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HomeMy WebLinkAboutORD 173 - John C. Calhoun, JR.;sewer lines7-7 EFFECT OTHER PARTS THEREOF: AND, PROVIDING THAT THIS ORDINANCE SHALL TYUCE EFFECT AND BE IN FORCE DZI IEDIATELY FROM AND AFTER ITS PASSAGE AND AP PR OVAL . WHEREAS, HOUSTON LAND & TRUST COTiI'ANY, as Trustee for Home Mortgage Company, debtor, owns and holds certain lots located in what is commonly known as COLLEGE COURT PLACE, a subdivision or addition, a part of which is lo_cdted within the corporate limits of the City of West University Place, Texas, and a part of it located irithout said corporate limits, . and WHEREAS, said HOUSTON LAND & TRUST COMPANY, in its capacity as Trustee, is entering into a written contract with JOHN C. CALHOUN, JR., a duly, licensed and practicing engineer of the City of Houston, Harris County, Texas, whereby the said Cal- houn will lay and construct _certain sanitary sewer lines, man- holes, and appurtenances in connection therewith in the streets of such addition and. in easements at the rear or sides of the various lots of said addition for a consideration of $50.00 per lot insofar as concerns the lots so owned_ and held by HOUSTON LAND & TRUST COMPANY, and WHEREAS, there are other division located both within and without the City that are not so awned: and held COMPANY, but by numerous other persons, lots within said sub - the corporate limits of by HOUSTON LAND & TRUST a nd ORDINANCE NO. 173 AN ORDINANCE AUTHORIZING AND PERMITTING JOHN C. CALHOUN,JR. TO LAY AND CONSTRUCT SANITARY SEWER LINES, MAN -HOLES AND APPURTENANCES Ill? CONNECTION THEREWITH UPON AND UNDER ALL. STREETS AND PUBLIC 'KAYS OF COLLEGE COURT PLACE, AND UPON AND UNDER ALL EASEMENTS TO LOTS LOCAT.N,D IN SUCH ADDITION; AUTHORIZING THEIR CONNECTION TO THE SANITARY SEWER LIDS OF THE CITY OF WEST UNIVERSITY PLACE; PROVIDING TIL, T SUCH LINE, MANHOLES AND APPURTEN- ANCES AFTER COMPLETION OF CONSTRUCTION BE MA IN- TAINED BY THE CITY OF WEST UNIVERSITY PLACE; PROHIBITING THE - TAPPING ON TO OR CONNECTION WITH SUCH LINES AND APPURTENANCE'S WITHOUT PAY12NT TO THE CITY OF CHARGE THEREFOR, SAME TO BE COLLECT - ED BY THE CITY ND PAID TO JOHN .C. - CALHOUN,JR. , WITH CERTAIN EXCEPTION, AND TO BE IN ADDITION TO ANY OTHER CHARGE REQUIRED BY THE CITY; AP- - PROVING THE PLANS AND SPECIFIC_ ATIONS FOR SUCH :YORK; AGREEING TO CONSTRUCT A LIF1 STATION IN SUCH ADDITION; AUTHORIZING THE YLYOR TO ENTER INTO A WRITTEN CONTRACT KITH JOHN C. CALHOUN, JR; PROVIDING THAT IF PART OF THIS ORDINANCE IS DE- CLARED UNCONSTITUTIONAL OR INVALID IT SHALL NOT EFFECT OTHER PARTS THEREOF: AND, PROVIDING THAT THIS ORDINANCE SHALL TYUCE EFFECT AND BE IN FORCE DZI IEDIATELY FROM AND AFTER ITS PASSAGE AND AP PR OVAL . WHEREAS, HOUSTON LAND & TRUST COTiI'ANY, as Trustee for Home Mortgage Company, debtor, owns and holds certain lots located in what is commonly known as COLLEGE COURT PLACE, a subdivision or addition, a part of which is lo_cdted within the corporate limits of the City of West University Place, Texas, and a part of it located irithout said corporate limits, . and WHEREAS, said HOUSTON LAND & TRUST COMPANY, in its capacity as Trustee, is entering into a written contract with JOHN C. CALHOUN, JR., a duly, licensed and practicing engineer of the City of Houston, Harris County, Texas, whereby the said Cal- houn will lay and construct _certain sanitary sewer lines, man- holes, and appurtenances in connection therewith in the streets of such addition and. in easements at the rear or sides of the various lots of said addition for a consideration of $50.00 per lot insofar as concerns the lots so owned_ and held by HOUSTON LAND & TRUST COMPANY, and WHEREAS, there are other division located both within and without the City that are not so awned: and held COMPANY, but by numerous other persons, lots within said sub - the corporate limits of by HOUSTON LAND & TRUST a nd a 6 i WHEREAS, it is necessary that the City give and grant to the said TORN C. CALHOUN, JR. the right and privilege to lay and construct such sewer lines, manholes and appur- tenances, at his own cost and expense, along and under the streets 'of such addition and