HomeMy WebLinkAboutO-1966-749
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ORDINANCE NO. 741
AN ORDINANCE DETE~1INING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT OF CERTAIN STREETS OR PORTIONS THEREOF IN THE CITY
OF LA PORTE, TEXAS,. APPROVING PLANS AND SPECIFICATIONS FOR SUCH
WORK, AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS, DIRECTING
THE PREPARATION OF ESTIMATES, INVOKING THE PROCEDURE PROVIDED BY
SECTION EIGHT OF THE CITY CHARTER AND CHAPTER 106 OF THE ACTS OF
THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS (Art.
1105b RCS) , ,DETERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY
THE CITY AND THAT A PART SHALL BE BORNE BY THE ABUTTING PROPERTIES
AND THE OWNERS THEREOF, PROVIDING FOR THE ASSESSMENT OF THE PORTION
OF THE COSTS TO BE BORNE BY PROPERTY OWNERS, AND FOR THE FIXING OF
A LIEN TO SECURE P~YMENT OF 'SUCH ASSESSMENTS, STATING THE TIME AND
MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS, DIRECTING THE CITY
CLERK TO CAUSE NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE
FILED IN THE MORTGAGE RECORDS OF HARRIS COUNTY, TEXAS, AND PROVID-
ING FOR AN EFFECTIVS DATE HEREOF.
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BE IT ORDAINED~BY ,~HE CITY .COMMISSIO~
OF THE CITY ,OF LA PORTE, TEXAS, THAT:
Section l. The City Commission of the City of La Porte
hereby determines that a necessity exists for the permanent
improvement of these certain portions of public streets herein-
after listed, by excavati~g, gradi~g and pavi~g the same by the
installation of drain~ge'facilities therein, and by the construction
of curbs and, gutters where adequate curbs and, gutters are not now
in place, ~nd such improvements are hereby ordered, the portions
of public streets to be So improved bei~g des~gnated and defined
..~ by Streets Units as fo.llows.
In the followi~g descriptions of such streets, the
abbreviations IIEPL" "WPLII II NPLII and "SPL" shall mean respective-
. ", ,
ly "east property line", "west property line", "north property
line", and "south property line", and the abbrevi'ation liSt."
means "Street,", the abbreviation "Ave." means "Avenue", and the
abbreviation IIBlvd.1I means "boulevard", to-wit:
GROUP I.
STREE~S TO BE IMPROVED WITH. SIX-INCH (6") REINFORCED
CONCRETE PAVEMENT WITH INTEGRAL CURB, TO A PAVEMENT
WIDTH OF TWENTY-EI~HT (28) FEET:
Unit No. lo North 7th St. from NPL West Polk (North "All ) to
SPL West Tyler (North "CII).
. Unit No. 2. North 3rd St. from NPL West Polk (North "A") to
SPL West Tyler (North "CII).
Unit No. 3. South, 1st St. from NPL West (South) "BII st. to
NPL West (South) "G" St.
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P~ge 2 of 7
Unit No.4. South Utah (l,Oth) Ave. from SPL Park to
NPL Bayshore (Grandview).
Unit No., 5. Oa~grove Ave. from SPL Bayshore to SPL Park Ave.
Unit No.6. South N~gent (14th) Ave. from NPL Roscoe to SPL Park.
Unit No.7., South Holmes (l.5th) Ave. from NPL Roscoe to SPL Park.
Unit No.8. South Carroll (16th) Ave. from SPL East Main to
SPL East (South) IIEII.
Unit No.9. South Carroll (1.6th) Ave. from SPL East (South) liE"
to NPL'Park.
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Unit No. 10. Sylvan. Ave. from EPL Bayshore (Grandview) to
300 feet East of EPL Bayshore (Grandview).
Unit No. 11. Forest Ave., from EPL Bayshore (Grandview) to
330 feet East of EPL Bayshore (Grandview).
Unit No. 12. Hazel Ave. from EPL Bayshore (Grandview) to
410 feet East of EPL Bayshore (Grandview).
GROUP II.
STREETS TO BE IMPROVED WITH SEVEN-INCH ,(7:11)
REINFORCED CONCRETE. PAVEMENT WITH INTEGRAL CURB,
TO A PAVEMENT WIDTH OF FORTY (40) FEET:
Unit No. 13. North 7th St. from NPL West Main to SPL West Polk
(North, II All ) .
Unit No. 14. North 4th St. from NPL West Main to SPL West Polk
(North " A.II) .
Unit No. 15. North 3rd St. from NPL West Main to SPL West Polk
(North "A").
Unit No. 16. North VirgiI'l:ia ( 7th) Ave. from NPL East Main to
SPL East' Polk (North II A" ) .
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Unit No. 17., East (South) "A" St. from EPL Broadway to WPL
San Jacinto.
Unit No. 18. Arizona ( 5th) Ave. from SPL East (South) IICII to
NPL East ( South) "DII.
GROUP III.
STREETS TO BE, IMPROVED WITH SIX-INCH, ,(6") REINFORCED
CONCRETE PAVEMENT WITH INTEGRAL, CURB AND BOULEVARD
WITH TWENTY '( 2,0) FOOT ESPLANADE, BEING A PAVEMENT
WIDTH OF FORTY ( 4.0 ). FEET, BOULEVARD :
Unit No. 19. Jefferson 'Ave. from EPL Bayshore (Grandview) to
330 feet East of EPL BayShore (Grandview).
Unit No. 20., Garfield Ave. from EPL Bayshore (Grandview) to
350 feet East of EPL Bayshore (Grandview).
GROUP IV.
STREETS TO BE IMPROVED WITH EIGHT-INCH (8") SAND
STABILIZED SHELL BASE, ONE-INCH (111) HOT-MIX ASPHALT
SURFACING AND MONOLITHIC REINFORCED CONCRETE CURB
AND GUTTER
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Unit No. 21. East side only of South 1st st. from NPL West (South)
"A" to NPL Alley in Block 37, La Porte (P.avement
width 20 feet).
