HomeMy WebLinkAboutORD 801 - Determining the Necessity Ordering Certain Portions
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ORDINANCE NO. 801
AN ORDINANCE DE'l'ERMINI:NG THE NECESSITY FOR AND ORDERING
THAT CERTAIN .PORTIONS OF:
SWARTHMORE STREET IN 'TEE' 3800 ANn 4000 BLOCKS THEREOF;
AMHERST STREET IN TIlE ,4100 .BLOCK THEREOF;
BYRON S':t~4.r IN THE 4000 AND 4100 BLOCKS THEREOF-
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RILEY sTREET'. ;in the 4000 AND 4200 BLOCKS THEREOF;
BROWNING sTRE:E'!' IN THE 3800 AND 4000 BLOCKS THEREOF;
MARQT:JETTE .~ IN THE 3800 AND 4200 BLOCKS THEREOF;
OBERLIN' mEET IN TEE' 3800 AND 4200,' BL0CKS THEREOF;
CASE S~' IN' THE 4000 AND 1;100 BLOOKS THEREOF;
CASON sTimET :t:N mm 4100 BLOCK THEREOF;
SOUTHWESTER:N STREET IN THE .4200 BLOCK TEEREOF;
DARTMOUTJ?: STREET IN THE 4200 BLOCK THEREOF;
IEHIGH STREET IN THE 4200 BLOCK THEREOF; ,
WEST POINT AVENUE IN THE 6400 BLOCK BETWEEN CASE AND BYRON STREETS,
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IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SHALL BE IMPROVED; APPROVING
AND ADOPrING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; PROVIDING
FOR SEGREGATION OF fORTIONS OF SAID STREETS INTO ,SEPARATE SECTIONS, EACH
OF WHICH SECTION S~:t.L BE TREATED ~ A SEPARATE AND COMPLETE UNIT;
DIRECTING AND REQUnUNG THE ENGINEER FOR THE CITY TO PREPARE AN ESTIMATE
FOR THE COST OF SUCH IMPROVEMENTS AND A WR:r'PJ!.EN STATEMElNT OF THE" NAMES
OF THE OWNERS OF TEE PROPERTIES ABlJIJ.'rING ON EACH PORTION OF EACH
STREET TO BE IMPROVED, TOGE'rHER WITH .fl. DF;~ORIP:rION OF THE RESPECTIVE Un
PROPERTIES; PROVIDING TlIAT A PART O~ THE COST OF SAID IMPROVEMENT
SHALL BE PAID BY THE CITY AND A PART OF THE COST OF THE SAID IMPROVE-
:MENTS SHALL BE PAID AND ASSESSED AGAINST T1IE ABUTTING PROPERTY AND
THE OlfflERS THEREOF j AND' FOR INCIDENTAL MA~S; DECLARING THAT
T1h:s ORDINANCE AND ALL FURTEER PROCEEDINGS RELATING TO SUCH IMPROVE-
MENTS ARE AND SHALL BE trnDER AND BY VIRTUE OF ARTICLE 1195(b) OF
THE REVISED STATtJIlES OF TEXAS; DIRECT~G THE CITY SECRETARY TO
FILE A NOTICE OF THIS ORDINANCE WITH THE COUNTY CLERK OF HARRIS
COUNTY, TEtAS,' AS PROVIDED BY LAW AND TO ADVERTISE FOR BIDS TO BE
RECEIVED AND FILED WITHIN. THE. TIME PROYIDED; AND DECLARING AN .