also within the easements at the rear and sides-of the lots of such addition; and, also to authorize and permit their connection with the sanitary sewer lines of the City, and 4MREAS, the City has agreed by proper resolution of its governing body to construct at its own cost and expense in the easement at the rear of Lots 8 and 9, Block 22 of College Court Place, a proper lift station for such sewer lines, and 'AREAS, it is also necessary that a contract be entered into between the City of •'Jest University Place and the said JOHN C. CALHOUN, JR. whereby the City agrees and obligates itself to require that each person, organization or corporation on all such lots located within such addition other than those specifically indicated as being owned and held by HOUSTON LAND & TRUST COMPANY in its capacity as Trustee, pay for each con- nection to such sanitary sewer lines a cash charge of $50.00 prior to being permitted to connect on to such sanitary sewer lines, and that such charge in each instance be collected by the City for the use and benefit and on behalf of the said JOHN C. CALHOUN, JR., this obligation to extend to all lots of such ad- dition that are at this date located without the corporate limits of the City in the event that the corporate limits of the City are at any subsequent date or dates extended to include them or any of them; and, that the Mayor of the City of asst University Place, Texas, be authorized to enter into an appro- priate contract with the said JOIUT C. CALHOUN, JR. with refer- ence thereto. 9 THEREFORE, BE IT ORDINAED BY THE BOARD OF COMMISSIONERS OF THE CITY 'OF ICIEST UNIVERSITY PLACE, TEXAS: Section 1. John C. Calhoun, Jr. is authorized to lay and construct, at his own expense, certain sanitary sewer lines, manholes and all appurtenances in connection theraWith, along and under-.-..all streets and other public ways -vd thin what is known and designated as College Court Place, an addition or subdivision located within the corporate limits of the City of West University Place, Texas; and, also along and.under any and all easements to any lots located within such addition. Section,?, The Said John C. Calhoun, Jr. is authorized to 79 lay and construct such sewer lines, manholes and other appur- tenances in connection therewith at one time or operation or at different times and as different projects, it being under- stood and known by the City that he is entering into a con- tract with Houston Land & Tru-st . Company with reference to such construction with the provision that it be divided into sections and that such lines, manholes and appurtenances. in connection therewith be laid and constructed as and when a certain desig- nated number of lots have been sold and /or a certain designated amount -of money paid to the said John C. Calhoun by Houston Land & Trust Company. Section 3. Such sewer lines may be at any time or times connected with the sanitary sewer lines of the City of West University Place, Texas, at no charge to the said John-C. Cal- houn, Jr., but solely at his expense; such connections to be made, however, under the direction of the City. Section 4. Such sewer lines, manholes and appurtenances An connection therewith, when laid and constructed shall there- after be maintained and kept in good repair by the City at no cost and expense to John C. Calhoun, Jr. If within a period of one year from the time the sewer lines in any particular Section of said addition are connected with the sewer lines of the City of Nest Unive- city Place there appears any defect or defects there- in directly caused by faulty workmanship in the laying and con - struction thereof by the said Calhoun, he shall within ten days, (weather permitting) from receipt of written notice _from the proper office of the City specifically describing each such defect take proper measures to correct and repair same; and, if he should fail within such time to do so, the City shall have the right to make such repairs at his expense. If at such time any indebted- ness is due by the City to Calhoun , the City shall have the right to withhold payment on the indebtedness so due and deduct therefrom the