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HomeMy WebLinkAboutOrd 163 - determining necessity for improvement; University/Community 1~ I,' _'L r, ..' : H : .f 5'4 ORDINANCE NO. l.6..3 AN ORDINANCE DETERMINING THE NECESSI TY FOR AND ORDERING THAT UNIVERSITY BOULEVARD FROM THE EAST LINE OF COLLEGE VIEW FIRST ADDITION TO THE WEST LINE OF THE INTERSECTION OF CO:MMUNITY DRIVE AND UNIVERSITY BOULEVARD, IN THE CITY OF WEST UNIVER- SITYFPLACE, TEXAS, SIIALL B~ IMPROVED BY ,PAVING SAID PORTION OF UNIVERSITY BOULEVARD; REQUIRING THE ENGINEER FOR THE CI~:[ TO PREPARE AND FILE COMPLETE SPECIFICATIONS FOR THE BROROSED IM- PROVElVIENT TO GO WITH A WRITTEN STATEJ'JIENT OF THE NAMES OF THE OVlJNERS OF THE PROPERTY ABUTTING ON SAID STREET WI'I'HIN THE LIMITS NAMED; DIRECTING THE ill~GINEER FOR THE CITY TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROV~IENTS, AND DECLARING AN EVIERGENCY. -l ~-' ..;}...~.. ..~- ~~~~--x- Oc~" ..~..~. -x-..~-...x.. Wr.lliREAS, the Board of Commissioners of the City of West University Place, Texas, has decided to dnitiate the imp~ovement of University Boulevard from the East Line of College View First Addition to the West Line of the Inter- section of Comnnmi ty Drive and University Boulevard; now, therefo re , BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE -1 '-----' OITY OF WEST UNIVERSITY PLACE: Section 1: That the Board of Commissioners of the City of West University Place, Texas, does hereby determine that it is necessary to improve University Boulevard from the East Line of College View First Addition to the West Line of the Intersection of Community Drive and University Boulevard, and does hereby order that said street within said limits shall be improved in the manner and with such kinds of pavement and material or materials as may be adopted by the Board of Commis- sioners to be used in the construction of said improvement; that the width of the roadway to be improved between the shoul- ders on each side of said street is hereby fixed at twenty four (24) feet; that said roadway be brought to necessary grade by grading, raising or filling the same, that said roadway shall be improved from shoulder to shoulder by providing thereon such founda tion as may be deemed adequate by the Engineer for the City, either by construction, reconstruction or repair, as may be found necessary and proper and when said adequate found- tion shall have been, in the judgment of the Ehgineer for the City, provided, either by construction, reconstruction or re- pair, as -the case may be, there shall be placed on said street a substantial wearing surface of such ,of the following mater- ials or kinds of pavement as the Board of Oommissioners may se- lect, adopt or provide, of the thickness or consistency and J 55 ..,.," quality as shall be specified by the Engineer for the City, to be of such material not less than the thickness on that po~tion of ~aid street to be paved: ' Six (6") inches loose cement stabilized shell base course with one (111) inch asphalt shell wearing surface; that the maximum cost at which the work of constructing said im- provement shall be let shall not exceed $.88875 per square yar.d, including grading, foundation and wearing surface of that portion of University Boulevard from the East L~ne of College View First Addition to the West Line of the Intersection of Community Drive and University Boulevard to be paved; and the Board of Commis- sioners shall adopt and provide for that portion of University Boulevard from the East Line of College View First Addition to the West Line of the Intersection or Community Drive and Univer- . si ty Boulevard, and two (2,) feet on each side of the tracts there- of occupied by any steam railroad or street railway such material' or kinds of pavement as the Board of Commissioners may deem suit- able for that portion, Whether it be the same material adopted for the balance of the street or not, all in the manner as pro- vided by Acts 1927, 40th Legislature of the State of Tex~s, First Called Session, page 489, Chapter 106, said Act being cQmmonly known as Article 1105-b, Revised Civil Statutes of the State of Texas, 1925, and relating to street improvements and assessments therefor, and as adopted by the City of West University Place. (a) The cost of constructing said improvement of the area between and under rails, tracks, double tracks, turnouts and switches, and two (2) feet on each side thereof, of any railway, street railway or interurban using, occupying or cross- ing University Boulevard within the limits hereby ordered improv- ed, shall be paid by the respective owners thereof, and assessed against said owners and their property in the manner provided by 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, said Act being commonly known as Article 1105-b, Revised Civil Statutes of the State of Texas, 1925, and as adopt- ed by the City of West University Place. (b) The owners of the property abutting on said Uni- versity Boulevard within the limits above set,out shall pay not to exceed nine-tenths (9/10) of the cost of the remaining im- provements on said University Boulevard within the limits pre- scribed, exclusive of that portion of said cost referred to in Subsection (a) and (c) of this section, and said abutting prop- . erty owners shall have assessed against them and their property said costs for such improvements in the manner provided by Acts of the 40th Legislature of the State of Texas, 1927, First Call- ed Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, said Act being commonly known as Article 1105-b 'Z I _~ .t 1. _ . ~~ .'6 _ J:~ I. . Y.. 56 Revised Civil Statutes of the State of Texas, 1925, and as adopted by the City of West University Place. That said amounts payable by the propertY owners shall be paid in five equal installments, one installment thirty days after the completion of said improvements and the ac- ceptance thereof by the City of West University Place, one in- stallment in one year from the date of acceptance; . one in- stallment in two years from said date of acceptance; one in- stallment in three years from said date of acceptance; and one installment in four years from said date of acceptance) with interest thereon from said date of acceptance at the rate of six (6%) percent per annum, payable annually; but said property owners. shall have the privilege of paying any of said install- . mentsbefore their maturity by payment of principal and inter- est thereon; prOViding, however, that no amount shall be assessed against any property owner or his property, in excess of the benefits to said property in the enhanced value there- of by reason of said improvements. '~~ ~J {c} The City of West University Place shall pay the whole cost of improving the intersections of said University Boulevard with other streets (exclusive of so much thereof as is made payable by the ovmers of the railway, street railways or interurbans), and shall pay not less t~~n one-tenth of the remain cost of said improvements. Section 3: The Engineer for the City is hereby directed to prepare forthwith and file with the Board of Commissioners complete specifications for the proposed im- provement, upon each of the various kinds of paving materials hereinabove set forth, so as to enable bids to be secured separately upon each of said kinds of pavements, and said specifications to be so arranged so that the City shall be enabled to obtain bids for doing any portions of said work separately from the other portions, if desired by the Board of Commissioners, together with a written statement Which' shall contain the names of persons, firms, corporations and estates owning 'property abutting upon said University Boulevard within the limits named, with the number of front feet owned by each, describing such p~operty either by lot or block number, or in any ot;b.er manner sufficient to identify it; and the Engineer for- the City is further directed to prepare an estimate of the cost of such improvements. Section 4: There exists a public emergency re- quiring that this orainance shall take effect and be in force immediately from and after the date of its passage and approval. '-~I I ~J [ 1--', L.J PASSED AND APPROVED THIS THE 18th ~eptember , A. D. 1939 ATTEST: ;>>M5~ ~ecretary . APPROVED: City Attorney. 57 day o~ '~~, Mayor