EMERGENC~. , '
WEEREAS, 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 plans
and specifications for such improvements have been prepared by the
City Engineer and submitted to the City Commission; and having ex -
amined and considered such plans and specifications, the City Commission
bas decided to initiate the improvements of said portions of said streets;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION, OF THE
CITY OF WES~ UNIVERSITY PLACE, TEXAS;
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Section 1. The City Commission of the City of West Uni -
versity Place, Texas, hereby determines the necessity for, and
orders the improvement in a permanent manner of those certain
portions of:
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SWARTHMORE STREET IN THE 3800 AND 4000 BLOCKS THEREOF;
AMHERST STREET IN THE 4100 BLOCK THEREOF;
BYRON STREET mTml" 4000 AND 4100 BLOCKS THEREOF;
RILEY STREET IN TEE 4000 AND 4200 BLOCKS THEREOF;
BROWNING STREET IN THE 3800 AND 4000 BLOCKS THEREOF; ,
MARQUETrE STREET IN TEE 3800 AND 4200 BLOCKS THEREOF;
OBERLIN ~..t'liI!i.l!.'T IN' TEE 3800 AND 4200 BLOCKS THEREOF;
CASE STREET' IN TEE 4000 AND 4100 BLoCKS THEREOF;
CASON STREET IN TEE 4100BLOCK THEREOF;
SOUTHWESTERN STREET IN THE 4200 BLOCK THEREOF;
DARTMOUTH STREET IN THE 4200 BLOCK THEREOF;
LEHIGH STREET IN ~ 4200 BLOCK THEREOF; AND
WEST POINT AVENUE IN THE 6400 BLOCK BETWEEN CASE AND BYRON STREETS,
oy the construction thereupon of a 6 inch concrete pavement with mono-
lithic curbs, and appurtenances and incidentals to such improvements,
all as provided by the plans and specifications hereinafter 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 Commission 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 sub-
mitted to it by the City Engineer.
Section 2. The streets and portions thereof herein ordered im~
proved shall be and are hereby segregated and divided into separate
and segregated sections, which sections to be improved are as follows:
Section I. North t of SWarthmore street (in the 3800 block thereof)
from the east line of Lot 16, Block 15, Collegeview
, First Addition to the, west line of College Avenue; and
Section
2. South t of Swarthmore Street (in the 3800 block thereof)
from the east line of Lot 5, Block 14, Collegeview
First Addition to the west, l~~~_ of, Colleg~ Avenue; and
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Section
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3. North t of 1Uiiher'st' Streei;' from th~ east"J,:i,ne of Lot
8, Block 23, Colonial Terrace, to the west line of
West Point Avenue; and
Section 4. South t of Amherst Street from ~he east line of Lot 19,
Block 24, Colonial Terrace, to the west line of West
Point Avenue; and
Section 5. Byron Street from the west line of Weslayan Avenue to
the east line of Academy Avenue; and
Section 6. Riley st~eet from the east line of Community Drive to
the west line of West Point Avenue; and
Section 7.,Browning Street from the east 11ne of College Avenue
to the west line of Auden Avenue; and
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Section 8.'Marquette street from the east line of Community
Drive to the west line of West Point Avenue; and
Section 9. Oberlin Street from the east line of Community
Drive to the east line of West Point Avenue; and
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Section 10. Oberlin street from the west line of College Avenue
to the west boundary line of the City of South
SSide Place; and
Section 11. Case Street from the east line of Academy Avenue
to the west line of WeslayanAvenue; and
Section 12. Cason Street from the east line of West Point
Avenue to the west line of Fairhaven Avenue; and
Section 13.
4230 Dartmouth Street, Lot 23, Block 9, College
Court Place; and
Section 114.
4213 Dartmouth Street, Lot 13, Block 8, College
Court Place; and
Section 15.
4201 Dartmouth street, Lots 14 and 15, Block 8,
College Court, Place; and
Section 16.
4227 Lehigh Street, Lot 9, Block 6, Oollege
Court Place; and
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Section 17.
