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HomeMy WebLinkAboutORD 742 - ORD Determining & Ordering Designated Portions Streets D 16T ORDINANCF. NO_74~ AN ORDINANCE DETERMINING' THE NECESSITY FOR AND ORDERING THAT THE HEREIN DESIGNATED PORTIONS 'OF THE NAMED STREETS WITHIN THE FOLLOWING GENERAL LIMITS, TO WIT: Section 1. WESTCEESTER AVENUE BETWEEN UNIVERSITY BOUI.EVARD AND DUKE STREET Section 2. WESTCEESTER AVENUE BETWEEN CASON STREET AND BELLAIRE BOUI.EVABD , , . Section 3. RUTGERS AVENUE BETWEEN UNIVERSITY BOULEVARD AND DUKE STREET Section 4. RUTGERS AVENUE BETWEEN CASON STREET AND BELLAIRE 'BOULEVARD Section 5. VANDERBILT AVENUE BETWEEN CARNEGIE STREET AND BELLAIRE BOULEVARD IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BEIMF?ROVED; APPROVING AND ADOP.[1INGPLANS AND, -SPECIFICATIONS FOR SUCH. IM- ~o~mS:;.'...;~Q,Il:pD$N@~i~O~Z~~'F:~O~;:<i5.Jff:~'J?~ONS~):01f-}s'4lt~r'STREETS INTO SEPARATE SECTIONS , 'EACH OF WHICH 'sECTIOlilS SHALL BE. TREATED. AS A SEPARATE AND COMPlETE UNIT ; DIRECTING ' AND REQUIRING TEE EN- GINEER FOR THE CITY TO PREPARE AN ESTIMATE FOR THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT' OF THE NAMES OF THE OWNERS OF TEE PROPERTIES ABurTING ON EAC:s: PORTION OF EACH STREET TO BE . 'IMPR9VED, TOGETHER WrrH A DESCRIPTION OF TEE' RESPECTIVE PROPER- TIES; ;PROVIDING THAT A PART OF .THE COST OF SAID IMPROVEMENT, SHALL 'BE PAID BY AND ASSESSED AGAINST\:{BHE ABurTING J;'ROPERTY AND THE OWNERS THEREOF" AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IMPROVE- MENTS ARE AND SHALL BE 'UNDER AND BY VmTUE 'OF ARTICLE"11~5' '(b) OF THE REVISED STATUTES OF TEXAS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE WITH TEE 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. WHEREAS" the City Commission has heretofore considered the advisability and ne- cessity of the improvement in~>'permanent manner of the hereinafterdesignateo. portions of certain streets; and plans and specifications for such improvements 'have been prepared by the City Engineer; and submitted to the City Commission; and having examined and considered such plans and specifications, the City Com- mission has decided to initiate the improvements of said, portions of'said streets;, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TEE Crry OF WEST UNIVER- SITY PLACE, TEXAS: . ,. . "H. '--1 . . , ,_I' ;,;, ~"'''~".....,.lJ~11'r. \'60' . (j Section 1. The City Commission of the City of West University Place, Texas, Q" hereby determines the necessity for and, orders the improvement in a permanent , manner of the hereinafter designated portions of the named streets in said City, to wit: Section 1 - Westchester Avenue between University Boulevard and Duke street Section 2 - Westchester Avenue between Cason Street and Bellaire Boulevard Section 3 - Rutgers Avenue between University Boulevard and Duke Street Section 4 - Rutgers Avenue between Cason Street and Bellaire Boulevard Section 5 V~nderbilt Avenue between Carnegie Street and Bellaire Boulevard by the construction thereupon of a compacted stabilized shell base and three' course inverted penetration wearing surface, and by the construction, recon- struction, repairing and r~aligning of curbs and gutters, and appurtenances and incidentals to such improvements, ~1J. as provided by the plans and specifi- cations hereinafter 'referred to; said improvements to be of ~terials and to be 'constructed in the manner provided in the plans ~nd specifications ,therefor, heretofore prepared and submitted to the City Commission by the City Engineer and hereinafter approved and adopted~ v The City Commission here and now approves and adopts the, plans and specifi- cation~ for such iwprovements as heretofore prepared andsubmi~ted'to it by the City Engineer. o Section 2. The City Commission finds and determines fro~ the detailed plans and specifications for the improvements, and hereinabove approved and adopted, and from the estimates and the recommendation of 'the City Engineer that the work and improvements to be performed and constructed on and with reference to each,of the above s~parate sections can be executed and performed in two major parts, to wit: - . Item 1. The work and improvewmts concerning curbs and gutters and appurtenances and inciden~als thereto. Item 2. The work concerning street improvements and appurtenances and incidentals thereto" exclusive of said Item 1; and that the work and improvements under said Item 1 above should be done and ex-, ,ecuted under third party contract, but that the work under Item 2 above can be best done and executed by the City Street Department under the direction and su-', pervision ofth~ City Engineer; and The work and improvement hereinabove ordered with reference to Item 2 ~oncerning street improvements and appurtenances and incidentals, exclusive of the curb and o 169< gutter