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Home My WebLink AboutORD 494 - ORD Determining the Necessity Ordering Portions of 4100 block of Byron Street and 4100 of Case street ~'r ~ -, " I --' .-=.....} . \.-~:: ~...!. 223 ORDINANCE NO. 494 AN ORDINANCE AGAIN DETERMINING THE NECESSITY FOR AND AGAIN ORDERING THAT PORTIONS OF THE 4100 BLOCK OF BYRON STREET, , 4100 BLOCK OF CASE STREET, AND WEST POINT STREE:I' FROM THE SOUTH PROPERTY LINE OF CASE STREET TO THE NORTH PROPERTY LINE OF 'BYRON STREET, ';'JJ.;,"ibi.~j sAND: LYING BETlNEE-W THE RESPECTIVE INTERSECTING i.:; C!;', 10 G,cll "i'2l>JI (J[~~ ~EEn"S )m&aw.~S'i'A~NEE"r, , ,._', ~ r::U_c'lt _~;'J:::':~ G0.s~"IO.i' l.~-;~.~ ~.i. __ '..) t c:~ ~~:~)0-l-"): .L_":.t'j8 .: IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IM- PROVED, IN:, ACCORDANCE WITH THE JULY 11, 1949 CONTRACT BE- TVffiEN THE CITY AND RUSS MITCHELL, INC. AND AMENDMENTS THERETO; PROVIDING THAT. A PORTION OF THE COSTS OF' ~AID IM- PROVEMENTS SHALL BE PAID BY THE CITY AND A PART THEREOF , . SHALL BE PAID BY OWNERS OF ABUTTING PROPERTIES, ,AND THAT A PART OF 'THE COSTS', AS SHOWN ON THE ESTIMATE HEREIN PRO-- VIDEo FOR,' OF SAID IMPROVEMENTS ON, CERTAIN DESIGNATED SEGRE- GATED SECTIONS SHALL BE PAID 'BY THE CITY AND'~fPART THEREOF SHALL BE, PAID BY, AND ASSF..8SED AGAINST, THE AairrTING PROP- ERTIES AND THE OWNERS THEREOF; DIRE9TING AND RtQUIRI~G THE ENGINEER FOR -THE CITYTOPR'EPARE, AN, ESTIMATE ,'OF,Tm; CQST OF, SUCH IMPROVEMENTS ON EACH OF- CERTAIN, DESIGNATED SEGREGATED , SECTIONS SEPARATELY, AND A lJilRITTEN STATEMENT OF THE NAMES ' OF THE' 01,'v'NERS OF THE PRGPERTIES ABUTTING ON EACH SUCH DESIG- NATED'SEGREGATED SECTION OF THE RESPECTIVE STREETS :ro' BE--' ,,' IMPROVED, TOGETHER WIT,H,A DESCRIPTION OFSUCH,RESPECTlVE PROPERTIES;, PROVIDING FOR INCIPENTAL M.ltTTERS; DECLA:p.ING.. THAT' "THIS' ,ORDINANCE AND ALL FURTFUm. PROCEEDINGS, RELATING TO " strCI1 J;MPROVEMENTS 'ON SUCH DESIGNATED SEGREGATED SECTIONS , ARE, AND SHAl.L BE, T:JNDER AND BY- VIRTUE, OF A.'RTIGLEIIO):':'b OF THE REVISED .STATUTES OF TEX..~S; 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: DE- CLARING AN ElVlERGENCY. " 'WHEREAS, the City Commission of.the City of West University Place, Texas, has heretofore determined 'the necessity for, and ordered the permanent improvement of portions of The' 4100 blocKs' of each 'B,YRON and CASE STREETS' and' " ~T POI1~ STREET,be~weensaid Byron and Case Streets, '~pd pursuant to due and proper advertisement for and receipt of bids, a contract for such improvements has heretofore been ,duly and legally . ) awarded to Russ Mitc.hell, Inc. under date of July 11,' 1949, and certain amendments therein and addenda thereto have subsequently been made b.e- ~', ..... '. . , , :.. ~ . .'( :lI...~. '.,. .\, ......... '"' 111- .....LIIII :. ,~ ~ ---.:-: .-1.-, :24 tween the parties pursuant 'to action of the City Commi$sion, NOW, THERE- FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: \ ~, , Section 1. The City Commission of the City of West University Place, Texas, hereby again determines the necessity for and again orders the permanent improvement of: o That portion of Byron Street in the 4100 Block thereof from the East line of West Point Street, being the West' property lines of Blocks 27. , and 28, Colonial Terrace Ad~ition, to the East line of Lot (0: i,ti';$aidBlock 21- and: the 'Ea.$t line ot 'Lot '2,1 , in said Block 28, Colqriial Terrace 4ddition;, Those portions of Case Street in the 4100 Block thereof; (a) The North one-half of said street from the East line of West Point, being the West property line of Block 26, Colonial Terrace Addition, extending East to a point ten , feet East of the East property line of Lot 10 in said Block 26; and ' (b) The South one-half of said street from the East line of West Point, being the West property line of Block 27 in Colonial Terrace Addition, extending East to the East line of Lot 19 in said Block 27; and from the West line of Lot 14 to the East line of said Lot i4 in said Block 27, Colonial Terrace'.ddition; o The East one-half of West Point Street from the South property line of Case Street to the North property line of Byron Street; by the construction thereupon of a concrete pavement with monolithic curbs and appur'tenances and incidentals to such improvements, all as provided by the plans and specifications .and contract and the amendments and ad- denda thereto heretofore approved by the City. Section 2. In said contract and amendments and addenda thereto provision has been made for payment by the City of the cost of said im- provements on one-half of the width of said Byron, Case and West Point Streets abutting Lots 1 to 6, inclusive, and 21 to 26, inclusive, in Block 27, Colonial Terrace Addition, owned by the/pity of West University Place, Texas; and provision is therein, made for tfie payment by the owners of certain other properties on said Byron and Ca$e Streets under con- tracts made direct between said owners and Contractor; and provision is therein made for the Construction of improvements on certain other portions of said Byron and Case Streets under conditions as therein stated; and provision is thereby made'that a part of the cost of the im- provement of said streets shall be paid by the City and a part thereof shall be paid by owners of said certain abutting properties. Each of the II,-~J' portions of said Byron, Case and West Point Streets referred to in this section hereof shall be treated wholly independent ,of each of the other 2'2E of said portions, and wholly independent of and unrelated to each of the segregated sections set forth in Section 3 hereof, the same as though separate instruments and contracts had been executed with reference to each thereof. Section 3. 