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P~ge 3 of 7
Unit No. 22. South lst St. from SPL West (South) "All to NPL West
(South) liB" (Pavement width 40 feet).
Unit No. 23. East side only of South 2nd St. from NPL Lot. 7,
Blk. 14, La Porte, to SBL Lot 16, Blk. 14, La Porte
(Pavement width 20 feet).
Section 2. Each of said street unitg shall be paved
in the manner, and to the pavement width specified in Section I
hereof. Said improvements are to be of materials and to be con-
structed in the manner provided in said plans ana specifications
therefor.. The plans and specifications for all such improvements,
heretofore prepared by the City E?gineer and Director, Department
,4It of Public Works of the City of La Porte, and now on file with the
City Commission, are hereby in all things approved.
Section 3. The City Clerk is hereby authorized and
direc,ted to advertise for bids for the improvement work herein
described, .the adver,tisi~g, receivi~g and, openi~g of such bids
to be as provided by the ,Charter of the City of La Porte and Laws
of the State of Texas. Upon the receipt and openi~g of the bids
for such improvement work the Ci,ty E~gineer and Director, Depart-
ment of Public Works of the City of La Porte, is directed to
prepare and file with the City Commission his estimate of the total
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cost of the improvements herein ordered, and the total amount of
the part of the costs thereof to be paid by the City of La Porte
in accordance with the provisions of Section 5 hereof and of the
instructions which may be~ given him by the City Commission.
Section 4. The City Commission of the City of La Porte
deems it advisable and 'hereby determines to proceed under and in
the exercise of the powers, terms and provisions of Chapter 106,
Acts of the First Called Session of the 40th L~giplature of Texas
(being Art. 110Sb R.C.S..) and the provisions of Section E~ght of
the Charter of the City of La Porte, adopti~g said Chapter 106.
Section 5. The cost of said improvements shall be
~ paid as follows, to-wit:
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P~ge 4 of 7
a. The City shall pay all of the cost of drainage
installations wherever located; all of the cost of excavation,
base preparation and pavi~g, within street and alley intersections;
and not less than one-third of the cost of excavation, base prepara-
tion and pavi~g of all other portions of the street units involved.
The abutti~g property within the limits hereinabove defined and the
real and true owners thereof shall be assessed for and pay all of
the remaini~g cost of all ,such improvements in front of their
respective properties; provided, however, that in no event shall
the cost of said improvements to be paid by the abutti?g property
4It. and the real and true owners thereof exceed two-thirds of the
estimated cost of such improvements.as e$timated by the City
Engineer and Director, Department of Public Works.
b. The City of La Porte shall pay all of the remainder
of said cost of said improvements after deducting the amounts
herein specified to be paid by the abutti~g property and the real
and true owners thereof as set out in sub-paragraph "a" above. The
City of La Porte shall pay for its part of the work on the various
street units on monthly estimates as the work progresses, ten per
cent (10%) of the amount due by the City on each such estimate
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bei~g retained by 'the City until completion and acceptance of the
work involved in the street unit on which the estimates are sub-
mitted.
c. The remainder of the costs of such improvements
shall be assessed ~gainst the respective abutting properties and
the real and true owners thereof in accordance with Section Eight
and other applicable,provisions of the City Charter and the Statutes
of Texas herein referred to. No assessment shall be made ~gainst
any abutti~g property or the real and true owners thereof for costs
in excess of the benefits to such property in enhanced value
thereof by ~eans of such improvements. The amounts of such assess-
4It ments shall constitute a first and prior lien upon all such
properties and a personal liability of the true and real owners
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thereof, wh~ther correctly named or not, and shall be payable in
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p~ge 5 of 7
installments, as follows:
W:hen the improvements herein ordered for any street
unit herein des~gnated have been completed and accepted by the
City
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of La ~orte, the amount of the assessment against each prop-
abutti?g thereon and, the real and true owners thereof shall
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be and become payable in ten (10) equal installments, one install-
ment to be due and payable in thirty (30).days after the completion
of said improvements and the acceptance thereof by ,the City of
La Porte, and another installment in. a like amount to be due and
4It years respectively after said date of acceptance, with interest
payable in one, two, three, four, five, six, seven, e~ght and nine
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thereon from said date of acceptance, at the rate of .s I X per
cent ( 6 %) per annum, payable annually; provided, however, that
the owners of any of said property shall have the privil~ge of
payi~g all pr any of said installments at any time before maturity
thereof by ~aying the total amount of principal of such installment
t~gether with the interest accrued thereon to the date of payment.
Further, if default be made in the payment of any of said install-
ments of pr~ncipal or interest promptly as the same matures, then
at the option of the contractor or his ass~gns, the entire amount
of the asse~sment upon which default is made, together with
reasonable attorney's fees and all collection costs incurred,
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shall be and become immediately due and payable.
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Section 6.' The construction and installation of the
improvement~ herein ordered in each street unit or portion of
street here~n desig~ated and described shall be separate and
independent:of the construction and installation of such improve-
ments in each and every other' street unit or portion of street.
The assessments to be levied for the improvements in each such
street unit shall be separate and distinct from the assessments
to be levie~, in every other street unit; and in making and levying
assessments;~gainst property for the improvements'in one unit or
portion of ~treet, no matter or circumstance in connection with
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any other unit or portion of street shall be considered, all as
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p~ge 6 of. 7
fully and to the same extent as if separate contracts were
executed a~d separate proceedi~gs had with reference to each
such street unit or portion of street.
Section 7. Any security, lien, or document desired by
the Contractor in addition to the pavi~g assessments and ass~gn-
able certificates authorized by the City Charter of the City of
,
La Porte, Texas, and the laws of the state of Texas, to secure
the paymen~ of the property owner's part of the costs of the
improvements, shall be obtained by the Contractor. If the
contractor:is unable to obtain reasonably satisfactor.y security as
~ to any abutti~g property or owner, the whole street unit to which
,
the front~ge of such property belongs may be deleted from the
contract, and the lien upon the properties abutti~g said street
unit fixed :by the filing 'of notice of the enactment of this
Ordinance will be released.
