HomeMy WebLinkAboutORD 362 - ORD Finding & Determing Pratical Process to Improvement
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ORDINANCE NO. 162:
AN ORDINANCE FINDING AND DETERMINING THAT IT IS NOT
PRACTICAL TO PROCEED WTIH ,THE IMPROVE~NT 'OF. THOSE,
PORTIONS OF UNIVERSITY.BOU1EVABD, COMPRISING SECTION
NO. 6-A and SECTION NO. 6-B, NOR OF WESLAYAN STREET:;
COMPRISING,SECTION No.1 and SECTION NO. 8, AS HERETOFORE
PROVIDED FOR, DIRECTING THE, ABANOONMENT OF THE IMPROVEMENT
OF SAID SEGREGATED SECTIONS WITH THE CONSENT OF THE
CONTRACTOR AND CANCELING THE APRIL 3, 1947 CONTRACT
BETWEEN,THE CITY AND HOLLAND PAGE, CONTRACTOR, AS TO THE
IMPROVEMENTS ORIGINALU ORDERED ON' SAID SEGREGATED SEC-
, TIONS; PROVIDING THAT ALL BROCEE'DINGS HERETOFORE HAD
AND SAID CONTRACT WITH REFERENCE TO ALL OTHER SEGREGATED
SECTIONS ,OF THE STREETS EARLIER ORDERED IMPROVED AND AS TO
WHICH THE IMPROVEMENTS HAVE ,NOT BEEN HERETOFORE ABANOONED
AND CONTRACT WITH REFERENCE,THERETO CANCELED, REMAIN 'IN
FULL FOR CE AND EFFECT; 'DIRECTING THE CITY SECRETARY TO
FILE WITH THE COUNTY CLERK OF ,HARRIS coUNTY, TEXAS, A
CERTIFICATE AND NOTICE CONCERNING THE PROPERTIES ABurTING
UPON THE SECTIONS HEREIN AND HERETOFORE ABANDONED AND
RECITING THE TERMINATION OF THE ASSESSMENT LIENS THEREON;
AND DECLARING AN ,EMERGENCY.
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'WHEREAS, the City Commission of the City of West Umversi ty
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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
necessity for and ordered the pennanent improvement o~ certain streets
in the City of Wes"t University,P1ace, Texas~ ill acco:l:',n~ w;..th plans
and specifications therein referred to . and , approved; ahd \
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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, Contractor, and dated April 3, 1947; and
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.WHEREAS, in the above mentioned, an~ in subsequent Ordinances
, and in saiqcontract, the streets and portions thereof were segregated
and divided into separate and segregated sections, which sections as set
forth in the Ordinance No. 350 duly and regularly passed and approved
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on July 30,1947 were as follows:
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Section 1:
Auden Street from the north line of
University Boulevard to the north line of
Rice 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 3-A:
University Boulevard .ff.'rom the east line
of Sewanee Street to the east1ine of
Vanderbilt Street.
Section 4:
University Boulevard from the east line
of Vanderbilt Street to the west line of
Kirby Drive.
Section 5:
Rice Boulevard f rom the west line of
Kirby Drive to the west line of Belmont
street. ' ..' ..'
Section 6: University Boulevard ,from the west line
of Auden Street to the east line of
Wes1ayan Street.
Section 6-A: University Boulevard from the west line
of Wes1ayan Street to the west line of
Academy Street.
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Section 6-B: Universi ty Boulevard from the west line
of Acadenw Street' to the eastline of
Community Drive.
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Section 7: Wes1~yan Street from the north line of
University Boulevard to the south line of
Richmond Road.
Section 8: Wes1ayan Street from the north line of
Universi ty Boulevard to the south line
of Riley Street (east of Wes1ayan Street).
and
WHEREAS ,the City Commission has heretofore determined
that it was not practical to proceed with the improvement of
those portions of the street comprising Sections 3-A, 4 and 5,
as above set forth, and has heretofore, and by its Ordinance No.
