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Home My WebLink AboutORD 489 - ORD Determining Necessity vCertain Portions of Darmouth, Leigh Street and Swarthmore Street ~II~I ! .J ""T.: ,,__..1_,;, .. ,:.._.., ..1 ~ 12'- ORDINANCjl N.D. h89 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CERTAIN :,- PORTIONS OF: ' - ~J DARTMOU'TH STREET, Il\I THE 4200 BLOCK THEREOF; LEHIGH STREEr, IN THE 4100 AND 4200 BLOCKS THEREOF; "SWARTHMORE STREET, IN THE 3800 BLOCK THEREOF; AND LYING BETWEEN THE RESPECTIVE INTERSECTING STREEl'S IN EACH IN- STANCE IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEli!ENTS; 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 IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IMflROVED, TOGETHER WITH A' DESCRIP- TION OF THE RESPECTIVE PROPER/liES; 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 AIIDTHE OWNERS THEREOF, AND FOR INCIDENTAL N.ATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IMPROVEMEi'ITS ARE AND SHALL BE UNDER AND BY VIRTUE OF ARTICLE 1105(b) OF THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY SECRE- TARY TO FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK OF HARRIS COUNTY" TEXAS, AS PROVIDED BY LAW AND TO ADVERTISE FOR BIDS TO BE RECEIVED AND FILED WITHIN THE THill PROVIDED; AND DECLARING AN EMERGENCY. ,I , I I ,---..J 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 Lehigh and Dartmouth Streets in West Universit.1 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 specifications, the City Commission has decided to initiate the improvement of said certain portions of said streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 perman~nt improve- ment of those certain portions of: DARTHMOUTH STREET, in the 4200 block thereof; LEHIGH STREET, in the 4100 and 4200 blockE thereof; , Swarthmore Street, in the 3800 block thereof; as hereinafter set out, by the construction there[ePon of a concrete pavement ~ Wli1th monoli ~ldlidc bcUrbths, alnd appurdtenan~fe~ ant~ inchi en~alsftto sUfCh imPdrotvemen~ds, ~_J a as prov~ e ye p ans an spec~ ~ca lOns re~na er re erre 0; sa~ / '213 l 1 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 hereinafter approved and adopted. The City Commission here and now approves and adopts the 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 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 Dartmouth Street (in the 4200 block thereof) from the East line of Lot 23 to the West line of Lot 23 in Block 9, College Court Place Addition; and SECTION NO.2: The South one-half of Dartmouth Street (in the 4200 block thereof) from the East line of Lot 13 to the West line of Lot 13 in Block 8, College Court Place Addition; and SECTION NO.3:' The South one-half of Lehigh Street (in the 4100 block thereof) from the East line of Lot 2 to the West line of Lot 2, in Block 21, College Court Place Addition; and ----., I SECTION No.4: The South one-half of Lehigh Street (in the h200 block thereof) from the East line of Lot 9 to the West line of Lot 9, in Block 6, College Court Place Addition; and SECTION No.5: The North one-half of Swarthmore Street (in the 3800 block thereof) from the East line of Lot 16 to the West 'line of Lot 17 in Block 15, Collegeview First Addition; , SECTION No.6: The North one-half of Swarthmore Street (in the 3800 block thereof) from the East line of Lot 12 to the West line of Lot 12 in Block 15, Collegeview First Addition. 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 separately, and to the same effect and extent as though separate assessment proceedings were had for each such section, so that each such re- spective 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 respective segre~ated ~~ctions shall be con- structed and the respective beginning 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 1l05-b hereinafter mentioned, and to prepare also a written statement which shall contain the ~ames of the per- sons, firms, corporations and estates owning property abutting upon each portion I 11.- ~I -. ~=.l_._.~---:1::..:::_.__:::-::"._.:J: 14 of each street herein ordered improved withiri 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 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 improved, and by the owners of such property, as follows, to-wit: I] (a) The property abutting upon said streets within 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 improvements as shown on the estimate thereof by the Engineer hereinabove ordered to be made by him; pro- vided, 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 im- provements 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 owners thereof as set out in subparagraph (a) above. The amounts payable by the abutting property,and the real and true owners ther~of; shall be assessed against such property and the real. and true oWners thereof, and shall constitute a first and prior lien upon such abutting l 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 pro- ceedings With reference to said improvements, or as are provided in Article 1105-b, Revised Civil 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 and such assessments shall be pursuant to the powers given by and in accordance with the provisions of the Acts of the hOth Legislatpre 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 Plac~ in Article XXII of the Charter of the City of West Uhiversity 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, p-ursuant 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 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., December 2, 1949. Section 8. The fact that the portions of the streets herein ordered l '--.--/ 215 ordered improved within the limits herein defined and stated are in need of ~ ' improvement as/promptly as possible, creates a public emergency, and therefore I this Ordinance shall be passed finally on the date of its introduction, this ! Ihtpday of November, 1949, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this lUth day of November, 19h9. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanman voting aye. ,Commissioners - None voting no. APPROVED this 14th day of November, 1949. ATTEST: ~~ . City s.. a~ ~ ! ; :-_.~ ______1 L " '....!II