S,ection 8. All improvements undertaken by the
contractor 'shall be paid for as outlined in Section 5 hereof,
and in no event shall the City of La Porte be liable for any
part of the! cost of such improvements except that specified in
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sub-par~graph.llall of Section 5' of this Ordinance.
section 9. The City Clerk is hereby directed to
cause to be: prepared a notice of enactment of this Ordinance
and to file: said not;i.ce with the County Clerk of Harris County,
Texas, among the Mor~g~ge Records of said County.
S~ction 10. This 'Ordinance shall be in full force
and
effect from. ~nd after its pass~ge and approval.
7_~'J..,
_ day of June,
,
PASSED AND APPROVED, this the
A.D. 1966.
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ATTEST:
I,
P~ge 70f 7
C~~k itl{h?~ Porte
APPROVED:
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City Attorpey of the
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4It APPROVED:
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City of La Porte
~~~
~ity Engineer and Director, Department
of Public W9rks, of the City of La Porte
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l:318412
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ORDINANCE :I/O. 7..:1 ?
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A.'>; ORDI:-;A,;,CE Di::TER.'IINING TilE NECESSITY .'OR A,ID ORDERING THE l'i.VI~:'3 Q
A.~D I.';I'ROVEHE!lT OF CERTAIN STREETS OR PORTIONS TIIEREOF n: TIil: (;1:'\' t.n
nF LA PORTE. TEXAS. APPROVING PLA:IS AND SPECIFICATIONS FOR SUCli ~
;':ORK. AUTHORIZING THE CITY CLERK TO ADVE.RTISE FOR !lIDS. DIRECTti,G I
THE PREPARATIO:l/ OF ESTI;.lATES. INVOKIl:G THE PROCEDURE PROVIDeD ll'f ~
SECTION E::G!lT OF TilE CITY CIIARTER AND CHAPTER 106 OF TilE ACTS OF
TilE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS (Art,
1l0Sb RCS), DETERMINING THAT A PART OF T:iE COSTS SIIALL BE BOR!:r: ;J'{
THE CITY AND THAT A PART SHALL BE BORNE BY THE ABUTTING PROPERTIES ~
A~D THE OWNERS THEREOF, PROVIDING FOR THE ASSESSMENT OF THE PORTIO:l/
OF TilE COSTS TO BE BORNE BY PROPERTY OWNERS, AND FOR THE FIXI:\G OF
A LiE~ TO SECURE PAYMENT OF SUCH ASSESSMENTS, STATING THE Tn.E ;":10
~~~NER PROPOSEO FOR PAY~~NT OF ALL SUCH COSTS, DIRECTING THE CITY
CLERK TO CAUSE NOTICE ~F THE ENnCTMENT OF THIS ORDINANCE TO 3E
FIt-ED IN THE ;,:ORTGAGE RECORDS OF HARRIS COU!~TY, TEXAS. AND PROV!O-
ING FOR A.'>; EFFECTIVE DATE HEREOf'.
BE IT ORDAINED BY ~IE CITY CO~~ISSIO:ll
OF THE CITY OF LA PORTE, TEXAS, THAT:
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porte~~
Section 1. The City C0m3ission of the City of La
hereby determines that a necessity exists for the pe~anent
~provement of those certain portions of public streets herein-
after listed, by excavating, grading and paving the same by the
installation of drainage facilities therein, and by the construction
of curbs and gutters where adequate curbs and gutters are not no~
in place, and such improvements are hereby ordered, the portic~s
of public streets to be so improved being designated and defined
by Streets Units as follows.
In the following descriptions of such streets, the
abb=eviations "EPL", "~PL", "NPL", and "SPL" shall ~ean red~ective-
ly "east property line., "west property line., "north pro~ertl
line", and "south property line", and the abbrp.viation "St."
means "Street", the abbreviation "Ave." means "Avenue", and t~e
aboreviation "Blvd." means "boulevard", to-wit:
GROUP I.
STREETS TO DE I.,IPROVED \'1ITII SIX-INCH (6") RE:::rOn;::.:l
CONCRETE PAVEME:~T WITH IN'i'EGRAL CUlill. 'ro .\ p;.\a; .~:::'~
\'lDTH OF T\'IENTY-k:IGHT (28) FEET:
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Unit No.3.
~o. 1.
l\orth 7th St. from NPL West Polk (North 11,,") to
SPL \>lest Tyler (l"orth "CO) .
North 3rd St. fro.J NPL :-lest Polk (Nc;'th "A") to ,..oE:-
SPL West Tyler (North "C").
No.2.
(South) .~. St. to
fJ1S) FOR RfCORD
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JUN J "IY66
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South lit St. frO:ll NPL 1'1881:
NPL West (South) "G" St.
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Unit No.4.
Page 2 of 7
South Utah (10th) Ave. fro~ ~PL Park to
NPL uayshore (Grandview).
Oakgrove Avo. from SPL Bayshore to SPL Park Ave.
South NUient (14th) Ave. from NPL Roscoe to SPL Park.
South Holmes (15th) Ave. f,:om NPL Roscoe to SPL I'ark.
Unit So. 5.
Unit Nc>. 6.
Unit No. 7.
:init ~o. 8.
South Carroll (16th) Ave. from SPL East Main to
SPL East (South) "E".
Unit No.9. South Carroll (16th) Ave. from SPL East (South) "E"
to NPL Park.
~nit No. 10. Sylvan Ave. from E~L Bayshore (Grandvie~) to
300 feet East of EPL Bayshore (Grandview).
Unit No. 11. Forest Ave. from EPL Bayshore (Grandvie~) to
3~0 feet East of EPL sayshore (Grandview).