work under Item 1 above, is hereby authorized to be executed directly by the Street Department of the City of West University pLace in conformity with the detailed plans, specifications and estimates and under' the direction and supervision of the City Engineer. Section 3. Each of' the above designated sections' into which the improvements ordered hereby are divided, and the contract ,and allproceedihgs with reference thereto and to each portion of the work shall be separate as to each of said sections, to the same effect and extent as though separate instruments and con- tracts and proceedings had been executed, had and perfo~medfor each such section separately, and to the same effect and extent as though separate assessment pro- ceedings were had for each such section, so that each such respective section hereinabove designated shall be a separate and distinct unit unto itself, wholly unre~ted to and independent of each other such section; and the sequence in which said respective segregated sections and each portion of the work therein shall be constructed and the respective p~ginning dates ther~o~ shall be deter- mined by the City Engineer. .. section 4. The City Engineer is here and now directed, as soon as he may conven- iently do so, to prepare an estimate of the cost of such improvements a.nd each portion thereof, as provided by Article ll05-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 each street 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 and a part thereof shall be paid by the property abutting upon the respective portions of said streets hereby ordered to be improved, and by the owners of Such property, as follows, to wit: (a) The respective properties abutting upon each such street within the lim- its hereinabove defined and the real and true owners thereof shall pay all of the costs of and with reference to curbs and gutters 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, 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 gutters and nine-tenths (9/10) of the estimated cost of such improvements, exclusive of curbs and gutters 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 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 be assessed against such property and the real and true owners thereof, and ..---, :--. r---- I III' .....1111 '--I ....... L-70.. shall be payable as follows, to wit: That said amounts payable by the property owners shall b~ paid in four (4) equal installments, one installment to be due .and payable in thirty (30) dayS after the completion of said improvements and the acceptance thereof by the City of West University Place, and another installment in a like amount to be due and payable in one, two and three years respectively, after said date of acceptance with interest thereon from said date of ac- ceptance at the rate of six (6) 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 ~re of said installments before their maturity by payment of principal and inter- es~ thereon, and. such certificates as may be issued to evidence such as- sessments and each portion thereof 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 6. Upon completion and acceptance by the City of the improvem~nts to be, constructed as herein ordered, Certificates of Special Assessment shall be issued with reference to each abutting property and which shall separat~ly evidence the assessments for each portion of the work, to wit, Item 1 and Item 2, as herein- above provided, and the liens of each of said two assessments against each re- spective property shall be equal in all respects and said separate certificates shall be delivered respectively to the Contractor and to the City. Section 7. This Ordinance is adopted and all of the further proceedings in con- nection 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 Act~ of the 40th Legislature of the State of Texas, 1957, 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 8. 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. Section 9. The City Secretary is further directed to advertise for sealed bids for such work and improvements with reference to curbs and gutters and appurten- ances and incidentals,thereto, as hereinabove referred to as Item 1, in accord- ance 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., September 25, 1958. . Section 10. The fact that the portions of the streets 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 ','1 o o o 1. 11"1, shall be passed finally on the date of its introduction, this 8th day of September, 1958, and shall take effect immediately upon its passage and approval by the Mayor. PASSED AND APPROVED THIS 8rH DAY OF SEPrEMBER, 1958. COMMISSIONERS VOTING AYE: ALL COMMISSIONERS VOTING NO: NONE ~~--,~ #" , MAYOR . CITY OF WEST UNIVERSITY PLACE, TEXAS ATTEST: ~. ) . ~~" ,~~~~ CITY SEQEE(.' '" ' ., ~ r -, 11.1'