HomeMy WebLinkAboutORD 557 - ORD Ordering & Adopting of Improvment of Academy Street
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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
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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. '
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(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 ~
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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.
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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.
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ATTFST:
of West
Texas
I City Secretary .
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~I APPROVED:
CO ~~9-. ~ ~M-U ,
City Attorney
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