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Home My WebLink AboutORD 407 - ORD Determing and Directing Engineers on Improvement of the Streets .Jr I , "', :I: .. " ...J , __:....! ! I 6.' ORDINANCE N6~ 407 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CERTAIN PORTIONS OF " SWARTHMORE STREET in the 4100 block thereof; and o " BYRON STREET in the 3800 Block thereof; and CASE STREET in the 3900 Block thereof; and LYING BETWEEN TffE 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, IMPROVE- MENTS; 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 IN ESTIMATE OF THE COST OF SUCH IMPROVE- MENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OW"NERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IMPROVED, TOGETHER WITH A'DESCRIPTION OF TIlE RESPECTIVE PROPERTIES, PROVIDING THAT A PART OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY THE CITY AND A PART OF THE COST OF THE SAID IMPROVEMENTS SHALL BE PAID BY AND' ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARHm THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS 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 ORDI- 0 NANCE WITH 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. ************ 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 hereinafter stated portions of Swarthmore, Byron and ,Case Streets in West University Place, Texas, and plans , and specifications for sucp improvements have bee prepared by the Engineers for .said City and submitted to the City Commission, and h~ving examined and con- sidered said plans and specifications, the City Commission has'dec~ded to init- iate the improvement of said certain portions of said streets; Now, Therefore, BE IT ORDAINED BY THE CITY CO,MMISSION 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 improvement of those certain portions of: SWARTHMORE STREET in the 4100 block thereof; and I . CASE STREET in the 3900 block thereof; o BYRON STREET in the 3800 block thereof; and J ] l I ,7- as hereinafter set out, by the construction' thereupon of a concrete pavement 1lV-ith monolithic curbs, and appurtenances and incidentals to such improvements, all as provided by the plans and specii'ications hereinafter 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 Commission by the Engineers for said City, and hereinafter approved and adopted. The City Commissi9n here and now approves and adopts the plans and speci- fications for such improvements heretofore prepared and submitted to it by said Engineers for the City of West University Place, Texas. Section 2. The streets and portions thereof herein qrdered 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. North one-half of SWARTHMORE Street abutting Lots 5, 6 iI:l Block 25, Colonial Terrace Addition; and Section No.2. North one-half of SW~~THMORE Street abutting Lots 9 and 10, Block 25, Colonial Terrace Addition; and Section No.3. South one-half of SWARTHMORE Street abutting Lot 20, Block 26, Colonial Terrace Addition; and Section No.4. South one-half of BYRON Street abutt~ng Lot 6, Block 10, College View First Addit~on; and Section No.5. South one-half of CASE Street abutting Lot 13, Block 12, College View First Addition, all in the City of West University Place, Texas. Section 3. Each of the above designated sections of -the improvements 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 separ- ately, 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 res- _ pective segregated sections shall be constructed a~d 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 no so, to prepare an estimate of the cost of such improvements, 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 within the limits named, with the number of front, feet owned by each, describing such property either by lot and block nuurrber 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 and a part thereof shall be paid by the property abutting upon the respective ,portions of said streets hereby ordered to be im- proved, and by the owners of such property, as follows, towit: r" . Ir . . \ , I JT' I ._-~ " ..f 1;"= ',.,..,.., ,;~ ,J;..~...: ,:.:, ,"] . 8- I (a) The property abutting upon said 'streets with~ the limits herein';" above 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 inprovements as shown on the estimate 0 thereof by the Engineer hereinabove ordered to be made by him; provided, however I 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 pine~tenths (9/10) of the estiIIIated cost of such improvements exclusive of curbs as so estimated by t~e $ngineer. (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 subparagraph (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 owners thereof, and shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and tru€ owner 0 thereof and shall be payable in insta1.lments as may be-fiXed and determined by the City Commission of the City of West University Place, Texas, in subsequent proceedings with re- ferenee to said improvements, or as are provided in Article 11Q5-b, Revised Civil Statutes of Texas, hereinafter referred to. Section 6. This ordinance is adopted and all of. the further proceedings in connection with such' improvements arid' the construction thereof and such assess- ments shall be pUrsuant to the powers given by and in accordance ,with the pro- visions of the'Acts of the'40th LegislatUre of, the State of Texas, 1927, First Called Session, relating to street iIIIprovements and assessments therefor, and 0 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, T~xas. Section 7. The Cit.f Secretary is hereby directed to file. a notice of the adoption of this ordinanoe with the County Clerk of Harris County; Texas, pursuant to the provisions of Article 1220~a of the Reytsed Civil Statutes. The City Secretary is 'further directed to advertise for sealed bids Jor 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. October 11, -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 introduction, this, 27th day of September, 1948, and shall take effect immediately upon its passage and a~proval by the Mayor. PASSED this 27th day of September, 1948. COMMISSIONERS Armer, Hamlett, Lan.mon and Terry, and Mayor Lee voting aye. NONE - voting no. APPROVED this 27th day of September, 1948. I I ATrEST, ~ .~., '~ , ~ TARY o 9 ORDINANCE NO. 408 ------, I AN ORDINANCE APPROVING A BUDGET FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FISCAL YEAR BEGINNING SEPTEMBER 1, 1948; PROVIDING FOR THE APPROPRIATION OF PUBLIC FUNDS OF THE CITY FOR USE AND EXPENDITURES; AND PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ,ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY , PLACE, TEXAS: I That the budget of the City of West University Place for the fiscal year beginning September 1, 1948, an exact copy of which is attached hereto, marked "Exhibit AU and made a part 'hereoff'for all purposes, is hereby adopted as the budget of the City for said fiscal year. II That there is hereby appropriated out of the public funds and monies of the City of West University Place, Texas, such sum and sums, or any part thereof as may be authorized and directed by the City Commission to be paid by , the City for the uses and purposes set forth in the said budget. III ........, That all ordinances and parts of ordinances in conflict herewith are hereby repealed, insofar as such conflicts exist only. -...-.J PASSED AND APPROVED this 27th day of September, A. D. 1948, by a vote of 5 Ayes and 0 Noes. EXHIBIT A City of West University Place, Texas, Budget for Fiscal Year 1948-49. TOTAL $ 105,500.29 47,947.44 61,026.25 46,319.40 25,715.00 20,665.00 4,740.00 6,095.00 6,823.75 5,156.66 $ 329,988.79 19.7rJO.00 $ 349,738.79 165,173~10 ~ 48.~26.90. <'/% $ 213, 00.00 $ 563,238.79 /GttI &~ Tax ~inking Fund General and Administrative Street and Br2dge Department Garbage Department Police Department Fire 1Jepartmen t Tax Department Inspection Department Health Department Repay Bank Loan (City National Bank) , Swimming Pool Budget Sub Total Water Department Sewer Department , -.J GRAND T(}.'1'AL ,', ~., ~ ATTEST: ~, . CITY SECR RY-' , --~ I' . l . . . '_.-.I I' , -=.if