U~it No. 12. Hazel Ave. from EPL Bayshore (Grandview) to
410 feet East of EPL Sayshore (Grandview).
GROt..,. II.
STREE~S TO BE IMPROVED "ITH SEVEN-INCH (7")
REINFORCED CONCRETE PAVEMENT WITH INTEG~ C~R3.
TO A PAVEMENT WIDTH OF FORn (40) FEET:
Unit No. 13. North 7th St. from NPL West Main to 8PL West Pol~
(North .A.).
Unit No. 14. North 4th St. from NPL West Main to SPL W~st Polk
(North "A.).
Unit No. 15. North 3rd St. from NFl, West Main to SPL West. Polk
(North "A.).
Unit No. 16. North Virginia (7~h) Ave. from NPL East Main to
8PL East Polk (North "A"l.
Unit No. 17. East (South) "A" St. from EPL Bruadway to WPL
San Jacinto.
Unit No. 18. Arizona (5th) Ave. from SPL East (South) "C" to
NPL East (South) .0".
GROUP IIi.
STREETS TO BE n:PROVED I'ilTH SiX-INCIl (6") REINrC'l-.:I:!J
CONCRETE PAVE:{ENT WITH INTEGRAL CURB AND BOUL~:\','RI)
WITH TliENTY (20) FOOT ESPLAllAUE, BEING A PAVE~IE:;T
ilIDTIi OF FORTY (40) FEI:T BOl'LEVARD:
Unit No. 19. Jefferson Ave. from EPL Ba~shore !~r~"n"lpwl tn
330 feet East of EPL Bayshore (Grandvicwl.
Unit No. 20. Garfield Ave. from EPL Bayshore (Grandview) to
350 feet East of EPL Bayshore (Grandview).
GROUP IV.
STREETS TO BE I:{PROVED lo/ITII EIGHT-INCII (S"' Si,t;()
STABILIZED SHELL BASE:, ON~-IS<':lI (1") HO'l'-mX ASNIf.J:l'
SURFAC:':NG AND ~IONOLI'fHlC REINFORCElJ CONCRETE Crli.o.:
A....O GUTTER
Unit :;0. 21. East side only of South 1st st. from NPL West (Sout~1
"An to NPL Alley in Block 37, La Porte (Pavement
width 20 feet).
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Unit No. 22. South 1st St. from SPL ::est (South) "A" to NI'L :;o.;t
(South) "B" (Pavement width 40 fcot).
~nit No. 23. East sida only of South 2nd SI: .Q~ NPL Lot 7,
9lk. 14, La Porte, to SPL Lot 1., Blk. 14, La Porte
(Pavement width 20 feet).
Scction 2. Each of said street units shall De paved
in the canner, and to the paveme~t width specified in Section 1
hereof. Said improvements are to be of materials and to be con-
structed in the manner provided in said plans and specifications
therefor. The plans and specifications for all such improv~~ents,
heretofore pr~pared by the City Engineer and Director, Depart~ont
of Public Works of the City of La Porte, and now on file with t~e
City C~~~ission, are hereby in all things approved.
Section J. The City Clerk is hereby authori.ted alld
directed to advertise for bids for the lmprovement work herein
described, the advertising, receiving and opening of such bids
to be as provided by the Charter of the City of La Porte and Laws
of the State of Texas. Upon the receipt and opening of the bids
for such improvement work the City En;ineer and Director, Depart-
ment of Public i;orks of the City of La Porte, is ~irected to
prepare and file with the City Co~ission his estimate of the total
cost of the improvements herein ordered, and the total amount of
the part of the costs thereof to be paid by the City of La Porte
in accordance with the provis: :>ns of Section 5 hereof and of I:I:e
instructions which may be given him by the City Con~ission.
Section 4. The City CO:II::I:.ssion of the City of La Porce
deems it advisable and hereby determines to proceed under and in
the exercise of the powers, terms and ~rovisions of Chapter 1~6,
Acts of tne First Called Session of the 40th Legislature of Tax~s
(being Art. 110Sb R.C.S.) and the provisions of Section Eight o~
the Charter of the City of La Porte, ado?ting said Chapt~r lOG,
Section S. The cost of laid improve:.:ent~ shall be
paid as follo~s, to-wit:
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:hcr~of-, ~;'~'E:~."'.a: correctl:.: n.J:-:.cd or not, ar.d shilll be f'ay.:au:. ...
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l'alje 4 of 7
~. Th~ City shall ?ay ~ll of t~e cost of dra~na;~
l.n~talla:iOI~s ""'.:.er~ver located; .111 of th~ CCSt 0:- c^C.lVatie:1,
~~se ~re?ar~tion and pavin;, within street ~nd alley jnter&cc~io~.;
nnd r:o:: lel:;.3 ~;~un one-thirc of t~e cost of e~:cavation, i:lase ?%"':,;i.lr;:-
::ion ana p3vin~ of all other port~ons of the street units involvuu,
T~e abutt~ng ?roperty within the limits hereinaoove defined and t~e
real ane true owners thereof shall be assessed for and pay all o~
the re:nainin; oost of all such i::l?rove;:Ients in front of their
respective prorertiesl provided, however, 1:hat in no event si'.aii
the cost of said LT.~rov~~ents to i:le paid Ly the aQutting ~ro~~rtr
and the real and true owners thereof exceed two-thirds of the
estL.atcd cost of such improvements as eStlQated by the City
Cn;ineer and Director, Depar~~ent of Public Works.
