HomeMy WebLinkAboutORD 753 - ORD Ordering Portions of Named Streets
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ORDINANCE NO. 753
A1\T ORDINAI\TCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT THE HEREIN DESIGNATED PORTIONS OF THE NAMED STREETS
'HrrHIN THE FOLLOWING GE1JERAL LIMITS, TO wrr:
Section l~ WESTCHESTER AVENUE BE'fl.1EEN UNIVERSITY
BOULEV ARDAND DUKE STREET
Section 2, WESTCHESTER AVENUE BETWEEN CASON STREET
AND BELLAIRE BOULEVARD
Section 3, RUTGERS AVENUE BETtIJEEN UNIVERSITY
BOULEVARD AND DUKE .STREET
Section 4, RUTGERS AVENUE BETWEEN CASON STREET
AND ' BELLAIRE BOULEVARD
Section 5, VANDERBILT AVENUE BETI'lliEN CARNEGIE
STREET AND BELLAIRE BOULEVARD
IN THE CITY OF HEST l:INIVERSITY PLACE, TEXAS, SHALL BE n1PROVED: APPROVINGAJ:.lD
ADOPrINGPLANS AI\lD SPECIFICATIONS FOR SUCH ll.fPROVEMEN;I'S: AUTHORIZING SUCH
IMPROVEMENT; TO BE EXECUTED DIRECTLY BY THE STREET DEPARTMENT OF THE CITY IN
CONFORMITY'V1ITH SAID DETAIlJID PLANS, SPECIFICATIONS AND ESTIMATES; PROVIDING
FOR SEGREGATION OF PORTIONS OF SAID STREETS INTO SEPARATE SECTIONS, EACH OF
WHICH SECTIONS SHALL BE TREATED AS A SEPARATE AND COMPLETE UNrr; DIRECTING
AND REQUIRING THE CITY ENGINEER TO PREPARE AN"ESTIMATE OF THE COST OF SUCH
IMPROVEHENTS ArID A "\-ffiITl'EN STATEMENT OF THE NAMES OF THE OWNERS OF THE
,PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IMPRO~, TOGETHER
, ,iHTH 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
SAID lP1PROVEi1ENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY
AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THA.T THIS ORDINANCE
AND ALL }FURTHER PROCEEDINGS RELATING TO SUCH IMPROVEIYlENTS ARE AND SHALL BE UNDER
AI\lD BY VIRTUE OF ARTICLE 1105 (b) OF THE REVISED STATUTES OF TEXAS; DIRECTING
THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE WITH THE COillm CLERK OF
HARRIS COUNTY, TEXAS" AS PROVIDED BY LAW:
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"\iH&REAS, the City Commission has heretofore considered the advisability
and necessity of the improvement in a permanent manner of the hereinafter
designated portions of certain streets; and detailed 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 detailed plans and
specifications, the City Commission has decided to initiate the improvements,of
said portions of said streets;
NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UN'IVERSITY
PLACE, TEXAS:
Section 1.
The City Commission of the City of West University Place,
Texas, hereby again 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
ancl Duke Street
Section 4,
Rutgers Avenue between Cason Street and
Bellaire Boulevard
Section 5,
Vanderbilt 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, reconstruc-
tion, repairing and realigning of curbs and gutters, and appurtenances and
incidentals to such improvements, all as provided by the detailed plans and
specifications here~nafter referred to; said improvements to be of materials and
to be constructed in the manner provided in the detailed plans and specifications
therefore, heretofore prepared and submitted to the City Commission by the City
Engineer and hereinafter approved and adopted.
The City Commission here and now approves and adopts the detailed plans and
specifications for such improvements as heretofore prepared and submitted to it
by the City Engineer.
Section 2.
