HomeMy WebLinkAboutORD 658 - ORD Determining & Ordering Portions for Concrete Paving Omitted in 1948
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ORDINANCE NO . 658
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT CERTAIN PORTIONS OF UNIVERSITY BOULEVARD FROM WHICH
CONCRETE PAVEMENT WAS OMITTED IN 1948 PAVING PROCEEDINGS
AND WITHIN THE FOLLOWING GElIJERAL LIMIT~, TO WIT:
BETWEEN LAKE STREET AND WESTCBESTERAVENUE
BETWEEN MERCER AVENUE AND EDLOE STREET
BETWEEN WSLAYAN STREET AND COMMUNITY DRIVE
IN THE CITY OF WEST UNIVERSITY PLACE" TEns, SHALL BE IMPROVED;
APPROVING AlID- ADOPl'ING PLANS AND SPECIFICATIONS FOR SUCH Dt-
PRO~S; 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 ENGl:EEER FOR THE CITY TO PREPARE AN ESTIMATE
OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT
OF 'l'HENAMES OF THE; OWNERS OF THE PROPERTIES ABUTTING ON
EACH PORTIQN OF EACH STREET TO BE IMPROVED, TOGETHER WITH
A DESCRIPTION OF THE RESPECTIVE PROPERTIES; PROVIDING THAT
A PART OF 'THE COST OF SAID IMPROVEMENT SHALL BE PAID BY THE
CITY AND A PART OF THE COST OF THE SAID IMPRO~S SHALL
BE PAID BY .ARQ ASSESSED AGAINST THE ABUTTING PROPERTY AND
THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS;' DECLARING
THAT THIS ORDINANCE AND ALL FUBT.t1Et{ PROCEEDINGS RELATING
TO SUCH IMPROVEMENTS ARE AND SHALL BE UIIDER AND BY VIRTUE
OFARTICL'E 1105 (b) OF THE REVIsED STATUTES OF TExAs;
DIRECTING THE CITY SECRETARY: TO FILE A NOTICE OF THIS ORDI-
NANCE WITH THE ,COUNTY CLERK OF HARRIS COUNTY; TEXAS, AS
PROVIDED BY LAW AND TO ,ADVERTISE FOR BIDS, TO BE RECEIVED
, AND FILED WITHIN THE TIME PROVIDED; AND DECLARING' AN EMERGENCY.
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WHEREAS in the PermanEmt paving of University Boulevard pursuant
to Ordinance No~ 371, passed April 20, 1948, by the City Commission of the
City of West University Place, Texas, the concrete pavement was omitted from
portions of said University Boulevard and on which certain properties abut;
and the City Co~ssion has heretofore considered the advisability and
necessity of the permanent improvement qf'~aid portions of University Blvd.
from which s~ch pavement was so omitted, so that the entire length of
University ~bulevard witnmn the City Limits of the City of West University
Place shall be paved to the same respective widths of the present complete
width pavement as now exists on the several respective portions of said ,
University Boulevard; and plans and specifications for such improvements
have been prepared by the Engineer for said City and submitted to the
City Commission; and having'eXamdned and considered such plans and speci-
fications, the City Commission has decided to initiate the improvement of
said portions of said University Boulevard from which concrete pavement was
so earlier omitted in the 1948 project;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE,.. TEXAS:
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SECTION 1. The City Comniission 'of the City of West University
Place, Texas, hereby determines the necessity for,' and orders, the permanent
improvement of those portions of University Boulevard in sa.id City from II"J
which concrete pavement was omitted when portions of University Boulevard
were paved pursuant to ordinance No. 371, passed April 20, 1948, by the
City Commission of the City of West University Place, Texas; and which omitted
portions are within the fbllowing'general limits' and sections as now designated,
to wit;
Section 1, University Boulevard between Lake Street and Westchester
Avenue
Section 2, University :Soulevard between Mercer Avenue and Edloe
Street
Section 3,Un~versity Boulevard between Weslayan Street and
Community D:r1 ve "
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by the construction thereupon of a '7-inch concrete pavement with monolithic'
curbs, and appurtenances and incidentals to such improvements, all as provided
by the plans and specificationsher~inafte~ referred to; said 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 Com-
mission by the City Engineer and hereinafter approved and adopted.
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The City Commission here and now approves- and adopts the plans
and specifications for such improvements as heretofore prepared and submitted
to it by the City Engineer.
SECTION 2. The portiqns of University Boulevard to be now paved
and improved, as ordered hereby, are intended to compri~ethose portions
thereof (herein sometimes called "skips") not paved pursuant to said April
20, 1948 Ordinance No. 371. ' The total width of' the pavement and curbs on
the said University Boulevard 'varies on different portions of the length
thereof; and the imProvements above Ordered shall in each instance extend
a sufficient distan<;:e from the edge of the existing pavement, that the back
of the curb to be constructed hereunder shall be along the same alignment
as the back of' the curb noW existing on each side of the pres'etit respective
"skips".
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The portions of University Boulevard to be now improved lie within
the following respective general limits, and arejlereinabove, and hereby,
segregated and divided into separate and segregated' sections which, with the
properties abutting said It skips II included therein, and the approximate
widths of the improvements to 'be' constructed as herein ordered, are:
Section 1. University Boulevard between Lake, Street and
Westchester Avenue -(8~) ,
North Side
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(a) The East 12.5 feet of Lot 12, all of' Lots 13, 14, 15 and 16,
and the West 1/2 of Lot 17, in Block 12, Virginia Court
Addition (237.5 ft.)