~. The City of La Porte shall pay all of the r~ain~er
of said cost of said L~provements after deducting the ~:Iounts
herein s~ecified to be paid by the abutting property and the re~l
and true o~ncrs thereof as set out in sub-paragraph "a" above. The
City of La Porte shall pay for its part of the work on the vario_s
street units on ~onthly estimates as the ~ork progresses, ter: !:ar
cent (10\1 of the L~ount due by the City on each such esti::latc
being retaineci by the City until cO::lpletion anci aC"ce?tance o~ t:.'::
work involvad in the street unit on which the estimates arc bU,-
:altt
c. The re~ainder of the costs of such i~prove~er:t~
shall be assellsed against the respective abutting propcrtie.3 ..:',.'
the real and true owners thereof ~n accordance with !'lcction I:; _ :.:;
alid .;)ther applicable provisions .;)f the City Charter anei the 5t::: _I.. t('.;
of Texas herei., referred' to. :10 assessment s~lall l..e .nade a';;l:::'~
Clny ai:luttinc; ;lro;:.erty or the real and true owners thereof for "t)_~.
in eXCCS3 o! t~e benefits to such property in enhClnced valu~
therl'...t 1.17 !:leans of such i:':lprovements. The amounts of such .:l .. ,;'-
ments shall c~nstitute Cl first CIne prior lien upon dll such
pro?~rties and a pr:sonlll liability of the true and real o~nyr,
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i'.:I-je 5 of 7
install~cnts, ~5 follo~s:
~:;I(!:1 t:~-:: i::1.p~ovcj,~ents h~l..(!ir. o.C'Gcrcd fur ar.:,o strcut.:.
unit !lerei:l dcsi;n.:lted ~)ve been co:~pleted .:Inci o1cce?ted by tno.
'City oC L.:I ['or~~. t:'le a:nount of t;le aSG.:.s;;.:.ent .:I\;ainst e.:.ch l'r.o~-
;~rt'l abutting ~hercon ar.d the re.:ll .:Ind true o....ners tt.ereo~ s;:,,:l
'~e and become payable in ten (10) e~ual insto111~ents. one ins~.:Ill-
~ent to L~ due and payable in thirty (30) days after the co~~lc~ion
'c~ said improve~ents and the acceptance thereof by t~e City 0:
,La Porte. and another .install:lent in a like a:::ount to be I;!ue ::lac.
,pa~'ablc in one. t....o. three. four. ::ive. six. seven. eight and nine
,years respcctively after said date of acceptance. ....ith in~ere3t
~l:o.leon fro~ said date of acc...~':ance. at the rate of .s; )( per
'cent ( 6 'I per ann~'. payable .:Innually; provided. however. t~~~
I
the o~ners of any of said ~roperty shall have the ~ri~ilege cf
,payin; all or any of said installcents at any ti:::e before ~at~r~~J
'thereof b. paling the total a:ount of principal of such instal~~e~t
to;etl".er ....1th tl:e interest accrued thereon to the ~ate cf po1}"O::':~~,
Further. if default be r.ade in the pa~~ent of any of said ins~~l:-
':::e"ts of pr incip.:ol or int.!rest pro~?tly as the sa.-::e ::'.atures. -:':.':'::
at the option of the contractor or his ass,"gns, t.he entir.:. Ol."'.u:":l:
of the assessment upon which def.:lult is made. to;cther wit!l
:reasonable attorney's fees and all collection costs incurred.
shall be and beco:le L~~ediately due and payaule.
Section 6. The constructiun and installation of t~~
Ulprov~~ents herein ordered in each street unit or portion of
street herein designated and described shall be separate and
independent of the construction and installation of SIlC!l imprcvu-
oents in each and every other street unit or portion of street.
The assess::\entc tu be levied for the improvements in each such
street unit shall be sepClrate and distinct fro,,, tho assessrn~n~:;
to be levied in every otner st.reet unit; and in :.laidnCJ Clad 10.::'in;
Iluossments a-;ainst property for tho irn"rove:n~:nts in, one unh (' "
~ortion of street, no :atter or circu~sto1nce in connectlon ~!t:.
any ot~lcr U:'.lt or i"1"'rti~:1 o~ st:"4Jot s~~a.~l Lc cor.::.l.rh~r('ci, all ~.
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fully anc; to t:1e SX,1e I.!xtent as if sei'<lratc.: COntrilCt3 '.'il're
executed and se;arate ?roceeciinqs had ~ith reference to eac!.
such street, unit or purtion of street.
Section 7. ,",n:; s(.!c\.:rit~., lien, or Jo~wn(!nt ciesirt...:i ::~.
the Contractor in addition to t~e ~avinq assess~cnts and aSEi11:-
able certificates authorized by the City Charter o~ the City of
La Porte, Texaa, and the laws of the State of Texas, to secure
tne ~a~ent,of the property owner's part of the costs of the
improveo':lents, shal-1 be obtained by the Contractor. If tI".e
c~ntractor IS unable to obtain reasonably satisfactory sec~rit1 <IS
to any abutting property or owner, the whole street unit to w~ic~
the frontage of such property belongs ~ay be deleted fro~ the
contract, and the lien upon the prop~rties a~uttin9 Laid street
unit fixed by the filing of notice of the enac~~ent of this
Ordinance w~ll be released.
Section 8. All L~prov~~ents undertaken by the
contractor shall be paid for as outlined in Section 5 ~ereof,
and in no event ~hall the City of La Porte be liable for any
part of the cost of such M~provements except that specified i~
sub-paragrap~ "a" of Section 5 of this Ordinance.
Section 9. ~he City Clerk is here~y ~irecte~ to
cause to be pre?ared a notice of enac~~ent of this Ordinance
and to file said notice ..dth the County Clerk of I!arris Count}'.
Texas, ~~ong'the Mortgage Records of said County.
Section 10. This Ordinance shall be in full force
anc effect fro~ and after its passage and approval.
PASSED A.';D APPROVED, this the 7 ~ day of June.
.
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Page 7 of 7
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APPROvr:O:
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APPRO"ZO:
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C~ty En;~neer and C~rector, Department
of Public Works, of the City of La Porte
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eorr~Gt '~Py of Ordinan:e No. ~ P~$$~J, ap~r~ved and acc~t~~ oy tno
C it, Co.-rmi~:; ien 0' In... C i Iy of La Porte, a r a ..,,,...c i I' It"",o,d ""9 tnoreof
dtJly caltt.oU' CnJ hcla on the ~ ri~y 11 _'",".' ,19.!5.:- U& SumP.
app~~rs 01 r~cord in the minutes 01 saia mc~rinQ. at wniCh ~~ting Q
cuorum of tne City Commission W~$ pr~$on: and atl present vot~~ for the
ap~rov~t. p050sage end ado~rion 01 said crd{nance.
