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Home My WebLink AboutORD 557 - ORD Ordering & Adopting of Improvment of Academy Street ] l ------' J 155 ORDINANCE NO. 557 AN ORDn{~CE DETERMINING THE NECESSITY FOR AND ORDERING THAT .'. , .~,' - . ACADEMY STREET FROM'THE SOUTH LINE OF SOUTH- 'WESTERN STREET TO THE NORTH END OF THE EXIST- ING PAVEIvlENTAT A POINT APPROXIMATELY 120 FEEl' NORTH OF THE NORTH LINE OF CASON STREEr IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS SHALL BE IMPROVED; ADOPl'ING AND APPROVING"PrANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; DIRECTING AND REQUIRING THE ENGINEER FeR THE CITY TO PREPARE' AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A~'VRITTEN STATEMENT OF THE NAMES OF THE Q11VNERS OF THE PROPERTIES ABUTTING ON EACH PORTION ~ OF SUCH STREEr TO BE IMPROVED, TOGErHER WITH A DESCRIPTION OF THE RESPECTIVE PROPERTIES; PROVIDING TIfATA- 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 ABurTING PROPERTY AND THE OWNERS . THEREOF, AND FOR INCIDENTAL MATTERS ; . DECLARING THAT THIS - ORDINANCE AND ALL FURTHER PROCEEDING..<3 RELATING TO SUCH IMPROVEMENTS ARE AND SF.ALL.BE, UNDER AND BY VIRTUE OF ARTICLE r 1105-b OF THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY SECRErARY ,TO FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK OF HARmS COUNTY, TEXAS, AS ~PROVIDED BY LAW AND TO ADVERTISE FOR BIDS TO BE RECEIvED AND FILED WITHIN THE TIME PROVIDED; AND DECLARING AN . EMERGENCY . , WHEREAS, the CityCommissiori of the City of West University'Pla.,be, Texas, has heretofore considered the advisabflity and necessity of the permanent improvement of the hereinabove and hereinafter. stated'portion of Acade~Street in the City of West University Place, Texas,' and plans and specifications for such improvements have been prepared-by:~he Engineer for.said C{ty, and submitted to the City Commission; and having examined and considered said plans and ~peci- fications, the City Commission has decided to initiate the improve~ent of said portions of said street; ~ NOW, THEREFORE, ,1 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PIACE, TEXAS: Section 1. The City Commission of the City of WestUniversi ty Place, Texas, hereby determines the ?ecessity for and orders the permanent improvement of: . - . ACADEMY STREEr from the South line of Southwestern Street to the North end of the existing pavement at a point approximately 120 feet North of the North line of Cason Street in the City of West University Place, Texas, 'by the construc.:tion thereupon of a reinforced concrete pavement with 'monolithic curbs~ and appurtenances and L ~ 1 r':'~ '1' ! 11111 L III .J L.~! l.~ J_~ "" 150 incidentals to such improvements, allr,as provided by the plans and specifi- . I cations hereinafter referred to; said'iinprovements to be of materials and to I!I be constructed in the manner provided in the plans and specifications there- for heretofore prepared and submitted to the City Commission by the Engineer L-J for said City, and hereinafter approved and adopted., The Cit:y 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. Irving L~ Peabody, ;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 prepare also a written statement which shall contain the names .of the persons, firms, corporations and estates 'owning property abutting upon ,Bach portion of said,.street herein o~dered improved within 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 3.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 portions of said street hereby ordered to be improved, and by the owners of such property, as follows, to-wit: (a) The property abutting upon said street 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 hereinabove ordered to be made by him, exclusive, however, of the cost of such improvemepts within intersections of said~streets with 'other streets, avenues arid alleys as so estimated; 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-tenth (9/10) of the estimat~d cost of such improvements exclusive of cUrbs as so estimated by the Engineer. ' r~ u (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 sub-paragraph (a) above. The amounts payable by. the abutting property and the real and true owners thereof,shall~e, assessed against such property and the real and true owners thereof, and shall constitute a first and prior lien upon sU'chabutting property, and a personal liability of the real and true owner thereof and shall be payable as follows, to-wit: That said amounts payable by the property owners shall be paid in five (5) equal installments, one installment to be due .and payable in thirty (30) days ~ter the completion of said improvements and the acceptance thereof by the City of West University Place, and another installment in a like amount [I to be due and payable in one, two, three and four years, respectively after ~ " " .- 157' l I said date of acceptance with interest ,thereon from said date of acceptance at the rate of five (5%) per cent per annum, payable annually, with eight per cent (8%) interest on past due principal and interest, but said property owners shall have the privilege of paying anyone or 'more of said installments before their maturi ty by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessments shall provide that in the event of default in payment of any installment thereupon when due, whether of principal or interest, the whole of such certificate may:, be matured and declared due at the option of the holder thereof. ' Section '4. ,This ordinance is adopted and all of the further proceedings in connectionwithsuch'improvements and the construction thereof: and such assess- mentsshall 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 Called Session; I:'elatingto street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Ses'ston, ,as amended, said act being corinnonly known as Articl~'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 5. The City Secretary is hereby directed to file a notice of the adoption of this ordinance with the 'County Clerk of Harris. County, Texas, pursuant to the provisions of Article l220-a of the Revised Civil Statutes. I , The City Secretary is further directed to advertise for sealed bids for such work'a.ndimprovement in accordance with the plans and specification hereinabove adopted and approved; which bids may be received by and filed with the City Secretary at or before 7 :30 ot'clock p.m.. April 16, 1951. Section 6., The fact that the portiolJ. of the street herein ordered ,.improved within the, limits herein defined and state<i is ,inneed9fimprQvemeI:.1t as promptly as possible, createsapublice:rnergency,and thereforethi~ Ordina'Q.ce shall be passed finally on the date:ofits introcluotion, this 26th day of March, 1951"and shall. take effect 'immediately upon' its passage andapprov:al~by the.Mayor. PASSmthis 26th day of March, 1951. COMMISSIONERS Hangs, Holman, Mooney and Nisbet and. Mayor Terrv' , voting aye. .' i6tingno ;. . ,-APPROVED this"'26th'day 'of fv1arch,':1951. t"c' ~ i.' ATTFST: of West Texas I City Secretary . I ~I APPROVED: CO ~~9-. ~ ~M-U , City Attorney .r..:t~-=::::::=:=:::=-_T==r.::J=:.:..::J.__.._'___-----------L l Lu, " ITI