351, duly and regularly passed and approved on July 30, 1947,
abandoned the improvement of said Sections Nos. 3-A, 4 and 5,
and cancelled said April 3, 1947 contract with reference
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thereto; and
WHEREAS, virtually all of tbeproperties abutting upon the
above described segregated Section No. 6-A and Section No. 6-B,
and upon Section 7 and Section 8 are homesteads of the owners
thereof and are therefore exempt from an involuntary assess-
ment lien under the Constitution and the laws of the state of
Texas, under which and under the ordinances heretofore pas sed
and under said contract, the contractor carmotbe required to pave
that portion of any street in front of any such exempt property in
,the absence of proper ani satisfactory security; and
WHEREAS, theo-wrers of an insufficient number of properties
on said Sections 6-A, 6-B, 7 and 8 : have given to the contractor the
required security to make practical and to justify such partial
improvements of the streets in said respective sections to the extent
and result that such pavement and improvement which could be constructed
under the law and under said contract on said Sections 'WOuld result in no
benefits, but would include a futile expenditure of City funds, and, in
addition thereto', the City Commission was advised that Wes1ayan Street,
comprising Sections Nos. 7 and 8, is included within the County Road
Improvement program and wi11 be paved by the County without cost to. the
property owners thereon and to the City; and the City Commission and the
contractor have agreed and consented that said contract of April 3, 1947,
shoUld be cancelled am rescinded in so far as said Sections Nos. 6-A,
6-B. 7 and 8 are concerned: '
NOW, THEREFORE BY rr ORDAINED BY TIE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PIACE, TEXAS:
Section, 1. That the City of the City of West University place,
Texas, does hereby find and detennine that it is not practical to proceed
with the improvement of
Section 6-A:University Boulevard from the west line of WesJl.ayan
Street to the west lire of Academy Street;
Section(6-B : University Boulevard from the west line of :'Academy
Street to the east line of Communit,rDrive;
Section 7: Weslayan Street, from the north line of University
Boulevard to the south line of Richmond Road;
Section 8: Weslayan Street from the north line of University
Boulevard to the south line of Riley Street (east of
Wes1ayan Street),
as heretofore provided for in the above mentioned and referred to Ordinances.
Section 2: That by and with the consent and a greement of said
HoIland Page, contractor, in said April 3, 1947, contract, the improvement
of said portions of said streets set out in the preceding section hereof,
and as heretofore ordered and directed, be and the same is hereby abandone9.;
and all terms and provisions of said April 3, 1947, contract with reference
to, and with reference only to,. said Sections Nos. 6-A, 6-B, 7 and 8, be
and the same are hereby cance11ed, terminated and inaJ..l things rescinded
the same as though the above described portions of said streets had never
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been included nor incorporated in said contract nor in the proceedings
with reference thereto.
Section 3: That the City Commission hereby finds and deter-
mines that said contract and earlier proce~dings have heretofore been
abandoned, cancelled, tenninated and in all thi~s rescinded as to the
above described Sections NO$. 3-A, 4 and 5.
Section 4: That all Ordinances, liens and -assessments hereto-
fore passed, levied and fixed against all properties abutting upon the
above recited Sections Nos. 3-A, 4,5, 6-A, 6-B, 7 and 8, with reference
to, but with reference to only the "streets and portions the~of
incorporated within said respective sections, be and same are hereby set
aside, cancelled and held for naught. " '
Section 5:; . That all proceedings' and each step thereof which
have transpired and been, taken and had, and said contrac~, shall remain
and continue in full force and effect as to all streets and all portions
thereof, save and except, only too particular Sections here~n and hereby"
abandoned and the particular Sections heretofore ab.andoned as above
recited.
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Section 6: The City Secretary is hereby authorized and
directed: to prepare a certificate and notice setting out by sufficient
description to identify same, the various numbered subdivision or
addition blocks abutting upon the streets and portions thereof as to
which said improvements are abandoned and reciting the cancellation
and rescission of aJ.1 assessments and liens heretofore fixed and levied
with reference to, but with reference to only, the particular portions of
the streets heretofore ordered improved included within the Sections
ordered abandoned.
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Section 7: The fact that the owners 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 to clear tb3 record
ti t1eof the assessment proceedings, creates a puplic emergency, and
therefore this' Ordinance shall be passed finally on the date of its
introduction, this 8th day of March, 1948, and shall take effect
innnediately upon its passage and approval by the Mayor.
Passed this 8th day of March, 1948.
CoIllIllissioners
Lanmon. Armer and Douglass, and Mayor Lee
Voting aye.
Commissioners none
Voting no. )',
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~~l?roved this 8th'day of March, 1948.
APPROVED: City Attorney