HomeMy WebLinkAboutOrd 163 - determining necessity for improvement; University/Community
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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.
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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
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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
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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
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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.
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{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.
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PASSED AND APPROVED THIS THE 18th
~eptember , A. D. 1939
ATTEST:
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~ecretary .
APPROVED:
City Attorney.
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Mayor