'Other portions of said Byron and Case Streets herein ordered improved shall be, and are hereby, segregated and divided into separate segregated sections, to-wit: " Section 1: South one-half of Byron Street abutting Lot 26 in Block 28, Colonial Terrace Addition; Section 2: South one-half of Byron Street abutting the East 25 feet of Lot 24 and the West 35 feet of Lot 23 in Block 28, Colonial Terrace Addition; Section 3: South one-tialf of Byron Street abutting Lot 21 in Block 28, Colonial Terrace Addition; Section 4: North one-half of Case Street abutting the Downing property, conveyed by deed in Vol. 1735, page 493, of the Deed Records of Harris County, Texas, as Lot 6, and occupied as the East 35 feet of Lot 6 and the West 15 feet of Lot 7, all in Block 26, Colonial Terrace Addition; ----: Section 5: North one-half of Case Street abutting the East 35 feet of Lot 9, all of Lot 10 and the West 10 feet of Lot 11, all in Block 26, Colonial Terrace, Addition; Section 6: South one-half or Case Street abutting Lot 14, Block 27, Colonial. Terrace Addition. Section 4. Each of the separate segregated section,s of the improvements ordered hereby, as above described'and set forth in Section 3 hereof, and the contract and all proceedings with reference thereto, shall be separa~e as to each of said segregated sections and as to each other portion of the streets ordered improved, to the same effect and extent as though separate instrUments en 0. contra cts 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 respective section hereinabove designated shall be a separate and distinct unit unto itself, ~mol~ unrelated to and independent of each other such section; and the sequence in which said respective segre- gated sections shall be constructed and the respective beginning date thereon shall be determined by the Engineer for the City. ." Section 5. 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 on each of said segregated sections, as set forth in Section 3 hereof, separately, as provided by Article 1105-b herei~- after mentioned, and to prepare also a written statement which shall ) ~l :"' "'1 _~X I II L III::T!I ._]-~. TI:..::..... t.. ,.."1 26 contain the names of the persons, firms, corporations and estates owning i:"J' property abutting upon each of said segregated sections within the limits , mimed, with the number of, front feet owned by each, describing such prop- erty either by lot and block number or in any manner sufficient to i- dentify.it. 'Section 6. -Apart of the cost of such improvements on said segregated sections, 'as set forth, in Section 3 hereof, shall be paid by the City of West University Place and a part thereof shall be paid by the property abutting upon said respect~ve sections of said streets, and by the owners of such property, as follows, to-wit: (a) The property abutting upon said sections of said streets within the limits hereinabove 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 here- inabove 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 exeeed the total cost of curbs and nine-tenths '(9/10) of the estimated cost of such improvements exclusive of curbs as so estimated by the Engineer. ' I ' (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 o-qt in subparagraph (a) above. J 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 installments as may be fixed and determined by the City Commission of ,the City of West University Place, Texas, in subsequent proceedings with reference to said improvements, all as provided in Article 1105-b, Revised Civil Statutes of Texas, herein- after referred to. Section 7. This ordinance, as to the segregated sections set forth in Section 3 hereof, is adopted, and all of the further pro- ceedings in connection with such improvements thereon 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 40th Legislature of the State of Texas, 1927, First Cal~ed Session, relating to_street im- provements and assessments therefor, and being Chapter 195 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 vYest University Place, Texas. Section 8. The City Secretary is hereby directed to file a notice' of the adoption of this ordinance, as to the segregated sections set forth in Section 3 hereof, with the County Clerk of Harris County, J 2,27 ~\ I I I Texas, pursuant to the provisions of Article 1220-a of the Revised Civil Statutes. Section 9. 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 23rd day of January, 1950, and shall take effect im- media tely upon its passage and approval by the :Mayor. PASSED this 23rd day of January, 1950. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. Commissioners - None voting no. APPROVED this 23rd day of January, 1950. -~ I , ATTEST: