The URL can be used to link to this page

Home My WebLink AboutORD 371 - ORD Approving and adopting Plans for Improvement O......i. !: t , i [ n "--' 137 ORDINANCE NO. 371 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT UNIVERSITY BOULEVARD from the west line of KIRBY DRIVE to the east line of SEWANEE STREET; and , UNIVERSITY BOULEVARD from the east line of WESLAYAN STREET to the east line of COMMUNITY DRIVE; and ' The north one-half (1/2) of UNIVERSITY BOULEVARD from the east line of Lot 5 to the west line of, LOp' hE, all in Block 44, :West University Place, Second Addition; and " .... . , .J. RICE BOULEVARD from the 'west line of AUDEN STREET to the east line of COLLEGE STREET, IN THE CITY OF WEST UNIVERSITY PLACE; TEXAS, SHALL BE IMPROVED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS: PROVIDING,FOR SEGREGATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS,' EACH OF WHICH SECTIONS SHALL BE TREATED AS A SEPARATE AND COMP~T~ UNIT; DIRECTING AND REQUIRING THE ENGINEERS FnRTHE CITY TO PREPARE AN ESTIMATE OF THE COST OF SUCH I:MPROVEMENTS 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 ADESCRIPTIPN OF THE ~SPECTIVE, PRQPERTIES; PROVIDING THAT A PART OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY THE CITY AND A PART OF THE COST OF TfIE SAID IMPROVEMENTS SHAU. BE PAID BY AND ASSESSED AGAINST ' THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND 4LL "FURTHER PROCEED- INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE . UNDER AND BY VIRTUE OF ARTICLE 1105(b) OF .THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY SECRETARY TO' FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK, OF HARRIS COUNTY, TEXAS, AS PROVIDED BY LAW ,AND ,.TO. ADVERTISE FOR BID!? TO.. BE RECEIVED , AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. ,'******"**************,k*****",;' WHEREAS, The City Commission oithe city of West University Place, Texas, has heretofore considered the advisability and necessity of the perma- nent improvement of the hereinabove and hereinafter stated portions of certain Streets in the City of West University Place, Texas, and plans and specifica- tions for such improvements have been prepared ,by the Engineers for said City, and submitted' to the City Commission; and having examined and considered said plans and specifications, the Ci tyCommission has decided to initiate the improvement of said'pprtions of said streets; Now, Therefore, BE IT ORDAINED 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 permanent improvements of UNIVERSITY BOULEVARD from the wes,t line of KIRBY DRIVE to the east line of SEWANEE STREET; and o , UNIVERSITY BOULEVARD from the east line of WESLAYAN STREET to the east line of COMMUNITY DRIVE; and Tl1e north one;..half (l/Z) of UNIVERSITY BOULEVARD trom .." !"".-- -- ,..- ..,... 'I I II JI L , ,I 138 the east line of Lot 5 to the west line of Lot hB, all in Block 44, West University Place, Second Addition; and RICE BOULEVARD from the west line of AtmEN STREET to the east line of COLLEGE STREET, in, the City of West University Place, Texas, by the construction thereupon of a concrete pavement with monolithic curbs ,~_ and. appurtenances and incidentals to such improvements, all as provided by the plans and specifications herein- after referred to; said improvements to be of materials and to be constructed in the manner provided in the plans and specifications therefor heretofore prepared and submitted to the City Cormnission by the Engineers for said City, and hereinafter approved and adopted. The City Commission here and-now approves and adopts the plans and specifications fo~ such improvements heretofore prepared and submitted to it by said Engineers for the City of West University Place, Texas. Sectiqn 2. The streets and portions thereof herein ordered improved shall be and are hereby segregated and divided into separate and segreg~~ed sections, Which sections to be improved ase as follows: Section IIp. l. UNIVERSITY BOULEVARD from the west line of KIRBY DRIVE to the west line of BELMONT STREET; and Section No.2. UNIVERSITY BOULEVARD from the west line of BELMONT STREET'to the east line of SEWANEE STREET; and Section No.3. UNIVERSITY BOULEVARD from the east line of WESLAYAN STREET to the east line of COMMUNITY DRIVE; and Section No.4 The north one-half (1/2) of UNIVERSITY BOULEVARD from the east line of Lot 5 to the west line of Lot 4B, all in Block 44, West University Place, Second Addition; and Section No. 5 RICE BOulEVARD from the west line of AUDEN STREET to the east line of COLLEGE STREET . Section 3. Each, of the above designated sections of the improvements ordered hereby,. and the contract and all proceedings with r.eference 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 uni t 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 improvements, as provided by Article Il05-b hereinafter mentioned, and to prepare also a written statement which shall contain the names of the J__ I " -----, , J J [l [1 / [J 139 persons, firms, 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 it. Section 5. A part of the ,cost of such improvements shall be paid by the City of West University Place 'aM. a part thereof shall be paid by the property abutting upon the respective portions of said streets hereby ordered to be improved, and by the owners of such property, as follows, to-wit: ' (a) The property abutting upon said streets 'Within the limits here- inabove defined and the real and true owners thereof shall pay all of the costs of curbs im front of their respective properties and shall pay not to exceed nine-tenths (9/10) of the remaining cost of such improvements 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 inter- sections of said streets with other stree:ts, avenues 8Ild alleys as to estimated; provided, however, that in no event shall the cost of satd improve- mentsto be paid by the abutting property and the real and true owners thereof exceed the total cost of curbs and nine-tenths (9/10) of the estimated cost of such improvements exclusive of curbs as so estimated by the Engineer. (b), The Ci ty:bt West Universi tyPlace 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 thereo.f as set out in sub-paragraph (a) above. The amounts payable by the abutting' property and the real and true owners thereof, shall be assessed against such property and the real and true OViIlers thereof, and shall constitute a first and prior lien upon such abutting pro- perty, 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 (30) days after the completion of said improvements and the acceptance thereof" by _ the Ci~y 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 samd 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 property owners shall have the privilege of paying anyone or more of said installments before their maturity by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessments shall pro- vide that in the -event of default in payment of any installment thereupon when due, whether of principal or interest, the whole of such certificate may be matured and declared due at the option of the holderbhereof. " Section 6. This ordinance is adopted and all of the further proceedings 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, relating to street, improvements and assessments therefor, and being Chapter 106 of the General and, Special Laws of said Session, as amended, said Act being commonly known as,Article 1105-b, Revised Civil Statutes of Texas, 1925, and having been adopted by the City of West University Place in A\rticle XXII of the Charter of the City of West University Place, Texas. " '-.~ III .. .. IT' I.. .. 140 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 Article1220-a of the Revised Civ~l Statutes. The City Secretary is further directed to advertise for sealed bids for such work and improvement in accordance with the plans,and specifications 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. ' ' 1949. Section 8. The fact that the portions of the streets herein ordered improved within the limits herein defined and stated are in need of improve- ment as promptly as possible, creates a public emergency, ani therefore this Ord.inance shall be passed finally on the date, o~its introduction, this "20th day of April, 1948, and shall take effect immediately ,upon its passage and approval by the Mayor. [_I Passed thi~ 20th day of April ,1948. Commissioners, Lanmon, Hamlett, Douglass, and Armer voting aye. Commissioners voting no. Approved this 20 day of April i 1948. :J e.~. City of West University Place. , ATTEST: APPROVED: City Attorney etary ~ []