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HomeMy WebLinkAboutORD 521 - ORD Finding & Determing Pratical process to Improvment portions of Dartmouth, Lehigh ans Swarthmore. 49 ORDINANCE NO. S21 = AN ORDINANCE FINDING AND DETERMINING THAT IT IS NOT PRACTICAL TO PROCEED WITH THE IMPROVEMENT OF THOSE PORTIONS OF DARTMOUTH, LEHIGH AND SWARTHMORE STREETS COM~RISING SECTIONS 1, 2, 4, and 5 UNDER THE JANUARY 23, 1950, CONTRACT BErWEEN THE CITY AND J. L.. WILLIAMS CONSTRUCTION CO., INC., CONTRACTOR; DIRECTING THE ABANDONMENT OF THE IMPROVEMENT OF SAID SEGREGATED SEC- TIONS WITH THE CONSENT OF THE CONTRACTOR, AND CANCELING THE JANUARY 23, 1950, CONTRACT BETWEEN T HE CITY AND SAID CONTRACTOR AS, TO THE IMPROVEMENTS ORIGINALLY ORDERED CONSTRUCTED ON SAID SEGREGATED SECTIONS; PROVIDING ,THAT ALL PROCEEDINGS HERETOFORE HAD AND SAID CONTRACT WITH REFERENCE TO ALL SEGREGATED SECTIONS AS THEREIN SET FORTH REMAI~",):W.FULL FORCE AND EFFECT, AND DECLARING AN EMERGENCY. 0"'" WHEREAS, by Ordinance No,.. 489, passed and approved November 14, 1949, the City Commission of the City of West University Place, Texas, determined the-necessity for and ordered the permanent improvement of certain portions of Dartmouth, Lehigh and Swarthmore>Streets in said city; and thereafter 'and pursuant to ordinance duly and regularly passed January 23, 1950, a contract of said date was duly authorized and entered into between the City and J. L. Williams Construction Co., Inc. for the con- struction of said improvements among other; and WHEREAS, the properties abutting certain portions of said Dartmouth, Lehigh and Swarthmore Streets designated in said contract and prior and subsequent ordinances as Sections Nos. 1, 2, 4 and 5 con- stitute homesteads of the owners thereof, and said owners have failed and' refused to give security as provided-by law for their proportionate parts of the cost of sai~ improvements; and the City Commission and Con- tractor have agreed and consented that said contract of January 23, 1950, . should be canceled and rescinded insofar as the above mentioned and here- inafter stated sections are concerned; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS~ON OF THE CITY OF \~T UNI- VERSITY PLACE, TEXAS: Section 1. That the City Commission of the City of West Uni- versity Place, Texas, does hereby find and determine that it is not practi- cal to proceed with the improvement of: . Section No.1: North one-half of Dil~TMOUTH 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 I I ~ 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; r~.--'.I-".'-:r :Tn,! ".T.':.:'..:J r" '''1'-'' : "l IUIII nnrr ,I. .J 1....1: ,,-1. L_ j r: .,,1 50 ", Section No.4: The South one-half of LEHIGH STREET (in the 4200 block thereof) from the East line of Lot 9 to the West line of Lot 9, in Block 6, College Court Place Addition; I ~ Section No. !): 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, Col1egeview First Addition; as heretofore provided for by said Ordinance No. 489 of November 14, 1949, notice of which has been heretofore filed in the office o~ the County Clerk of Harris County, Texas. Section 2. That by and with the consent arid agreement of said J. L. Williams Construction Co., Inc., Contractor in said January 23, 1950, contract, the improvement of said portions of said streets set out in the preceding section hereof and as heretofore ordered and directed, be, and the same is hereby, abandoned; and all terms and provisions of said January 23, 1950, contract with reference to, but with reference to only, said Sections Nos. 1, 2, 4 and 5 be, and the same are hereby, canceled, terminated and in all things rescinded, the same as though the above described portions of said streets had never been included norincorpo- Fated in said,contract nor in said original initiation ordinance, nor in any other proceedings with reference thereto. Section 3. That all proceedings and each step thereof which have transpired and been taken and had, and said contract, shall remain and continue in full force and effect as to all streets and pOFtions thereof so ordered improved by, said Ordinance No. 489, save and e~cept only the four segregated sections as set forth in Section No.1 hereof. ~I I u Section 4. The fact that the owners of property on the portions of the streets as to which the improvements are hereby abandoned are en- titled to have a record made of said abandonment, and the Contractor is entitled to be released from his contract and bonds with reference thereto, creates a public emergency, and therefore this ordinance shall be passed finally on the date of its introduction, this the 12th day of June, 1950 and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 12th day of June, A.D. 1950. APPROVED this 12th day of.. June, A.D. 1950. lj!{j)~~~"" University Place, Texas II I i ---..!