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HomeMy WebLinkAboutORD 485 - ORD Approving Plans and Specifications for Improvement of Mercer Street 2.03 ORDINANCE NO.h8~ AN ORDINANCE APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVE- MENT OF MERCER STREET FROM THE SOUTH LINE OF UNIVERSITY BOULE- VARD TO THE NORTH LINE OF BELLAIREBOULEV'ARD; PROVIDING FOR UTILIZATION OF THE CONTRIBUTION BY HOUSTON NATURAL GAS CORPO- RATION; PROVIDING FOR SEPARATE SEVERAL CONTRIBUTIONS BY THE CITY TOWARD THE COST OF CERTAIN SEVERAL PORTIONS OF SUCH IM- PROVEMENT; AUTHORIZING AND DIRECTING THE MAYOR AND CITY TREASURER UNDER CERTAIN CONDITIONS TO PAY SUCH CONTRIBUTIONS TO SOUTHVrnBT PAVING COMPANY, CONTRACTOR, TOWARD THE COST OF THE IMPROVEMENTS UNDER CONTRACTS BETWEEN PROPERTY OWNERS AND SAID CONTRACTOR; AND DECLARING AN EMERGENCY. WHEREAS, in replacing its gas line in Mercer Street between University Boulevard and Bellaire Boulevard, Houston Natural Gas Corporation necessarily excavated a portion of the area of said street and in connection therewith agreed to either replace and restore said portion of said street to its conditions prior to such excavation or to contribute the sum of $4,142.00 toward the cost of reconstructing the entire area of said street within the limits stated; and WHEREAS, numerous owners of property abutting on said Mercer Street within the limits stated have evidenced their willingness and de- sire to' make arrangements for the reconstruction of said street in accordance With plans and specifications approved by the City, and providing in general for a reconstructed asphalt stabilized base with a li inch Duraco topping and wi th the reconstruction of certain portions of the .curbing; but said owners desire that the City authorize the application of said Gas Company funds toward the cost of said street, and desire that the City pay the cost of the intersections and make sane additional contribution to the cost; and WHEREAS, certain properties on said portion of said Mercer Street are so platted that the longer side of said respective lots abuts Mercer Street and the houses constructed thereon side instead of fronting said street, so that the .cost of the street improvement to each such property and the owner thereof would be disproportionate to the benefits to said respective properties if it were necessary that the owners thereof pay on the same cost basis as properties which front on said street; and \ I WHEREAS, said various pI'operty owners have made tentative ar- rangements with Sputhwest Paving Company and E. F. Horton, the owner thereof, as contractor for the construction of said improvements at a price and on a basis found and determined by the City Engineer to be fair and re- sulting in cons iderable saving to the City; and -----, WHEREAS, due to the nature of the present street, maintenance costs to the City are relatively high and will continue to increase unless said street be substantially improved; and the City Engineer has investi- - gated the matter and has made his recommendations to the City Commission with reference thereto; and WHEREAS, pursuant to certification by the City Treasurer appro- :. :-:I _____________1 L____ L..JJ.....LJll....:...L.n -. ~~-.:. I;. 04 , priation has been made of a sum sufficient in the aggregate to cover the !I] several proposed contributions by said City toward ~he cost of the respective street intersections and the cost of improvements in the respective blocks on said street within the limits stated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: . Section 1. That the plans and specifications for the improvement of Mercer Street from the South line of University Boulevard to the North line of Bellaire Boulevard providing for a reconstructed asphalt stabilized base with a It inch Duraco topping and reconstruction of certain curbs and gutters as heretofore approved by the City Engineer be, and same are hereby, in all things approved for the work on said Mercer Street within the limits stated. Section 2. That Houston Natural Gas Corporation be authorized and directed to pay over to C. E. Garnmill, Trustee, the sum of $4,142.00 as the contribution of said Company toward the reconstruction of Mer.cer Street within the limits specified; and that upon delivery of said sum to said Trustee said Houston Natural Gas Corporation shall be released and discharged from any ,further cost or liability toward repairing and re- constructing said street occasioned by the earlier replacement of its gas line therein; and said Trustee hold said funds for disbursement as here- inafter provided. J 'I Section 3. That the City pay toward the cost of reconstruction of the respective separate intersections, to-wit the intersections of .Mercer Street with: , l_ J (a) Duke Street, the sum of (b) Pit tsburg Street, the sum of (c) Carnegie Street, the sum of (d) Cason Street, the sum of (e) Corondo Court, the sum of provided, however, that the Cit,y shall pay no portion of the cost of any such intersection unless said Mercer Street is improved in the blocks next North and South of the particular intersection. Section 4. That the City pay toward the cost of reconstruction of the respective separate blocks of Mercer Street the following separate sums , to-wit: (a) The 720 foot block from the South line of University Boule- vard to the North line of Duke Street, $ 1 :J (b) The 600 foot block from the South line of Duke Street to the North line of Pittsburg Street, $ 20E (c) The 600 foot block from the South line of Pittsburg Street to the North line,of Carnegie Street, $ (d) The 565.27 foot block from the South line of Carnegie Street to the North line of Cason Street, $ (e) The 200 foot block from the South line of Cason Street to the North line of Corondo Court, $ (f) The 197.94 foot block from the South line of Corondo Court to the North line of Bellaire Boulevard, $ provided, however, that the Ci~ shall pay no part of the cost of recon- struction of any. such block of Mercer Street unless said block is im- proved in its entirety in accordance with plans and specifications. , Section 5. That on behalf of "he respective property owners separately who, and'whose property, meet the conditions specified in this section the Ci~ shall pay a sum equivalent to 25% of .the total cost to such owner of the street improvement abutting the respective individual lots on said Mercer Street within the limits stated; provided that such contribution by the City shall be made in only the instances and under the conditions as follows: '(a) 'To qualify for such contribution the particular property must be so platted that the longer side of the particular lot abuts said street; (b) If improvements have been heretofore erected on such siding lot 85 in subsection (a) above, such improvements must face 'the East - West cross street and not face on Mercer Street; .(c) In the event a particular lot otherwise qualified has not been improved and improvements can be erected thereon fronting either Mercer Street or the cross street, then contribution by the Cit.y under this section shall be made only on the recommendation of the City Engin~er; (d) The entire block wherein such siding property is located must be improved in its entirety in accordance with the plans and specifications. Section 6. No work shall be commenced or performed on any portion of said Mercer Street toward the cost of which contribution by the City is desired, and is provided for hereby, -without the prior appro- val, of the City Engineer; and no contribution shall be made by the City toward any portion of the work not completed in accordance with plans and specifications and approved by the City Engineer within 4 monthsf~om date hereof. Section 7. All portions of the work toward Which contribution by the City is desired, and is herein provided for, shall be constructed ....-r-1I1 , ---. .J ,"T ...' ,I..,;, ,1 06':: under the supervision of' the City Engineer whose approval or rejectio~ as to eligibility for contributions by the City shall be final. , . ' Section 8. It is the purpose of this ordinance to authorize utilization toward the improvement of the stated portions of Mercer Street of the funds provided and to be contributed by Houston Natural Gas Corpo- ration toward the reconditioning and reconstructing of the street resulting from the work of said Company therein, and to specifically limit the con- tribution and the liability of the City with reference to the proposed improvement; and the property owners and the contractor shall make their own arrangements for all remaining costs of the work. Section 9. Upon completion of the improvements of Mercer Street wi thin the limits stated said C. E. Gammill, Trustee, shall be, and is hereby, authorized and directed to pay over to the contractor the funds received from Houston Natural Gas Corporation; or a pro rata portion thereof in the event less than all of the improvements are constructed. Section 10. The Mayor and City Treasurer are hereby authorized and directed to pay to said contractor the several respectiy:.e sums of contribution hereinabove authorized upon proper Certificates of completion by the Engineer. ' Section 11. The fact tha-tl said Mercer Street within the limits stated and each portion thereof' is 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 and shall take effect immediateily upon its passage and approval by the Mayor. PASSED this 30th day of August, 1949. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. None - Voting no. APPROVED this 30th day of August, 1949. A TrEST: ~~/_~ , ~,~ , Secretary , " ] II : I I . 'U .I II l , -j