said separate and segregated sections; and ' WHEREAS, after the approval and adoption of estimates of the costs and-of the various portions of the costs of the paving and improvement of said streets, a hearing to property owners and all persons interested in said properties, pro- posed assessments and proceedings and all ather matters relating to such improv- ments, was duly and regularly had, pursuant to 'Which the City Commission of the City of West :Univers$-ty Place, Texas, by its Ordinance NO....3.1W.., duly. and regular- ly passeti"'and approved, 7,th 'da;y of May, 19L.7, levied assessments against prop- erties on the respective segregated sections and against the real and true ovmers thereof; and WHEREAS, virtually all of the properties abutting upon each street heretofat'e ordered'improved and including within each of said respective earlier segregatfld sections are homesteads of the O'Wl1ers thereof and are therefore exempt from an involuntary lien under the Constitution and Laws of the State o,f' Texas under which, and under the Ordinances heretofore passed and the contract'heretofore duly executed, the Contractor oannot be required, to pave that portion of any, street in front of any such exempt property in the absence of proper and satisfactory security; and . l:.s . ....J...I: .' II ,I (, I .. ,( 42 WHEREAS, a substantial percentage of the O1i1lers of such exempt properties . J'" on a portion of that part of University Boulevard heretofore designated as Section No.3 and on some portions of that part of University Bo'Ulevard here- tofore designated as Section No.6, affirmatively desire the improvement of said street in front of their respective prope;rties and have executed mechanic' 8 lien contracts to and with said Contractor, but the owners of other like proper- ties on certain other portions of said original sections numbered J and 6 have, failed and refused to give to the Contractor the requ;i.red security, to the ex- tent and result that it is not praptical to proceed. with the improvement of said originally designated Sections Nos. 3 and 6 in their respective entireties, but provision should be made for the improvement of those portions of said Sections 'Where more substantial percentages of the O"Wllers of such exempt properties have 80 furnished, or mq timely furnish security; and same can be accomplished by amendment of the earlier Ordinances and of said Contract, so as to further di- vide and separate said portions of University Boulevard into additional and , separate and segregated sections, independent of and unrelated to each other in the same manner in which the original eight sections into which the project was divided, were segregated; and by subsequently affording a new hearing to the owners of the property on said sections: 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 pro- ,J::--', ceed with the' improvements of Section No.3: Uni versi ty Boulevard from the east line of Mercer Street to the east line of Vanderbilt Street; and Section No.6: University Boulevard from the 'West line of Auden Street to the East line of Community Drive; as heretofcre provided for by said Ordinances No. 335 and No. 338, heretofore passed under date of January 6, 1947 and March 5, 1947, respectively; and that said numbered sections should be segregated and divided as hereinafter provided. Section 2. That that portion of University Boulevard heretofore desig- nated as Section No.3 in earlier Ordinances and in the April 3, 1947 contract with HoIland Page, be, and the same is hereby, segregated and divided into two separate, segregated, independent and unrelated sections to be designated as Section No.3 and Section No. 3-A., as' follows: Section 3: University Boulevard from the east line of Mercer Street to the east line of Sewanee Street. Section 3-A: University ,Boulevard from the east, line of Sewanee Street to the east line of Vanderbilt Street. Section 3. That that portion of University Boulevard heretofore desig- DII nated as Section No.6. in earlier Ordinances and in the April 3, 1947 Contract with Holland Page, be, and the same is hereby, segregateo. and divided into three separate, segregated, independent and unrelated sections to be designated as , Sections No.6, No. 6-A and No. 6-B, as follows: o o o 43 Section 6: University Boulevard from the west. line of Auden Street to. the east line of Wes1qan Street. Section 6-A: . University .Boulevard from the west line of We slay an Street to the west line of Academy Street. Section 6-B: University Boulevard from the west line of Academy Street to the e'ast line of Community Drive. Section 4: That Section 5 of said Ordinance No. 338, dated .March 5, 1947, amending Section 2 of said Ordinance No. 335, dated January 6, 1947 (and therefore said Section 2 of Ordinance No. 335 incorporated therein) be, and is hereby, amended to read as follows: ,<, "Section 5. That Section' 2 of said Ordinance 335 be, .,and the same is h~reOy, amended to read as follows: "Section 2. The streets and portions thereof herein or- dered improved shall be and are hereby segregated and divided into separate and segregated sections, which sections to be improved are as follows: ,Section 1: Auden Street from the north line of University Boule- vard to the north line of Ri1;e Boulevard. section 2: University Boulevard from the west line of Auden Street to the east line of Mercer Street. Section 3: University Boulevard from the east line of Mercer Street to the ,east line of Sewanee Street. Section 3A: University Boulevard from the east line of Sewanee Street to the east line of ~anderbi1t Street. t:. Section 4: University Boulevard from the east line of Vanderbilt Street to the 'West line of Kirby Drive. Section 5: Rice Boulevard from the west line of KirOy Drive to the west line of Belmont Street. Section 6: Univers:hty Boulevard from the west line of Auden Street to the east line of Wes1qan Street. , Section 6A: University Boulevard from the west line of Wes1qan 'Street to the west line of AcadeIl\Y' Street. :~;Section 6B: University Boulevard from the 'West line of Academy Street to the east line of Community Drive. Section 7: Wes1qan Street from the north line of University Boulevard to the south line of Richmond Road. Section 8: Wes1qan Street from the north line of University Boulevard to the south line of Riley Street (east of Wes1ayan Street)." I:: ..",,. ....T:J. , ..il JI .. .1 LnJ. . .. . ~.:.I. 44 Section 5: That the changes in the sections 'into which the im- :1 provements ,and 'WOrk have been divided as herein made, necessitate certain changes in the plans, specifications and contract with reference thereto, heretofore ,J duly executed by the City and Holland Page, Contractor, and dated April 3,1947; and said changes, amendments and modifications having been submitted to, and examined by, the City Commission, are hereby, in all things, approved, and such changes and modifications so made by mutual agreement of the City and said'Con- tractor, shall constitute a part 'of said April 3, 1947 Contract, and said original plans and specirications, the same as though originally incorporated therein. Section 6: Ho'W8 & Wise, Engineers for the City, are here now directed to forthwith prepare a new estimate of the ,cost of the improvements orclered as t 0 t~ herein designated sections No.3 and No. 3-A and Sections No.6., No.6-A and No. 6-B, all as provided by Article 1105{b) of the Revised Civil Statutes of Texas, and to prepare also a written statement which shall contain the names of the persons, ffurms, corporations and estates owning property abutt- upon eash of said sections and within the respective limits'stated, 'With the number of frolllt feet. owned by each, describing such property, either by lot and block number or in any manner sufficient to identify it. Section 7: That each and every of the proceedings and each step there- of which have transpired and been taken and had prior to this date shall remain and continue in full force and effect as amended hereby. -Section 8: The fact that the portions of the streets herein defined and within the limits stated are in need of improvement as promptly as possible, creates a public emergency, and therefore, this Ordinance shall be passed fin- ally on the date of its introduction, this 30th clair of July, 1947, and shall take effect iIDIDediate1y upon its passage and approval by the Mayor. II I i , I U Passed this 30th day of July, 1947. Commissioners Hamlett, Douglass, Armer, and Lanmon, end Mayor Lee Voting Aye. . None - Voting Noe Approved this 30th day of July, 1947. fw~:l ~ APPROVED: ~lJ.~ c t ~ttorney " ' ATTEST: ~ . ~<z.".~ City Se ' !]