To certify NniCh wit~~~s my ~na an~ seal of rr.~ &~i~ City of
~a P~~... lhis In. ~ day of
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Cily CI.,." of tn' City of ~a Po~f'v. n...as
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KNOX W. ASKINS
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LA PORTE. tEXAS USJI
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COUNTYu' "Milt..
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VOI5614 1'Il.r 400
ORDINANCE NO. 74?
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~~ ORDIN~~CE D~TE~~INING THE NECESSITY FOR AND ORDERING THE PhVI~~ ~
~"D I,,:PROVE:'IENT OF CERTAIN STREETS OR PORTIONS THEREOF IN TIi!; CITY CJ"l
nF ~ PORTE, TEXAS, APPROVING PLA:IS AND SPECIFICATIONS FOR SUCu ~
\':ORK, AUTt:ORIZ!NG THE CITY CLERK TO ADVERTISE FOR BIDS, DIRECTU:G I
THE PREPARATION, OF ESTnlATES, INVOKIllG THE PROCEDURE PROVIDED Ill! ~
SECTION E:'GST OF THE CITY CHARTER AND CHAPTER 106 OF THE ACTS OF
THE FIRST CALLED SESSIbN OF TgE 40TH LEGISLATURE OF TEXAS (Art.
110Sb RCS) , DE~ERMINING THAT A PART OF TaE COSTS SHALL BE BO~,i ~y
THE CITY AND THAT A PART SHALL BE BORNE jy THE ABUTTING PROPER'rIES c::J
~~D THE OwNERS THEREOF, PROVIDING FOR THE ASSESSMENT OF THE PORTION ~
OF THE COSTS TO BE BORNE BY PROPERTY OliNERS, AND FOR THE FIXING OF
A LI~~ TO SECU~ PAYMENT OF SUCH ASSESSME~~S, STATING THE TI~~ AND
~~~NER PROPOSEO FOR PAY:~NT OF ALL SUCH COSTS, DIRECTING THE CITY
CLERK ~O CAUSE NOTICE ~F THE ENACTM&VT OF THIS ORDINANCE TO 3E
FIt.ED IN THE ~:ORTGAGE RECORDS OF HARRIS COUl~TY, TEXAS, AND PROVID-
ING FOR AN EFFECTIVE DATE HEREOF.
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BE I~ ORDAtNED BY THE CITY COMMISSION
bF THE CITY OP LA PORTE, TEXAS, THAT:
/171
Porte ~~
Section 1. The City Commission of the City of La
hereby 4e~er.mines that a necessity exists for the perQanent
improvement of ,those certain portions of public streets herein-
after listed, by excavating, grading and paving the same by tha
installation of' drainage facilities therein, and by the construction
of curbs and gutters where adequate curbs and gutters are not nOd
in place, and such improvements are hereby ordered, the portions
of public streets to be so improved being designated and defined
by Streets Units as follows.
In the following descriptions of such streets, the
abb=eviations -EPL-, -WPL-, -NPL", and -SP1." shall mean re~?ective-
ly -ea$~ property linea, "west property linea, "north property
1ine", and -south property line", and the abbrflvi'ation "St."
means "Street-, the abbreviation -Ave." means "Avenue", and tr.Ei
Ilboreviation "Sivd." lneans "boulevardn, to-wit:
GROUP I.
STREETS TO BE II~PROVED l'lITH SIX-INCH (6") RE!~FOR;;:.)
CONCRETE PAVEIU:,~T WITHIN'rEGR;J. CURB, TO A P,WL ,;:::';'
l\'lDTH OF TI'IENTY-k:IGHT (28) FEET:
~::: ::: ::
Unit ~o. 3.
North 7th St. from NPL West Po"k (North "AU) tc
Spr. West Tyler (=,orth. "c") .
North 3rdSt. frOfJ NPl. l,iest Polk (No:th "A") to AE--
SPL I.est Tyler (Korth -Cn).
South lit St. tto.'lI NPL Uei\:
NPL West (South) -a-St.
(SOU1:.:1) ";.s" St. 1:.0
fILED FOR RECORD
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Unit No. 4.
Unlt No. 5.
Unit No. 6.
Unit No. 7.
Unit ~o. 8.
Unit No. 9.
Page 2 of 7
South utah (10th) Ave. from ~PL Park to
NPL Bayshore (Grandview).
Oakqro~e Ave. from SPL Bayshore to SPL Park Ave.
South Nugent (14th) Ave. from NPL Roscoe to SPL Park.
South H~lmes (15th) Ave. from NPL Roscoe to SPL ~ark.
South Carroll (16th) Ave. froQ SPL East Main to
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South Carroll (16th) Ave. from SPL East (South) "E"
to 'NPL Park.
Unit No. 10. Sylvan Ave. from E~'L Barshore (Grandview) to
300 fee~ East of EPL Bayshore (Grandview).
Unit No. 11. Forest Ave. from EPL Bayshore (Grandview) to
3~0, feet East of EPL Bayshore (Grandview) .
Ur.it No. 12. Hazel Ave. f~ EPL Bayshorc (Grandview) to
410 feet East of EPL Baysbore (Grandview).
GROL"l' II. STREE~S TO BE IMPROVED KITH SEVEN-INCH (7")
. REINFORCED CONCRETE PAVElolENT WITH IN'1'EGRAL Ct:RB,
.. TO A PAVEKENT WIDTH OF FORTY (40) FEET:
Unit No. 13. North 7th St. from NPL West Main to SPL West Polk
(Nor~ .A").