cost of such work. However, Calhoun shall be chargeable only with the actual and necessary cost of such work. The term "Section" hereinabove referred to shall mean the various Sections designated in the contract between Houston Land & Trust Company, as `trustee, and John C. Calhoun, Jr. Section 5. When any excavations =have been made, proper care and precautions shall be taken by the said John C. Calhoun, Jr. to prevent accidents and injuries to- persons, and after the necessary construction work in connection therewith same shall be promptly refilled and returned, as nearly as practicable, to the same condition as prior to such excavation. The said Calhoun agrees I ' to save and protect the City from any harm with reference to any accidents or injuries and to defend any law suits with re- ference thereto at his own cost and expense. Section 6_ All such work shall be in conformity with the plans and specifications heretofore submitted by the said John C. Calhoun, Jr. to the Board.-of Commissioners of the City of West University Place, which said plans and speci- fications are here approved. The plans and specifications so submitted and approved are identified by the names of the Mayor and John C. Calhoun, Jr. written thereon. No person, organization or corporation shall be permitted to tap on to or connect with such sanitary sewer lines, manholes or appurtenances in connection therewith without first paying to the City of West University Place a charge of $50.00 per lot fop such privilege. Such charge shall in each instance be collected by the City of West University Place before any such connection is permitted and such money shall be paid over to the said John C. Calhoun, Jr., his heirs,.executors, administrators, successors or assigns. In this connection, no such charge shall be made against any of the following designated lots which are owned and held by Houston Land & Trust Company in its capacity as Trustee for Home Mortgage-Company, debtor: BLOCK CCKK 1 - LOTS 3, 5, 10, 11, 12, 14, 152.182 192 20, 21, 22, 23, 24, 25, 26, 271, 28, 292 31, 329 34, 38, 39, 402 41, and 45. BLOCK 2 - LOTS 6, 7 and -11. BLOCK 3 - LOTS 3, 41 51 6, 91 10, 11, 19, 20 and 23. BLOCK 4 - LOTS 11 2, 3, 4, 5, 8, 9, 10, and 11. BLOCK 5 - LOTS 42 51 69 99 10, 13 >1 14, 17, 18.- 20, 212 22, 252 26, and 29. BL - LOTS 4, 51 8, 9, 11; 14, 22, 232 25, 26, and 279 BLOCK �7 - LOTS 1, 22 3, 5, 6, lo, 11, 12, 13 19, 202 219 222 27, 28, 29, and 30. BLOCK CK 8 - LOTS 1, 2, 31 41' 51 6, 7,. 11, 12, 17, 18, 192 20, 27, 29, and 30. BLOCK -- LOTS 11 21 3, 41 5, 61 9, 10, 11, 21 and 26. 81 BLOB C� K 10 - LOTS It 22 4, 51 6, 71 81 9, 12, 20, 21, 222 232 24, 25, 27, 28,29, and 30. BLOCK 1- -LOTS 3, 122 13, and 14. BLOCK 18 - LOTS 1, 11, 123 13, 15, and 16. BLOCKS - LOTS 6, 9, 12, and 13. BLOCK 20 :: - LOTS 6 and 11. BLOCK - LOTS 7, 82 10, and 14. BLOCK - LOTS 41, 6, 72 8, 10, 13, and 14. Such connection charge here provided for shall be in addition to any other charge or fee that may be required by the City.of West University Place at this time or at any future time for connection with its sanitary sewer lines, it being understood that the City shall have the full right and privilege of levying any additional charge from time to time that its governing body may deem advisable. - Seetian fi_ In connection with the provisions of Section 7 hereinabove with reference to the payment of $50.00 per lot for the privilege of tapping on to or connecting with such sanitary sewer lines, etc., it is understood and agreed that the term "lot" shall mean each such lot as set out and in accordance with.the original dedication of said COLLEGE COURT PLACE which is duly recorded in the office of the County Clerk of Harris County, Texas, and here referred to. If any person, o•rganizati on or corporation desires to tap on to or .connect with any such sewer lines, etc. and if building or other .improvements are located or will be located on less than a lot as designated in such dedication, there shall neverthe- less be charged the sum of $50.90. However, if the ownership of such person, organization or corporation be more than a lot as designated in- °_sLlchl-4edic8tioh- :and