4019 Browning Street, Lots 6 and 7, Block 3,
Bissonnet Place; and
Section 18. 4030 Swarthmore, Lot 18, Block 34, Collegeview
Fourth Addition; and
Section 19. 4109 Case Street, Lots 15, 16 and 17, Block 27,
Colonial Terrace Addition; and
Section 20'. 4125 Byron Street, Lot 20, Block 28, Colonial
Te~race Addition; and
Section 21. 3807 Marquette Street, Lot 9, Block 3, College-
view First Addition; and
Section 22. 3809 Marquette Street, Lots 7 and 8, Block 3,
Collegeview First Addition; and
Section 23. 3815 Marquette street, Lot 6, Block 3, College-
view First Addition; and
Section 24. 4019 Riley street, Lot 5, Block 24, Oollegeview
First Addition; and
Section 25. 4019 Riley Street, Lot 5, Block 24, Collegeview
First Addition; and
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Section 26.
4039 Riley Street, Lot 1, Block 24, Collegeview
FirstAddit~on; a.nd
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Section 27.
West i of West Point Avenue from the south line
of Case street to the north line of Byron Street,
abutting Lots 12 and 13, Block 9, Colonial Terrace
Addition.
Section 3 ~ Each of the above designated sections into which the im-
provements orq.ered hereby are divided, and the contract and all proceedings
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 contracts and proceedings had been executed, had
and performed for each such sectioll separately, and to the same effect
an~ 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 dis~inct 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
determined by the City Engineer.
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Section 4. The City Engineer is here and now directed, as soon as
he 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 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 here-
by ordered to be improved, and by the owners of such property, as :t:ollows,
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 in front of their re-
spective 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 nine-tenths (9/10) of the estimated cost of such im-
provements 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 improve~ents after deducting the amounts herein speci-
fied 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
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true owners thereof, and 'shall constitute a first and prior
lien upon such abutting property, and a personal liability of the
real and true owners thereof and shall be payable as follows,to-wit:
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That sai~ amounts payable by ~he property owners shall be paid
in five'(5) eqUal installments, one installment to be due and payable
in thirty (391) days after the completion of said improvements and
the acceptance ther~of by the City of West Univers:iJtl Place"and
another installment in a like amount to be due and payable in one,
two, three and four years, respectively, after said date of accept-
ance with interest thereon from said date of acceptance at the rate
of six (6) per cent per annum, payable annually, with eight per cent
(8%) interest on past due principal an~ interest; but said prop -
erty 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 and each portion thereof shall provide
that in the event of' default in payment of any- installmept there-\~
upom/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 Oity of the
improvements to be constructed as herein ordered, Oertificates of
Special Assessment shall be issued with reference to each abutting
property and which shall evidence the assessments for the work as
hereinabove providea., and the liens of said assessments against
each respective property and said certificates shall be delivered
to the Oi ty . ",
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Section 7. This Ordinance is adopted and all of the further
proceedings in connection with such improvements an~ the construc-
tion thereof and such assessments shall be pursuant to the powers
given by and in accordance with the provisions of the Acts of the
40th ~egislature of the State of Texas, 1927, First Called Session,
relating to street improvements and assessments therefor, and being
Chapter 109 of the General and Special Laws of said Session, as
amended, ,said Act being commonly known as Article 1105b, 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
Oity of West University Place, Texas, and other provisions of said
Charter.
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 1220a
of the Revised Civil statutes.
The Oity Secretary is further directed to advertise for sealed
bids for such work and improvement in accordance with the plans
~nd specifications hereinabove adopted and approved; which bids may
be received by and filed with the 6ity Secretary at or before 7:30
P.M. June 11, 1962.
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'I'L:'i Section 9. Tb,e 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 ~ossible, creates a public
emergency, and therefore this Ordinance shall be passed finally
on the date of its introduction, this 14th day of May, 1962, and
shall take effect immediately upon its passage and approv~l by
the Mayor.
PASSED AND APPROVED THIS 14TH DAY OF MAY, 1962.
COMMISSIONERS VOTING AYE
OOMMISSIONERS VOTING NO
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NONE
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STUART L. LAMKIN, Mayor of the City of
West University Place, Texas'
ATTEST:
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Assistant City S cretary
'. APPROVED:
City Attorney
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