Unit No. 14. North 4th St. from ~~L West Main to SPL Wast Polk
(Nor~ ~A.).
unit ~o. 15. North 3r4 St. from NFL West Main to SPL West. Polk
(North "A").
unit No. 16. North Virqinia (7<;h) Ave. from NPL East Main to
SPL East polk (Korth ';11.").
Unit No. 17. .East (South) "A- St. from EPL Broadway to t\PL
,San Jacinto.
. ,
, . Unit No. 18. AriZona ( 5th) from SPL East (South) .C.
Ave. to
NPL East (South) -D-.
GROUP III. STREETS TO BE IMPROVED WITH SIX-INCII (6") REINFO~~CO
CONCaETE PAVEl4ENT WITH INTEGRAL CURB AND BOULEVARD
tUTH TliENTY (20) FOOT ESPLANADE,. BEING A PAVEME1:T
'IiIDTH OF . FORTY (40) FEeT BOULEVARD:
Unit ~q. 19~ Jefferson Ave. from EPL Bayshore (dr~"nvipw) ~n
330 feet. :East of EPL Bayshore (Grandview).
. Unit No. 20. Garfield' Ave. from EPL, Bayshore (Grandview) to
350 feet East of EPL Bayshore (Crandview),
GROUP IV.
STREETS TO BE 1!4PROVED I~ITH EIGHT-INCH (S") Slt.:.O
STABILIZED SHELL BASE,' O~t:-IN":lI (1") J10'l'-MIX ASP:lhL'..
SURFAC~NG AND MONOLITHIC REINFORCEO CONCRETS CC~
A.~D GUTTER
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,Unit 1;0. 21., E.1St side on1r of South lstSl;., from NPL West (Sout~J
"A" to N;!>L Alley in Block 37, La Porte (PavEllllcnt
....idth 20' feet).
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Page 3 of 7
Unit No. 22. South, 1st St. from SPL tlest (South) "A" to NPL \IOJt
(Soutf.) "a" (Pavement width 40 feet).
U~it No. 23. East side o~ly of South 2nd St. . 'IJr:I NPL Lot 7,
3lk. 14, La Porte, to SPL Lot 1<. Blk, 14, La Porte
(Pavement width 20 feet),
Section 2. Each of sai~ street units shall be paved
in the manner, and to the pavement width specified in Section 1
hereof. Said ~prov~~ents are to be of materials and to be con-
structed in' the manner provided in said plans and specifications
therefor.' The plans and s~ecifications for all such improve~ents,
heretofore ~r~pared by the City Engineer and Director, Departr:lent
of Public Works of the City of La Porte, and no~ on file with the
City C~~ission. are' hereby in all things approved.
Section 3,,' The City Clerk is hereby authori~ed and
directed to advertis, for bids for the~provement work herein
, described, the advertising, receiving and opening of such bids
to be as provided by the Charter of the City of La Porte and Laws
of the State of Texa~. Upon the receipt and opening of the bids
I
; for s~ch improvement work the City En;ineer and Director, Depart-
;ment of Public \iorks of the City of La Porte, is directed to
prepare and file with,the City Co~ission his estimate of the total
cost of ~e improvements herein ordered, and the total amount of
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.the part of the c~sts thereof to be paid by the City of La Porte
,in accor~ance with the provis1ons of Section 5 hereof and of the
,instructions whic~ ma~ be given him by the City Commission.
Section 4. The City c~~ssion of the City of La Porte
de~~s it advisable and hereby determines to proceed under and in
the exercise of the powers. terms and ,rovisions of Chapter 106,
~cts of the First called Session of the 40tn Legislature of Texas
(being Art. ll05b R.C.S.) and the provisions of Section Eight of
1;he Charter of: the City of La Porte, aclo?tinc;l said Chapter 106,
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Section 5. . The cost of "laid improven:ent::l shall be
~aid as follows, to-wi~;
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Page 4 of 7
;:\. Th~ City shaH pay all of tn~ cost of dr;:\inagL
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l.nst.tlllatio~s W:ler~ver located; all of the cost of excavation,
baSe preparation and paving, within street a:'\d alley intersection:;;
and not lOGS t.~an one-third of the cost of excavation, base pr.cpur~-
tion and pavi~9 of all other portions of the street units involved.
The abuttlnq property within the limits hereinaDove defined and the
real and true,ow:'\ers thereof shall be. assessed for and pay all of
the remaining cost of all such i~prov~ents in front of their
respective properties: provided, however, that in no event shull
the cost of said L~provinents t.o be paid by the abutting ~rop~rty
and the real and true owners thereof exceed two-thirds of the
estima~ed cost.of such' L~provements as eStimated by the City
~n;ineer and Director, Department of PUblic Works.
D. The City of La Porte shall pay all of the r~ai:'ldcr
of said, cost o~;said improvements after deducting the ~ounts
herein specified to be paid by the abutting property and the real
and trUe o~~crs thereof'as set out in sub-paragraph "a" above. ~ha
City of La Porte shall pay for its part of the work on the vario~s
street units on ~onthly estimates as the work progresses, ten ~er
eent (10\) of the amount due by the City on each such estL~ate
being retained br the City until ca;uo:.letion and aC"ce?ta:'lce 0: tooc.
