HomeMy WebLinkAboutORD 351 - ORD for Directing the Abandonment of the Improvement
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,ORDINANCE NO. 351
AN ORDINANCE FINDING AND DETERMINING THAT IT IS Nor PRACTICAL TO
PROCEED WITH THE IMPROVEMENT OF THOSE PORTIONS OF UNIVERSITY
BOULEVARD COMPRISING SECTION NO. 3.;.A AND SECTION No.4, NOR OF
THAT PORTION OF RICE BOULEVARD COMPRISING SECTION No.5, AS HE:flE-
TOFORE PROVIDED FQlt; DIRECTING THE ABANDONMENT OF THE:QIPROVEMENT
, OF SAID SEGREGATED SECTIONS WITH THE CONSENT OF THE CONIDRACTOR AND
CANCELING THE APRIL 3, 1947 CONTRACT BETWEEN THE CITY AND HOCLAND
PAGE, CONTRACTOR, AS TO THE IMPROVEMENTS ORIGINALLY ORDERED CON-
STRUCTED ON SAID SEGREGATED SECTIONS; PROVIDING THAT ALL PROCEED-
INGS HERETOFORE HAD AND SAID CONTRACT WITH REFERENCE TO ALL OIrHER
SEGREGATED SECTIONS OF THE STREETS EARLIER ORDERED IMPROVED REMAIN
IN FULL FORCE AND EFFECT; 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 6, 1947,
and as amended by its Ordinance No . 338, duly and regularly passed and approved
March 5, 1947 ,determined the recessity for and ordered the permanent improvement
of certain streets in the City of West University Place, Texas, in ~ccordance
with plans 'and specifications therein referred, to and approved; and
WHEREAS, by Ordinance duly and regularly passed on April 3, 1947, a contract
was duly authorized and entered into'between said City and,Hol1and Page, Con-
tractor, and dated April 3, 1947; m.d
WHEREAS, in the above mentioned, andin subsequent ordinances, and in said
contract, the streets and apportions thereof were segregated and Qivided into
separate and segregatedseetions; and simi1~ly by Ordinance No. )SO, duly and
regularly passed on July TOO,' 1947 , that portion of University BoUlevard origi-
na.11y comprising Section No. 3 was segregated and divided into two separate,
segregated, independent and unrelated sections designated as Section No. 3 and
as Section No. 3-A; and
WHEREAS, virtually all of the properties abutting upon said Section No. 3-A
and upon Section No. 4 and upon Section No.5, being the streets and wi thin the
limits hereinafter stated, are homesteads of the o1'lIlers thereof, and, are there-
fore exempt from an involuntary lien under the Constitution and Laws of the State
of Texas, under which, and under the Ordinance heretofore passed and under said
contract, the contractor cannot be required to pave that portion of any street
in front of arw such exempt property iil the absence of proper and satisfactory
security; and
WHEREAS,' ,with' excepti6ris insignificant in number, the 01'lIlers of such exempt
properties 'on 'said Sections Nos. 3-A, '4 and 5, have failed and refused to give
to the contractor the required security to the extent and result that such pave-
ment and improvement, 'Which could be constructed under the law and under said
contract on said sections, would be insignificant and result in ~ benefits but
wouldinclude a futile expenditure of City funds; and the City Comniission a.Ild the
contractor have agreed and consented that said conteact of April 3,1947, should
be cancelled and rescinded in so far as the above mentioned and hereinafter set
out sections are concerned; Now, Therefore,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
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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
Section No. 3-A: University Boulevard from the EClSt line of
Sewanee Street to the East line of Vanderbilt
Street
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Section No.4:
University Boulevard from the East line of
Vanderbilt Street to the West line of Kirby Drive.
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Rice Boulevard from the,fWest line of Kirby Drive
to the West line of Belmont Street.
as heretofore provided for by said Ordinances No. 335 and No. 338, heretofore
passed under date of ~anuari 6, 1947 and March 5, 1947, respectively;
Section No.5:
Section 2. That by and with the consent and agreement of said Hollang
Page, contraetor~ in said April 3, 1947 contract, the improvement of said por-
tions or said'streets set out in the preceding section hereof, and as hereto-
fore ordered arid directed, be and the same is hereby abandoned; and all terms
and provisions of said April 3, 1947 contract with'reference to, and with
reference only to, said Sections Nos. 3-~~ 4 and 5, be and thesaDe is hereby i~
cancelled, tenninated and in all things rescinded the sam as thOugh the above' i
described, ;por!"-ions of said streets had never, been included nor incorporated in '--------1
said contract nor, in the 'proceedings with reference thereto.
Section 1. That all proceedings, and each step thereof which ~ve transpired
and been taken and had, and said contract, shall remain and con-~inue in full force
and effect as to all streets and all portions thereof, save and except ,only the
three sections as set forth in Section No. 1 hereof.
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Section 4. The fact that the o'WIlers of property on the portions of the streets
as to which the improvements are hereby abandoned, are entitled to have a record
made of such abandonment, and the fact that the remaining streets and portions
thereof heretofore ordered improved are in need of improvement, as pr<?mpt,ly as
, possible, creates a public emergency, and therefore this Ordinance shall be passed
finally on the date of its introduction, this 30th day of July, 1947, and shall
take effect immediately upon its passage and approval by the Mqor.
Passed this 30th day of July, 1947.,
Commiss~oners Lanman, Hamlett, Armer and Douglass, and Mayor Lee
Voting Aye.
None - Voting Noe.
Approved this 30th day of July, 1947
APPROVED:
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P4t. ~
Mayor
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