The City Commission finds and determines that all bids hereto-
fore received pursuant to earlier initiation of said imp;rovement and advertisement
therefor have been propeTly rejected; that from the detailed plans and
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specifications for the improvements, hereinabove approved and adopted, and
.from the estimates and the reconnnendation of the City Engineer the vlOrk and
improvements to be executed, performed and constructed on and with reference to
each of the above separate sections can be best done, executed, performed and
constructed directly by the City Street Department under the direction and
supervision of the City Engineer; and
The work and improvement hereinabove ordered is hereby authorized to be
executed, performed and constructed directly by the Street Department of the
City of West University Place in conformity with the det~iled plans,specifica-
tions and estimates and under the direction and supervision of the City Engineer.
Section 3. Each of the above designated sections into which the improve-
ments ordered hereby are divided, and the contract and all proceedings with
reference thereto and to each portion of the work shall be separated as to each
of said section, to the same effect and extent as though separate instruments,
and contracts and proceedings had been executed, had and performed for each such
section separately, and to the same effect and extent as though separate assess-
ment 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 and each portion of the work therein
shall be constructed and the respective beginning dates thereon shall be deter-
mined by the City Engineer.
Section 4. The City Engineer is here and now directed,as soon as be may
conveniently do so, to prepare an estimate of the cost of such improvements
and each portion thereof, as provided by Article 1105-b hereinafter mentioned,
and to prepare also a v~itten statement which shall contain the names of the
persons, firms, corporations and estates owning property abutting upon each por-
tion of each street herein ordered improved within the limits names, with the
number of front feet owned byeaCJ0" describing such property eitherby,lot and
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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 [J
abutting upon the respective portions of said streets hereby ordered to be im-
proved, and by the owners of such property, as follows, to wit:
(a) The respective properties abutting upon each such street within the
limits 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 respec -
tive properties and shall pay not to exceed nine-tenths (9/10) of the remaining
cost of such improvements as shwon on the estimate thereof by the Engineer here-
inabove 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 Enginner.
(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
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thereof, shall be assessed against such property and the real and true owners
thereof, and shall constitute a first and prior lien upon such abu~ting prop-
erty, 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 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
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City of West University Place, and another installment in a like amount to be
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due and payable in one, two and three years respectively after said date of
acceptance vTith interest~'thereonfrom said date of acceptance at the rate of
six (6) percent per annum,payable annually, with eight per ce1:':\t (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 paYluent of principal and interest thereon, and such certificates;as may be
issued to evidence such assessments 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 de-
clared due at the option of the holder thereof.
Section6. Upon completion and acceptance by the City of the improvements
to be constructed as herein ordered, Certificates of Special Assessment shall be
issu,ed with reference to each abutting property and which shall evidence the
assessments for the work as hereinabove provided, and the liens of said aSSess-
ments against each respective property and said certificates shall be delivered
to the City.
Section '7.- This Ordinance is adopted and all of the further proceedings
in connection with such improvements and the construction thereof and such
assessm~ntsshall 'be 'pursuant to the powers given by and in accordance with the
pro~isions'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 ~ommonly known as Article ,ll05-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, and
.0ther provisions of said Charter.
Section 8. The City Secretary is hereby directed to file a notice of the
adoption of this Ordinance\,r:Lth the County Clerk of Harris County, Texas,
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pursuant to the provisions of Article 1220-a of the Revised Civil statutes.
Section 9.
The fact that the portions of the streets herein ordered im -
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proved ,'Tithin the limits herein'defined and stated are in need of improvement
as promptly as possible, creates a public emergency, and therefore this Ordi-
nance shall be passed finally on the date of its introduction, this 2~ RD
day of February, 1959, and shall take effect immediately upon its passage and
approval by the Mayor.
Passed this 2~ RD day of February, 1959.
COMMISSIONERS
Davis, H~lbert, Lamkin, Lutz
and Mayor Brown
Voting aye.
COMMISSIONERS
None
Voting no.
Approved this 23 RD day of February, 1959.
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r:JIay6r
University Place, Texas
ATTEST:
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