such other lot or lots or fractional parts thereof, adjoin the lot on which such building .or;ot.her improvements are located or will be located, there shall be charged $50.00 for each such additional lot, and for any fractional part of a lot there shall be charged an amount in proportion to the area as compared to the area of the entire of such lot. SPetinn � The entire of College Court Place is not located with - in the corporate limits of the City of West University Place. It is known to the City that the said John C. Calhoun, Jr. and Houston Land & Trust Company are entering into a contract for the AIM laying and constructing of sanitary sewer lines., manholes and appurtenances in connection therewith along and under the streets' of that portion of such addition without the corporate limits of the City, and along and under easements to the lots so located therein. In this connection, the said John C. Calhoun,Jr. is authorized to connect: such. lines to the sanitary sewer lines of the City, at hib own cost_ and expense, but under the direction of the City; and, if at any time or times this said territory or any part of it is annexed to and becomes a part of the City of Vilest University Place, then and in that event the City agrees and obligates itself to collect the same charge per lot for - connection rah such sanitary sewer lines as is hereinabbve pro - vided for lots now located within the corporate limits of the City, said money -.- upon collection to be,-paid over to the said John C. Calhoun, Jr., his heirs, executors, administrators, successors -or assigns; with the exception, however, that no such charge shall be made or required by the City for and in behalf of John C. Calhoun, Jr. on the following described lots, which are owned and held by Houston Land & Trust Company as Trustees for Home Mortgage Company, debtor: BB 0 - LOTS 48, and 72. BLOCK 11 - LOTS 4, BLOCK - LOTS 3, 24, 25, BLOCK 13 - LOTS 6 BLOCK 4 - LOTS 3, BLO�K�l5 - LCT 5. 499 50, 51, 52, 609 649 51 6, 12 82 24, and 25. 4, 11; 12 132 19, 202-21, 26, 271 26, and 29. and 17. 4, 5� 13, and 16. The City obligates itself to make such collections only on connections to such sewer lines after the territory in question has become annexed to the City. The City of West University Place agrees and obligates itself to construct in the easement at the rear of Lots 8 and 9, Blouk 22 of College Court place a proper lift station and in- stall therein a proper pump, in accordance with the plans and specifications therefor to be prepared and submitted to the City by John C. Calhoun, Jr. The Construction of such lift station and the installation of such pump shall be completed within - sufficient time so that it will be ready for full operation at the time John C. Calhoun, Jr. completes the laying and construc- ting of the sewer lines in the First Section of such College Court Place and is ready to connect same with the sewer lines of the.City of hest University Place. 83 SECTION 11 The Mayor of the City of `test University Place is authorized to enter into a written contract on behalf of the City with John C. Calhoun, Jr. with reference to the construction of such lift station and the collection by the City of the charge herein referred to from any person, organization or corporation before tapping on to or connecting with such sanitary sewer lines and other matters in connection herewith, such contract to contain such terms and conditions as may be deemed just and ad- visable. SECTION 12. If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be uncon- stitutional or void, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners of the City of West University Place hereby.declares that it would have passed this ordinance and each section, sub- section, sentence, clause or, phrase hereof, irrespective of the fact that any one or more sections,. sub - sections, sentences, clauses, or phrases be declared unconstitutional or void. .TT dN l 7 This ordinance shall take effect and be in force immediately from and after the date of its passage and approval. Passed and approved this the _13th day of April , A. D., 1940. Mayor' ATT,ST y Secretary,