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HomeMy WebLinkAboutORD 394 - ORD Determing the necessity and Ordering Certain Portions of Intersection 225 ORDINANCE NO. 394 I~: LJ AN ORDINANCE DETERMING THE NECESSITY FOR AND ORDERING THAT CERTAIN PORTIONS OF MARQUETTE STREET in the 3900 and the 4100 blocks thereof; and VILLANOVA STREET in the 4100 block thereof; and SOUTHWESTERN STREET in the 3800 and the 3900 and the 4100 blocks thereof; and r-l I ' L TENNYSON STREET in the 3900 block thereof; and LYING BET~WEEN THE, RESPECTIVE INTERSECTING STREETS IN EACH INSTANCE 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 BHICH SECTIONS SK~LL BE TREATED AS A SEPARATE AND CO~~LETE UNIT; DIRECTING AJ\TD REQUIRING THE ENGINEERS FOR THE CITY TO PREPARE ,AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OI'VNERS OF THE PROPERTIES A3UTTING ON "EACH PORTION OF EACH STREET TO BE DiWROVED, TOGETHER WITH A DESCRIPTION OF THE RESPECTIVE PROPERTIES; PROVIDING THAT A PART OF THE COST OF SAID 1M..:. PROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTE..B.S; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IIvIPROVEIvIENTS ARE AND SWI.LL BE UNDER AND BY VIRTUE OF ARTICLE 1105 (b) OF THE RE- VISED STATUTES OF TEXAS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE WI TH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, AS PROVIDED BY LAW AND TO ADVERTISE FOR BIDS TO BE RECEIVED AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN EMERGENCY. .;~ ~~ -* * ...* * if- ?~ -1f- if- * WHEREAS, the City Commission of the City of West University Place, Texas has heretofore considered the advisability and necessity of permanent improvement of the hereinabove referred to and herein- after stated portions of Marquette, Villanova, Southwestern and Tennyson Streets in West University Place, Texas, and plans and speci- fications 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 City Commission has de- cided to initiate the improvement of said certain portions of said streets; Now, Therefore, r, i ' i BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: i '----- Section 1. The City Commission of the City of West University Place, Texas, hereby determines the necessity for and orders the perma- nent improvement of those certain portions of: _ _ 1:.:: :':. :.:.:....:::..: ::~L~ ~~:__~~_:~~ __I:' " _ ______ ,:II i !. II: ' r.:" : I 226 MARQUETTE STREET (in the 3900 and the 4100 blocks thereof); and -1 I VILLANOVA STREET (in the 4100 block thereof; and SOUTHWESTERN STREET (in the 3800 and 3900 and 4100 blocks thereof; and TENNYSON STREET (in the 3900 block thereof), as hereinafter set out, 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 here- inafter referred to; said improvements to be of materials and to be constructed in the manner provided in the plans and specifications therefore heretofore prepared and submitted to the City Comrnission by the Engineers for said City, and hereinafter approved and adopted. 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 No.1. South one-half of MARQUETTE STREET (in the 3900 block thereof) from the East line of Lot 8 to the West line of Lot 7, all in Block 4, COLLEGE VIEW, First Addition; and -\ , I I ---.J " I Section No.2. North one-half of MA.RQUETTE STREET (in the 4100 block thereof) from the East line of Lot 118 to the West line of Lot 118, FAIR- HAVEN ADm TI ON ; and Section No~ 3. North one-half of VILLANOVA STREET (in the 4100 block thereof) from the East line of Lot 138 to the West line of Lot 138, FAIR- HAVEN ADDITION; and Section No.4. South one-half of VILLANOVA STREET (in the 4100 block thereof) from the East line of Lot 124 to the West line of Lot 124 in FAIR- HAVEN ADDITION; and Section No.5. North one-half of SOUTHWESTERN STREET (in the 3800 block thereof) from the East line of Lot 10 to the West line of Lot 11 and from the East line of Lot 15 to the West line of Lot 15, all in Block 3, COLLEGE VIEW, First Addi- tion; and 11 I I ,_J - -'- 0....... ~-~__._._ 227 (-, I I l_J Section No.6. South one-half of SOUTHW~STERN STREET (in the 3800 block thereof) from the East line of Lot 9 to the West line of Lot 9 in Block 6, COLLEGE VIEW", First Addition; and Section No.7. North one-half of SOUTHWESTERN STREET (in the 3900 block thereof) from the East line of Lot 15 to the West line of Lot 16, all in Block 4, COLLEGE VIEW, First Addition; and Section No.8. South one-half of SOUTHW~STERN STREET (in the 4100 block thereof) from the East line of Lot 75 to the West line of Lot 75, and from the East line of Lot 78 to the West line of Lot 78 in FAIRHAVEN-ADDITION; and Section'No. 9. North one-half of SOUTHvVESTERN STREET (in the 4100 block thereof) from the East line of Lot 91 to the West line of Lot 91 inFAIRHAVEN ADDITION; and Section No. 10. South one-half of TENNYSON STREET (in the 3900 block thereof) from the East line of Lot 7 to the West line of Lot 7, Block 13, COLLEGE VIgN, Third Addition. Section 3. Each of the above designated qections of the improvements ordered hereby, and the contract and all proceedings vd. th 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 s~e effect and extent as though separate assessment proceedings were had for each such section, so that each such respective section hereinabove desig- nated 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 res- pective beginning dates thereon shall be determined by the engineers for the City. Section 4. Hem:.! J. Johnson, Engineer for the City, is here and now directed, as soon as he may conveniently do so, to prepare and estimate of the cost of such improvements, as provided by Article ll05-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 im- proved within the limits named, with the number of front feet owned by each, describing such property either by Ibt and block number or in anyc manner sufficient to identify it. . r---' . I I ! : I "----' 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 respective portions of said streets hereby ordered tob~.improved, and by the owners of such property, as fol- lows, to-wit:: " O.i "~,'.'-' ..--L1e II: ' I I::-, ',J ,1 228 (a) The property abutting upon said str.eets 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 shall pay not to exceed nine-tenths (9/10) of the remaining cost of such im- provements as shOvtl1 on the estimate thereof by the Engineer hereinabove ordered to be made by him; 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 (9/10) of the estimated cost of such improvements exclusive of curbs as so estimated by the Engineer. (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 mvners thereof as set out in subparagraph (a) ~bove. 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 owners 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 in installments as may be fixed and determined by the City Commission of the City of West University Place, Texas, in subsequent proceedings with reference to said improvements, or as are provided in Article 1105-b, Revised Civil Statutes of Texas, here- inafter referred to. Section 6. This ordinance is adopted andQall 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 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 l220-a of the Revised Civil 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 re- ceived 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 within the limits herein defined and stated are in need of improvement as promptly as possible, creates a public emergency, and therefore this Ordinance shall be passed finally on the date of its in- " ... : ------- '-.J 11 i I U o ,. ~) ! ! LJ Ii I I I ; U 229 troduction, this 23rd day of August, 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 23rd day of August, 1948. Commissioners Armer, Douglass, Lartmon and Mayor Lee voting aye. Commissioners - none voting no. APPROVED this 23rd day of August, 1948. A'rTEST: ~. , City Se " APPROVED: City Attorney _~ I: "'::::1' ... :. :~:::1 , ~[ 1...1: _~ J: .