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HomeMy WebLinkAboutORD 662 - ORD Determining the Necessity & Ordering Designated Portion the Named Street 2,10 ORDINANCE NO. 662 AN ORDINANCE DETERMINING THE EECESSITY FOR AND ORDERING THAT THE HEREINAFTER DESIGNATED PORTION OF THE NAMED STREET AND WITHIN THE LIMITS STATED, TO WIT: I-I WESLAYAN STREET FROM A POINT APPROXIMATELY 130.7 FEET NORTH OF THE NORTH LINE OF RUSKIN STREET TO A POINT APPROXIMATELY 115 FEET SOUTH OF THE SOUTH LIEE OF RUSKIN STREET IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; APffiOVING AND ADOPrING PLANS AND SPECIFICATIONS FOR SUCH IM- PROVEMEMS;' DmECTING AND REQUIRING THE ENGI~ FOR THE C:rn'Y TO ,PREPARE AN ESTIMATE OF THE COST OF, SUCH 'IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES .oF THE OWNERS, .oF THE PROPERTIES ABUTTING ON SAID PORTION OF SAID STREET TO' BE IMPROVED, TOGETHER ,WITH A DESCRIPI'ION 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 IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE , OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT. THIS ORDINANCE AND ALL FURTHER PROCEEDINGS, RELATING TO SUCH IM-. PROVEMENrS ARE AND SHALL BE UNDER AND BY VmTUEOF ARTICLE 1105-(b) OF THE REVISED STATtJI'ES OF TEXAS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE 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'DE- CLARING AN EMERGENCY. H WEEREAS,Jthe City Commission has heretofore considered the advisability and necessity of' the permanent improvement of the hereinafter stated portion of Weslayan Street, and plans and specifications for such improvements have been prepared by the Engineer for said City and submitted to the City Comm+ssion; and having examined and considered such plans and specifications, the City Commission has decided to initiate the improvement of',that portion of said Weslayan Street lying between the portions thereof heretofore improved. NOW, THEREFORE, 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 determines the necessity for, and orders, the permanent improve- ment of that portion of Weslayan Street in said City generally identified as lying South of Riley Street and North of' Bellaire Boulevard and ,between earlier improved portions thereof, and more particularly described as f'ollows: Weslayan Street from a point approximately 130.7 feet North of the North line of Ruskin Street to a point approximately 115 f'eet South of the South line of' Ruskin Street by the construction thereupon of a 7-inch concrete pavement with monolithic curbs, and appurtenances and incidentals to such improvements, all as proviqed by the plans and specifications hereinafter referred to; said improvements to be of' a total width of 27 feet measured across said street from back of curb iJ ;'('~ o B o 211 to back of' curb, and to be of materials and to be constructed in the ~nner provided in the plans and specifications therefor} heretofore prepared and submitted to the City Commission by the City Engineer and hereinafter appr9ved and adopted. The City Commission here and now approves and adopts the plans and specifications for such ~mprovements as heretofore prepared and submitted to it by the City Engineer. SECTION 2.- The portion of Weslayan street to be now paved and improved, as ordered hereby, ,is intended to comprise that portion thereof lying between the south end of the present pavement north of Ruskin Street and the north end of the present pavement south of Ruskin street (being at approximately the north line of the ailey extending west of Weslayan street), with the backs of the curbs to be constructed hereunder along approximate~y the same alignment as the backs of the curbs now existing on each end of the presently unpaved portion of Weslayan street. .... SECTIOl'j, 3. 'The City Engine~r 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 Ar.t;~cle ,ll,05-b hereinafter mentioned: and to prepare also a written statement,wh,ich shall contain the names of the persons, firms corpor- ations and estates, owning property abutting upon said portion of said Weslayan street herein ordered improved within the limits named, with the number of front feet owned by each, describing ~uch property either by lot and block number or in any manner suf'ficient to identify it. SECTION 4. ,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 portion of said Weslayan street hereby ordered to be improved, and by ,the owners of s'l'\ch property, as follows, to-wit: (a) The~espective properties abutting upon said street within the limits hereinabo~~ defi~e~ 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 improve::..d\ * ments ordered to be made by him, provided, however, that in no event $hall 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 ~ngineer. ..-...... (b) The City ~f West University Place shall pay all of of the remainder of said cost of said improvements atter 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 aubtting 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 prqperty, and a,persbnal liability of the real and true owner thereof' and shall be payable as follows, to-wit: as shown on the estimate thereof by the Engineer hereinabove 212 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 n cp) days after 'the completion of said improvements and the 'acceptance thereof i_ by the City of' West University Place, and another installment in a like ' amount to be due and payable in one, two, three, f'our, five, six, seven, eight and nine years respeetively after ,said date of acceptance with interest thereon f'rom:said date of acceptance at the rate of f.ive (5~) per cent per a.nnum, payable annually, with eight (8%) per cent 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 maturtty by payment of principal and interest ,thereof', and such certif'icates as may be issued to evidence such assessments, sh~ll,provide that in the'event of default in payment of any inst~l1fuent 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. '} I ' SECTION 5 ~ This Ordinance is adopted and all of the f'urther proceedings in connection with such improvements 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 Called Session, relating to street improvements and assessments therefor, and being Chapter 106 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 West University Place, Texas. SECTION 6. 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 1220-a of the Revised Ciyil Statutes. R The City Secretary is f'urther 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. on the 17th day of June, 1954. ' SECTION 7. The fact 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 therefore, this Ordinance shall be passed finally on the date of its introduction, this 31st day of May, 1954, and shall take effect immediately upon its passage and approval by the Mayor. Passed this 31st day of May, 1954. Commissioners Goff, Hangs, Moon~yand Mayor Morris voting aye., Commissioners none voting no. Approved this 31st day of May, 1954. ATTEST: ~, ~4~ U Mayor of the City of West University Place -- I