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HomeMy WebLinkAboutORD 456 - ORD Determining the Necessity & Ordering Improvements of Intersections r---- -------.; _ , , . , ~ ~S2 ORDINANCE NO. 456 "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CERTAIN PORTIONS OF: :] L&qIGH STREET, IN THE 4100 BLOCK THEREOF; DARTMOUTH STREET, IN THE 4100 BLOCK .THEREOF; AND LYING, BETWEEN 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 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 ENGINEER FOR THE CITY TO PREPARE .AN ESTIMATE OF THE COST OF SUCH IMPROVE- MENTS AND A WRITTEN -STATEMENl' OF, THE: NAMES OF THE OWNERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE. IMPROVED, TOGETHER WITH A DESCRIPTION OF THE RESPECTIVE PROPERTIES; PRO- VIDING THAT A PART OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY THE,-yITY AND A PART .OF THE COST OF THE SAID IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND TH:e; OWNERS ,THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IMPROVE- MENTS ARE AND _SHALL BE UNDER, AND BY VIRTUE OF ARTICLE 1105 (b) OF mE REVISED STATU.TES OF' TEXAS; DIRECTING THE CITY_ SECRETARY TO FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK OF HA..R.RIS COUNTY~ ,i:l TEXAS, AS PROVIDED BYLAW AND TO ADVERTISE FOR BIDS TO BE RECEIVED AND FILED WITHIN, THE TIME, PROVIDED; AND DECLARING AN EMERGENCY. 1-----..1 , WHEREAS, the City Co~ission 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 Lehigh and Dartmouth Streets in West University Place, Texas, and plans , and specifications for 'such improvements have been prepared by the Engineer for said City and submitted to the City Commission, and having examined and considered said plans and specificati'ons, the City Commission has decided to initiate the improvement of said certain portions of said streets; NOW, ,THEREF ORE, BE IT ORDAINED BY .THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SectionL- 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: LEHIGH STREEr (in the 4100 block thereof); DARTMOUTH STREET (in the 4100 block thereof); as hereinafter set. out, by the construction thereupon of .a concrete pavement ,,:] wi th monolithic curbs, and appurtenances and incidentals to such improve- / ments, all as provided by the plans and specifications hereinafter referred t53 I I i 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 Commission by the Engineer for said City, and herein- after approved and adopted. _I , . The City Commission here and now approves and adopts th~ plans and specifications for such improvements 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 im- proved 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 Lehigh-'Street (in the 4100 block thereof) from the East line of Lot 9 to the West line of Lot 9 in Block 20, College ,Court Addition; and ,SECTION NO.2:' The North- one-half of Lehigh Street (in the 4100 block thereof) from the East line of Lot 14 to. the West~ line of Lot 15 in Block 20 , Oollege Court Addition; and SECTIOI(NO. 3: The South one-half of Dartmouth Street (in. the ~ 4100 block thereof) ~rom the East line of Lot 8 to the West line of Lot 7,.in Block 19, College Court Addition. ~j Section 3. Each of the above. designated: -sections of the improve- ments ordered hereby," .and the contract and all proc,eedings with reference thereto shall be separate as to each of said sections, to the same effect and extent as, ~hough separate instruments and contract~~ha~ been executed 'for each such section separately, and to the'same effect and extent as - . , though separate assessment proc~edings were had. for each such section, so that each such respective section hereinabove designated shall be a sepa-, rate and distinct unit unto itself, wholly unrelated ,to and independent of each'other such section; and- the sequence 'in'which ~aid respective segre- gated sections shall be,constructeda,nd the respective'begiririirig dates thereon shall be determined by the Engineer for the City. ,Section 4. The 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 mentioned, and to prepar,e 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 '0f,frontfeet owned~by each, describing sucl1 property either by lot and block number pr, in any manner sufficient to identify it. --. I I Section 5. A part of the cost of such improvements shall be paid by the City of West Un~versity Place and 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, tmvit: ~ -~ '.....!.LI :r:r:-rll ..I \~::.. -;.~..." ~ .54' (a) The property abutting upon said streets within the limits hereinabove defined and the real ?-nd true owners thereof shall pay all of = --the costs of curbs' in front of their respective properties and shall, pay I[ 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; 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/l0)of the estimated cost of such improvements exclusive of curbs as so estimated by the Engineer. (b) The City-.'of' Wast University Place shall pay all of the re- mainder of said cost of said improvements after deducting the amounts here- in 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 true owner thereof ,and shall be: payable in instailments as maybe fixed and determined by the City Commission of the City of West University Place, Texas, in sub- sequent proceedings with reference to said improvements, or as are provided in Article 1105-b; Revised Civii Statutes of Texas, hereinafter referred to. .., . ',Section 6. This ordinance is adopted and all of the further pro- ceedings in connection with such improvements and the construction thereof ':J and such assessments shall be pursuant to the powers given by and in accor- "dance with the provisions of the Actsoi the 40th Legi~latu~e 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 Aricle 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 Secr,etary is hereby directed to file a notice 'of the adoption of this ordinailcewi th 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 with the plans and speci- fications' hereinabove adopted, ahd approved; which bids may be recei '\red :by ~d filed 1~th the City Secretary at or before 7:30 o'clock ' Sect; on 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 it~ in- troduction, this 11th day of April, 1949, 'and shall take effect immediately upon its passage and approval by the Mayor. o ~ 155 -I PASSED this 11th day of April, 1949. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. Commissioners - none voting no. APPROVED this 11th day of April, 1949. ATTEST: ~~-;~ Ci ty S'ecreta .