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HomeMy WebLinkAboutORD364 - ORD Finding and Determing the Improvement 0.,".'. i' I, I, I' :1 L CD 91; ORDINANCE NO,. ~ AN ORDINANCE FINDING AND UETERMING, THAT THE IMPROVEl.lENT OF Section No.1: Auden Street from the north line of University Boulevard to the northline afRice Boulevard; Section No.2: University Boulevard from the west line of Auden Street to the east line of Mercer Street; Section No. J:University Boulevard from the east line of Mercer Street to the East line of Sewanee Street; Section No.6: University Boulevard from the west line of Auden Street to the east line of Weslayan Street. IN THE CITY OF 'WEST UNIVERSITY PLA.CE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES AND IN THE APRIL 3, 1947 ,CONTRACT WITH HOLIAND PAGE, CONTRACTOR, AS SUBSEQUENTLY AMENDED, HAS BEEN COMPLETED IN ACCORDANCE iJITTH SAID CONTRACT, ORDINANCES AND AMENDMENTS THERETO; ACCEPTING 2HE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTION; AUTHOlRIZING AND DIRECTING SETTLEMENT WITH SAID CONTRACTOR IN ACCORDANCE WITH THE "FINAL ESTlMA.TE AND ANALYSIS" BY THE ENGINEERS ANID ORDINANCE NO. 363 HERETOFORE PASSED; AND AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY OF SPECIAL ASSESSl1IENT CERTIFICATES AND DECLARING AN' EMERGENCY. WHEREAS, pursuant to its Ordinance No. 335,- passed and approved January- 6, 1947, as amended by Ordinance No. 338, passed and approved March 5, 1947, detennining the necessity for and ordering permanent improvement of certain streets in t~ City of West University Place, Texas; and pursuant to subsequent ordinances and proceedings, the City of West University Place made and entered into a contract dated April 3, 1947 with HoIland Page, Contractor, for the construction'of certain improvements, and which contract was , subsequently amended with reference to certain of the segregated sections into which the, work was divided; and 1JIffiEREAS, f;laid contractor has now constructed the improvements under said contract and has completed the work on the segregated sections Nos. 1, 2, 3 apd 6'Q set forth in the caption hereof, and the engineers for the City have made their report and certification with reference to the completion of said work and have now presented final, estimates in connectioh therewith: NCWf, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PIACE,TEXAS: Q Section 1. The City Connnission hereby finds and determines that the engineers for the City have examined, measured and caused to be 'tested in the manner provided by said contract, plans and specifications, the work done and improvements accomplished ,on the hereinafter designated separate segregated sections, pursuant to the April 3, 1947, contract between the City cu:d Holland Page, Contractor" and amendments thereto, and which L:, ':,:::J Jl [' i , IJ ..1. -:' 92 ,l ~ improvements were constructed under the direction, supervision and examination by said engineers and have found and determinedethat such work and improvements have been done, constructed and fully completed in full com- pliance with the terms and provisions of said contract, and amendmants thereto, and of the plans and specifications constituting a part thereof; and that said engineers have so certified to the City Connnission that such work and improvements have been so constructed and have recommended to the City Conmission that such work and improvements be accepted; and the City Commission of the City of West University Place, Texas, does hereby find and .determine that the IDrk and improvement of Section No.1: Auden Street from the north line of University Boulevard to the north line of Rice .Boulevard; Section No.2: University Boulevard from the west line of Auden Street to the east line of Mercer Street; Section No.3: University Boulevard from the east line of Mercer Street to the East line of Sewanee Street; Section No.6: University Boulevard from the west line of Auden Street to the east line of Weslayan Street, !l u have been performed, constructed and completed by said contractor in full compliance with the terms and provisions of said April 3, 1947, contract, and amendments thereto, and the plans and specifications constituting part thereof, and said City Commission does here and now accept such rork and improvements on behalf of, and as, the ?Ct of the City of West ttniversity Place, Texas. ' Section 2. The City Commission by its Ordinance No. ,. duly and regularly passed and approved, having heretofore found and determined from the "Final Estiinate and Analysis" of the Engineers, the total sums to which the Contractor is entitled by virtue of said 'work, the sums heretofore paid to the Contractor, the credits to, an'd net sums to be paid by property' ' owners under prior ordinances and proceedings, and the 'final balance of account between the City and said Contractor as to the hereinabove listed segregated sections of the contract, the Mayor and City Treasurer are hereby authorized and directed to make settlement with said contractor in accordance with. said "final Estimate and Analysis", and said Ordinance No.~ Section 3. The Mayor and City Secretary are hereby authorized and directed to issue to said Contractor, Certificates of Special Assessment as provided in Ordinance No. 344, passed and approved May 7, 1947, and in Ordinance No. 353 passed and approved August 15, 1947, to evidence the respective assessments and liens levied against the properties abutting upon Auden Street and University Boulevard within the above designated segregated sections Nos. 1, 2, 3, and 6, and against the ,.true owner or o-wners thereof; that credits be endorsed on each such certificate in accordance with the "Final EstiInate and Analysis", and said Ordinance No. herein referred to, and which credits shall likewise constitute credits on the ,mechanic's lien contracts executed by the respective property owners. That the Mayor and City Secretary are hereby authorized and airected to execute said [i I \ -----..J 0' o [I 93~ special assessment certificates ,.in their official capacities in the name . of said City, and the City Secretary is directed to impress thereon the seal of the City; the respective annual installment coupons attached to and constituting a part of the assessment certificate, shall each have endorsed thereon a prorata part of the credit' entered upon the certifi- cate, and shal1 be executed with signatures or fac simile signatures of the Mayor and City Secretary. The above mentioned certificates shaJ.l be delivered to the Contractor upon final settlement between the City and Contractor as above provided. Section 4. The Contractor having certified that 811 bills for labor and materials furnished to and for the construction of the improve- 'ments on the above segregated sections have been paid and that there are no unsatisfied claims or demands against him incuITed under said contract as to such sections, Contractor and Standard Accident Insurance Company, Surety on the April 3, 1947, f'erformance ,;Bond furnished in connection with said contract, be and are hereby released therefrom as to, and in so far as same covers, the above segregated sections on which the work is hereinabove accepted. o The liability and resppnsibility of Contractor and Standard Accident Insurance Company und~r the one-year maintenance guanantee bond heretofore submitted and apprpvedApril 3, 1947, shal1 date from the date hereof as to each of the abov~ listed segregated sections hereby accepted. Section 5. The fact that 811 improvements have been completed on those portions of the stree~s constituting the separate segregated sections hereinabove described in full accordance with the above mentioned contract, and the contractor is entit1ep. to final settlement of said contract as to said segregated sections thereof, createS a public emergency, and therefore, this Ordinance shall be passed final1y on the date of its introduction, this 8th day of March, A.n.1948, and shal1 take effect iImnediately upon i~s passage and approval by the Mayor. PASSED this 8..th.. day of March, A. ID. 1948. -- COMMISSIONERS !.:mmon I A T'mA'r') ::lTnr'l Thmgl as~ J 11m MlilYQr 188 voting aye COMMISSIONERS None.. voting no. APPROVED THIS 8th day of ,March, A. D., 1948. ATTEST: ~~/ City~-ecret . . ABPROVED - City Attorney.