HomeMy WebLinkAboutORD 370 - ORD Adopting and Approving Plans and specifications
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ORDINANCE NO. 370
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AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT
RICE BOULEVARD from the west line of KIRBY DRIVE to the. west
line of BELMONT STREET; AND
'WAKEFOREST STREET from the north line of RICE BOULEVARD w the
north line of PLUMB STREET,
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IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED;
AroPrING AND APPROVING PLANS AND SPECIFICATIONS FOR S UGH IMPROVEMENTS;
PROVIDING FOR SEGREGATION OF PORTIONS OF SAID STREETS INTO SEPARATE
SECTIONS, EACH OF WHICH SECTIONS SHALL BE TREATED AS A SEPARATE AND
COMPLETE UNIT; DIRECTING AND REQUIRING THE ENGINEERS FOR THE CITY TO
PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN
STATEMENT OF TEE NAMES OF THE OWNERS OF THE PROPERTIES ABUTTIliG ON
,EACH PORTION OF EACH STREET TO BE IMPROVED, TOGETEER WITH A DESCRIPTION
OF THE RESPECTIVE PROPERTIES; PROlVIDING THAT A PART OF TIm COST OF
SAID IMPRONEMENTS SHA.LL BE PAID BY TEE CITY AND A l?ART OF THE COST
OF THE SAID IMPROlVEMENTS SHALL BE PAID BY .AND ASSESSED AGAINST THE
ABurTING PROPERTY AND THE OViNERS THEREOF ,AND FOR INCIDENTAL MATTERS;
DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO
SUCH IMPROVEMENTS ARE AJlID SHALL BE UNDER AND BY VIRTUE OF ARTICIE
llOS (b) OF THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY
SECRETARY TOl FILE A NOTICE OF THIS ORDINANCE 1IIJITH THE COUNTY CLERK
OF HARRIS COUNTY, TEXAS, AS PROVIDED BY LA'W AND TO ADVERTISE FOR BrIS
TO BE RECEIVED AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN
EMERGENCY.
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'WHEREAS, the City COmmiss,ion of the City of West University
Place, Texas, has heretofore considered the advisability and necessity
of the permanent improvement .of the hereinabove and hereinafter stated
portions of certain Streets in the City of 'West University Place, Texas,
and plans and specifications fox< such improvements have been prepared by
the Engineers for said City, and submitted to the City Commission; and
having examined -and I;;onside;red said plans and specif.ications, the City
Commission has decided to initiate the improvement of said portions of
said streets; Now, Therefore,
BE IT ORDA.INED BY THE CITY COMMISSION OF THE, CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The City Commission of the City of West University
Place, Texas; hereby determines the necessity for and orders the
pennanent improvement of
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RICE BOULEVARD from the west linl? of KIRBY DRIVE to the west line
of BELMDNT STREET; and
WAKEFOREST S'TREET from the north line of RICE BOULEVARD to the
north line of PLUMB STREE'f,
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in the City of West University Place, Texas, by the construction thereupon
of a concrete pavement with IIlonolithiccurbs, 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'RI.'Ovided in the plans and
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specifications therefor heretofore prepared and submitted to the City ,
Commission by the engineers for said City, and hereinafter approved and
adopted.
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The City Commission here and now approves and adopts the plans
and specifications for such improvements heretofore prepared and sub.:...
mitted to it by said 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 I. RICE BOULEVARD from the west line of KIRBY
DRIVE to the west line of BELMONT STREET; and
Section 2. WAKEFOREST STREET from the north line of
RICE BOULEVARD to the north line of PLUMB STREET.
Section 3. Each of the above designated sections of the
imp!,<?vements ordered 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 separate instruments and contracts had
been executed for each such section separately, and to the same effect
and extent as though separate 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 segregated sections shall be constructed and ,the
respective beginning dates thereon shall be determined by the engineers
for the City.
Section 4: Henry J. Johnson, Engineer for the City, is here
and now directed, as soon as he may conveniently, do so, to prepare an
estimate of the cost of such iinprovements, 'as provided by Article 1105-b
hereinafter mentioned, and to prepare also' a written statement which
shall contain the names of the persons, firms, corporations and estates
owning property abutting upon each portion ,of each street herein ordered
improved wi thin the limits names , with the number of front feet owned
by each, describing such property either bY'lot and block number or in
arr;r manner sufficient to identify it.
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-wi t:
(a) The property abutting upon said streets 'Within the limits
hereinabove defined and the real and true owners thereof shall pay all of
the costs of curbs in front of their respective properties and shaJ..l pay'
not to exceed nine-tenths (9/10) of the remaining cost of such improve-
ments as shown on the estimate thereof by the'Engineer hereinabove
ordered to be made by him, exclusive, however, of the cost of such
improvements within intersections of said streets 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 (9/100 of the'estimated cost of such improvements exclusive
of curbs as so estimated by the Engineer.
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(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 abutting property and the real and true owners thereof
as set out in sub-paragraph (a) above.
The amounts payable by the abutting prope rty and the real and true
O'Wllers thereof, shall be assessed against such property and the real and true
oYmers 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 payable 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
(0) 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 with interest'thereon from
said date of acceptance at the rate of five (5%) per cent per annum., payable
annually, with eight per cent (8%) interest on past due principal and interest,
but said properly owners shall have the privilege of paying anyone or more of
said installments before ,their maturity by payment of principal arid interest
thereon, and such certificates as may be issued to evidence such assessments
shall provide that in the event of default'in payment of any installII1ent thereupon
when due, whether of principal or interest, the whole of such "certificate may be
matured and declared due at the option of the holder thereof.
Section 6. This ordinance is adopted and all of the further,proceed-
ings in connection with such improvements and the construction thereof and such
assessments shall be pursuant to the powers given by and in accordance with the
provisions of the Acts of the 40th Legislature of the State of Texas, 1927,
First Called Session, relatingt6street iIil.prOvements andassessments,therefore,
and being Chapter 106 of thet\eneral and Special Laws of said Session, as
amended, said act being commorily mown as Article l105-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 hereby directed to file a notice of
the adoption of this ordinance with the County Clerk of Harris County, Texas,
pursuant to the provisions of Article 1220-a of the Revised Civil Statutes.
The City Secretary is further directed to advertise for ~e:ued. bids
for such work and improvement in' accordance with the plans and specif~cat~ons
hereinabove adopted and approved; which bids may be received by and filed with
the City Secretary at or before 7:30 o'clock P. M. 1948.
Section 8. The fact that the portions of the streets herein ordered
improved wi thin the limits herein defin~d and stated are in" need of ~provement
, as promptly as possible, creates a publ~c emergen~y, ~nd there~ore t~s
Ordinance shall be passed finally on the date of ~ts ~ntroduct~on, this
II day of April 1948 , 'and shall take effect immediately upon its
pa~sage and approval by tlie MaYOr.
Passed this
14
_day of
, 1948.
April
Commissioners
Hamlett, Lammon, and Mayor Lee present.
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Voting Aye:
CoinIniss ione rs
'Voting Noe:
A pproved this ~
1948.
APPROVED:
City Attorney.
ATTEST:
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