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Home My WebLink AboutORD 423 - ORD Determing Rice Blvd and Milton Street Improvement :JTr-r- .. 1: -l- "1:. ..;... _...L_.~ ...J._ . _~__;.... ...1 I n 46 "-~ : ORDTNANr.F. NO )t?3 AN ORDINANCE DETERMINING THE NECESSITY FOR AN ORPERING THAT MILTON STREET FROM THE WEST LINE OF AUDEN ,STREEl' . TO THE EAST LINE OF COLLEGE STREET; RICE BOULEVARD FROM THE EAST LINE OF COLLEGE STREET TO THE EAST LINE OF lNESLAYAN STREET, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IM- PROVEMENTS; PR"O\TIDING FOR SEGREGATION OF PORTIONS OF SAID STREETS INTO SEPARA.TE SECTIONS, EACH OF WHICH SECTIONS SHALL BE TREATED AS A SEPARATE AND COMPLETE UNIT; DIRECTING AND REQUIRING THE ENGI- NEER FOR THE CITY TO PREPARE AN ESTIMATE OF THE COST OF SUCH IM- PROVEMENTS AND A' WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IM- PROVED, TOGETHER WITH A DESCRIPTION OF THE RESPECTIVE PROPERTIES'; PROVIDINH THAT A PART OF THE COST OF SAID IMPROVEMENIS SHALL BE PAID BY THE CITY AND A PART OF THE COST OF THE SAID IMPROVE;.\WNTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPER TY AND , THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IM- PROVEMENTS 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 VITTH 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 EMERGEN CY . 1;VHEREAS1 the City Commission of the 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 specifi- . cations for such improvements have been' prepared by the E...'1gineer for said City, and submitted to the, City Commission; and having examined and considered said plans and specifications, the City Commission has decided to initiate the im- provement of said protions of said streets; N07V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , Section L The City Commission of the City of West University Place, Texas, hereby determines the necessity for and orders the permanent improve- ment of: MILTON STREET from the West line of Auden Street to the East line of College Street; -J~, 46 ~ '-...J I~ J RICE BOULEVARD from the East line of College Street to the East line of Weslayan Street, in the City of West University Place, Texas-;, by the construction thereupon of 'l acpncrete pavement with monolithic curbs, and appurtenances and incidentals to such imrrovements, all as provided by the plans and specifications herein- ~ 9t 4'1. -i after referred to; said, improvements to be of materials and to be constructed in the manner provided in the plans and specifications therefor heretofore pre- pared and submitted to the City Commission by the Engineer for said City, and hereinafter approved ang adopted. _J The Ci ty Commission here arid now approves and adopts the plans an d specifications for such im?rovements heretofore prepared and submitted to it by said Engineer 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 1: MILTON STREET from the West line of Auden Street to the East line of College Street; , Section 2: RICE BOULE"IJARD from the East line of College Street to the East line of Weslayan Street. Section 3. Each of the above designated sections of the improve- ments 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 sepa- rate 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; a~d the sequence in which said respective segregated sections shall be con- structed and the respective beginning dates thereon shall be determined by the Engineer 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 1105-b hereinafter m~ntioned, 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 number or in any manner sufficient to identify it. Section r:;. A part of the cost of such improvements shall be paid by the City of West University ~lace and a part thereof shall be paid by the pro- perty abutting upon the portions of said street hereby ordered to,be improved, and by the owners of such property, as follows, to-wit: (a) The property abutting upon siad streets within the limits here- inabove 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 improvements as Sh01Vll on the estimate thereof by the Engineer hereinabove. ordered to be made by him, ex- clusive, however, of the cost of such improvements ~dthin intersections of said streets w~th other streets, avenues and alleys as so estimated; provided, how- ever, 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 such improvements exclusive of curbs as so estimated by the Engineer. .~ " s;:: ,..;. ,ow 1__;, -;r"" ._.:;-..... ,---Z 48 (b) The City of West University Place shall pay alL of the re- mainder uf said cost of said improvements after deducting the amounts herein specified to be paid by the abutting property and the real and true ovmers thereof as set out in sub-paragraph (a) above. I LJ 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 as follows, . to-wi t: That said amounts payable by the property owners shall be paid in five (5) equal installments, on,l?, installment to be due and I8yable in thirty (30) days after the completion of said improvements and the acceptance there- of by the City of West University Place, ahd another installment in a like amount to be due and payable in one, two, three and four years, respectively after said date of acceptance with interest thereon from said date of accep- tance 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 principai 'and interest there- on, and such certificates as may be issued to evidence such assessments shall provide that in the event of default in i)ayment of any installment thereupon when due, whether of principal or interest, thewhole'of such certificate may be mature~ and declared due at the option of the holder thereof. Section 6. This ordinance is adopted and all of the further pro- ceedings in connection with such improvements and the' construction thereof ~ and such assessments shall be pursuant to<the powers given by and in accord- I ance with the provisions of the Acts of the 40th Legislature of the State of i~J Texas, 1927, First Called Session, relating to street improvements and as- sessments 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 1220-a of the Revised Civil Statutes. The City Secretary is further directed to advertise for sealed bids for such work and improvement" in accordance wi t.h 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. November 19, 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 improve- ment as promptly a~ possible, creates a public emergency, and therefore this Ordinance shall be passed finally on the date of its introduction, this 25th day of October, 1948, and shall take effect iw~ediately upon its passage and approval by the Mayor. PASSED this 25th day of October, 1948. l ..-.J 49 Commissioners Lanmon, Terry and Mayor Lee voting aye. None - voting no. APPROVED th1S 25th day of October, 1945. ~ ATTEST: -J~"J r CITY Y , ' . '1 " Ir