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(b) Lots 7.to 12, inclusive, Block 11, Virginia Court Addition
(341 ft. )
(c) Lot 3, Block 15, Rice Court Addition (32 ft.)
(d) Lot 21 and west 1/2 of Lot 22, Block 14, Rice Court Addition
(75 ft.)
(e) East 1/2 of Lot 32, and all of Lots 33 and 34, Block 13, Rice
Court Addition (125 ft.)
(f) Lot 20 and West 1/2 of Lot 21, Block 13, Rice Court Addition
(75 ft.)
(g) The'East 1/2 of Lot 4, and all of Lots' 5 and 6, in Block 47,
West U~iversity Place; Second Addition. "
South Side
(a)
(b)
(c)
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(e)
Lots 6 to 10, inclusive, Block It, Pemberton Addition (255 f't.)
.West 77f't. of'Lot 6 and all of Lots 7 and 8, Block 20, Pemberton
Addition (277 ft.)
Lot 8,' Block 15, West Uni versi ty Place First Addition (100 ft.)
Lots 6 and 7, Block 16, West Universit"y Place First Addition
(200 ft.)
Lots "6 ana 8, Block 17, West University Place First; Addition
(100 ft. each; total 200ft.)';- ,~~
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(f) Lot,9 and West 1/2 of Lot 8, B10~k..2J., West Uni:versi..ty Pla:ce
. 'rW' Firs't Addition (150 ft.) ", ' ~, ,
(g) Lot 7 and East 20 ft. of Lot 8, Block 22, West University Place
First Addition (120 ft.) , '
SECTION 2. University Boulevard between Mercer Avenue and
Edloe street - (10') ,
'North Side
Lot 5 and Lot 4-B (being the East 50 f't. of Lot ~), Block 44,
West University Place Second Addition (150 ft.)
SECTION 3. University Boulevard between Weslayan street
and Community Drive - (5')
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South Side
(a) Lots 1, 2 and 3, Block 34, College View Fourth Addition (150 ft.)
(b) Lot 21, Block 25,: Colonial Terrace Addition (50 ft.)
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(c) Lot 14; Block 11, Colonial Terrace Addition (50 ft.)
SECTION 3. Each of the above designated sections of' the improvements
ordered hereby, and the contract and all proceedings with refer7nce thereto
shall be separate as to each of said sections, to the same ef'f'ect 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
respective 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 segregated sections
shall be constructed and' the respective beginning dates thereon shali be"
determined by the City Engineers.
SEC'.1'ION 4. The City Engineer is here and now directed, a.s 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 each portion
of said University Boulevard herein ordered 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 5. A part of the cost of' such improvements shall be
paid by the City of' West University Place auda part thereof shall be paid
by the property abutting upon the respective portions of said University
Boulevard he'reby ordered to be imprQved, and by the owners of' stich property,
as follows, to-wit:
(a) , 'The respective properties 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 estiiliate thereof by. the Engineer hereinabove
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 exceed 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. .
(b) The City of West University Place shall pay' all of the
remainder of said cost of' said improvements after de,ducting the amounts
here~~ecified to be paid by the abutting property and the real and true
ownerS thereof as set ()ut in sub-paragraph (a) above. ,',
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
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such abutting 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 ten (10) equal installments, one installment to be due and payable in
thirty (30), days af'ter the completion of said improvements and the acceptance
thereof by the City of West Univer,sity Place, and another installment in a
like amount to be due and payable in one, two, three, four, five, six, seven,
,eight and nine years respectively after said date of acceptance with interest
thereon from said date of acceptance at the rate of f'ive (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 maturity 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 in-
-terest, the whole of such certificate may be matured and declared due at
the option of the holder thereof'.
SECTION 6'. This Ordinance is adopted and all of the further
proceedings in connection with such improvements and the construction thereof
and such assessments shall be pursuant to the powers given by and in ac-
cordance with the provisions of the Acts of the 40th Legislature 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' ~aid 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 West
, University Place, Texas.
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,', .. SECTION:-7. _ The Cfty Secretary is hereby directed to f'i].ea
:-.:'.UQtic,e, of the adoption of this ordinance wi.th the County Clerk of Harris
: ;~tl~~~;Y_L ':I'~X@.S,_..P~S~p.t__to ~~~provisions of Artiele~'J220-&-<.0f the RevicSed
-Cj:-~ll Sta.;tutes. ' "', ' "
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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.
SECTION 8. The f'act, that the portions of the street herein
-ordered improved within the limits herein defined and stated are in need of
'improvement as, promptly as possible, creates a public emergency, and there-
fore, this Ordinance' shall be passed finally on the date of its intr-oduction
this lOth day of May, 1954, and shall take effect iJmnediately upon its
passage and approval by the Mayor.
Passed this lOth day of May, 1954.
Commissioners Goff, Hangs, Mooney, Nisbet and Mayor Morris
voting aye.
Commissioners - none - voting no.
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1954.
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Approved this lOth day of May, 1954.
ATTEST:
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MAYOR, CITY OF WEST UNIVERSITY PLACE
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