~ork involved in the street unit on which the estimates are su~-
:ni tt
c. The remainder of the costs of such irnprovernent.b
shall be asseRsed against the respective ;:!O)utting protlereic.:l .:.::.'
e;10 rea.l and true owners thereof in accordance \dth Section El ':.1:
and other applicable provisions of the City Charter ;:!nQ the St~.~tc~
of Texas herein referred to. ::10 assessment shall be ;uade ag.::l~r..~
a.ny abutting pro;erty or the real and true owners thereof for co_.\.;
in excess of t~e 'be:'\cfits to such rro~erty in enhanced value
therC'...f by means 'Qf sUl;:h i;nprovements. The amoUnts of such .:l '..-' -
~ents shall oonst~tuee a first ana prior lien upon all such
proc:crties and a pc :sonal liul>ility of the true and rO.::ll o\:r...,r_
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Page 5 of 7
install~er.ts, ~s follows:
,jr.c:l the i::iprove,';\entll herein o,cdered for anr "trUIJC
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unit herein desi;nated ~3ve becn co~pleted and accepted ~y th~
City ,of La Por;~, the'~~ount of the asscs~~ent a~ainst each prop-
erty abutting ~ncreon and the real and true owners thereof s~a:l
~e and become payable in ten (10) .equal installments, one install-
~ent to ~e due and paya~le in thirty (30) days after the co~pletion
cf said L~provements and the acceptance thereof by the City 0:
La Porte, and anocher inst~llQent in a like ~:ount to be due ~ne
payable in one, t~o, threer four, five, six. seven, eight and nine
years respectively after sllid date.of acceptance, ,",'itb interest
th..leon fro:- said date of .cc..~':.a:,.ce, at the rate of .s i}{ per
cent (b \) per annum,payable annually; provided"however, t~~t
the OAT-erS of any of said ~to?erty shall have the privilege of
paying all O~ any of said installments at any tL~ebefore ~ac~ricJ
thereof by paling the total a=ount of princi~al of such instQ:l~e~t
-
co;ether "'1th the interest accrued thereon to the date cf pa~7~~nt.
Furtne,r. '. default be made " in the payment of ilny of said inst.:.l:-
1.
;;le.'"lts ~f prir.cipal or in:tJre$.t pro:;:..Uy as the SAlr.e r..;:.tures, t::-.~n
at the option of the contractor or his asst9ns, thc entire a=o~nt
of the assessment upon which default is made, tosether with
reasonable attorney's fees and all collection cost.. incurred,
shall be and ~eco~e ~ediately due and ~aya~le.
Section 6,. The co~structiutl and installation of t:....
~prov~ents herei~ ordered in each strect,unit o~ ~ortion of
street herein designated and described shall be separate and
independent of the co,nstruction and installation of sllch imprcv",-
Dents in each and eve~y other stroetunit or pert ion of street.
The asseSS::lent~ to be levied for the improvo."ll,:mt.s in each such
street linit Shilll be separilte ana di..tinct fro". th') ...ssessr.,t;.ntt<
to be levied in eve~y other s~reet unit; ar.~ in ~akin; and ~~v~in:
assessments a~~inst property for the ~~Frov~ents .n one uni~ c:
portion ,of strc€.t, no,~nattcr or circuilstolt,Cl) in o;onnoction ,,:it:_
any ot:-.c;, ur.lt cr p:-,rtic..""! :tf ~t:.r(~t ~r.p.l ..u CQX.!:. i..:r(la. eLll ....
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fully anti to t~c s~~c extent as i; separate contracts ~cre
executed and $e~:laratc proceedings had with reference to cae!.
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such street unit or portion of street.
Section 7. An'f security., lien, 'or document cies~n.C1 0'1
the Contractor in addit~~n to the paving assess~ents and assi~n-
able certific.tes autnori,zed by the Cit:l Charter o~ the City 0=
La Porte, Texas, and the laws of the State.of Texas, to secure
t~e pazment of the property owner's part of the COSts of the
improv~ents, shall be obtained by ,the Contractor. If t~e
c~ntractor is unable to ob~ain 'reasonably satisfactory sec~rity as
to any abutting property or owner, the whole street unit to w~ic~
the fronta;e of such proper~y belongs ~ay be deleted ft~~ the
contract, and the lien upon ,the pro~erties abutting ~aid str~et
unit fixed by the filing of notice of the enactment of this
Ordinance will pe released. .
Sect'ion 8. All improvements undertaken by ~he
contractor shall be paid for as outlined in Section 5 ~ereof,
and in no event Shall the City of La ,Porte be liable for any
part of the cost of such ~~provements except that specified i~
sub-paragraph "a" of Section'.5 of this Ord~nance.
Section 9. ~he City Clerk is here~y directed to
cause to be prepared a notice, of enactment of this Ordinance
and to file said notice with the County Clerk of Harris County,
Texas, ~~ong the Mortgage Records of said County.
Section 10. This Ordinance ~hall be in full force
an' ef~ect fro~ and after itspas~a;e and approval.
PASSED AND APPROVED, this the 7.!.!= day of ,Junl<,
. .
A,O. 1966.
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pa.ge 7 of 7
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ATTEST:
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C1Cj Clerk of'ch~ city of L~ Porte
APPROVED:
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Clty At~ornClY ,of cne
APPROVED:
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C1ty Zng~neer and C1rector, Department
of ~lic Works, of the City of La, Porte
il.BCORDEII.. _IlAIfDUII.
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rnis iu to G~rtify that tne cbovQ and fore3oing is c tr~~ o~d
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co~r~et ~~Pl of Crdinaneo No. ~ ~aS'03, apP'~vod and acopt~~ oy the
C iry ("o"mi~a;on of lnf.' Cily of ~a, Porre, ar a 'Pl'C i ,/ ""]I" in9 lnereof
duLy c::alled and hoLd on th& ---!.!.1!- day .,1 .."",,,.. , 19 ~ as sc:mre-
CPPOQ~$ oi.r~cord in the minulos of SOld mooting, at which ~cting a
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quorum of the Cily Commission MeS presenl and aLL presonr vorDd for lho
approval, passa90 and adoprion Of said ordinance.
To certify which wilr-ess my nana an:i seaL of lr... s:.i:l Clly of
~a PorlOt, Chis lho ~ day of ,'ur'.'
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Cily CLeric of lMf Ciry of ~a Port'e, reJlaS
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LA" OfFICES
KNOX W. ASKINS
III SOUTH BRO^DW^"
P. O. BOX 111'
L^ PORTE. lEXM nUl
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StATE Of' rEXAII f
COUNTY Of' "AliRli (
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JUN 1 0 1966
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tlAllIIIS:COUNTY, TlDIAI
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