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HomeMy WebLinkAboutORD 398 - ORD Finding and Determining the Improvment of Rice & Wakeforest IT: ' 1:", '"J, .1 236 ORDINANCE NO. 398 AN ORDINANCE .FINDING AND DETERMINING THAT THE IMPROVEMENT OF: Section No. 1. ' RICE BLvD. from the :West line' of , . Kirby Drive to the Wes t line of Belmont Street; and J ,Section No.2. WAKEFOREST STREET from the. North line of Rice Blvd. to the North line. of Plumb Street, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES AND IN THE MAY 10, 1948 CONTRACT WITH RUSS MITCHELL, INC., CONTRACTOR, HAS BEEN COMPLETED IN ACCORDANCE WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK ANDIMPROVEMENTS ON SAID SEGREGATED SECTIONS; APPROVING THE ENGINEER' S FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SETTLEMENT IN ACCORDANCE THERE- WI TH AND, AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY, OF SPECIAL ASSESSMENT CERTIFICATES AND DECLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 370, passed and approved April 14, 1948, declaring the necessity for and ordering the permanent improvement of certain streets in the City of West University Place, Texas, and pursuant to subsequent ordinances and proceedings, the City of' West Uni versi ty Place, Texas made and entered into a contr~c:t dated May 10, 1948 with Russ Mitchell, Inc., contractor, for the construction of certain improvements there:on; and , WHEREAS, said contractor has now constructed the improvements under said contract and has completed the work on the segregated sections Nos. 1 and 2, set forth in the caption hereof, and the Engineer for'-theCityhas made his re- port and certification vdth reference to the completion of said work and has now presented his final estimate in.connection therewith: il LJ NOW,' THEREFORE, BE IT ORDAINED BY THE CITY CDMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission hereby finds and determines that the Engineer for the. City has 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 segre- gated sections, pursuant to the May 10, 1948 contract between the City and Russ Mitchell, Inc. contractor, and which improvements were constructed under the direction, supervision and examination by said Engineer, and has found and determined that SUCJ1- work, and improvements have been done, constructed and fully completed in full compliance with the terms and provisions of said contrac,t,.\andof the plans and specifications constituting a part thereof; and that said Engineer has s'o certified to the City Commission that such work and improvements have been so constructed and have recommended to the City Commission 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 work and improvement of Section No.1. RICE BLVD. from the West line of Kirby Drive to the West line of Belmont Street; and " . - [] u 'l,t LJ o 23~1 Section No.2. WAKEFOREST STREET fram the North line of Rice Blvd. to the North linepf Plumb Street, have been performed, constructed and completed by said Contractor in full compliance with the terms and provisions of said May 10,1948 contract, and J-- . 'the plans and specifications constituting parts thereof, and said City Commission does here and now accept such work and improvements on behalf of, and as the act of the City of West University Place, Texas. Section 2. The' City Commission, having examined and final estimate prep~ed and presented by the Engineer for the City, with reference to the completion of said improvements and the sums due Contractor under said contract, here and now approves andadopts.said final estimate as so pre- pared and presented by the Engineer for the City; and hereby authorizes and directs the Mayor and City Treasurer to make final settlement with said Contractor in accordance with said final estimate. 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. 381, passed and approved May 28, 1948, to evidence the respective assessments and liens levied against the properties abutting upon Rice Blvd. and Wakeforest Street within the above designated segregated sections Nos. 1 and 2 and against the true .owner or owners thereof. That the Mayor and City Secretary are hereby authorized and d~rected to execute said 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; and the respective annual installment coupons attached to ahd constituting a part .of the as~~ssment certificate shall be executed with signatures or facsimile signatures: of the Mayor and City Secretary. The above mentioned certificates shall be delivered to the Contractor as above pro- vided. Section 4. The acceptance of the work and final settlement with the contractor, as herein provided, shall in nowise release contractor and its surety from the terms and provisions of its bond, but same shall remain in full force and effect with the one year maintenance guarantee period therein provided dating from the date hereof. Section 5. The fact that all improvements have been completed on those portions of the streets constituting the separate segregated sections herein- above described in full accordance with the abovementioned contract, and the Cpntractor is entitled to final settlement of said contract as to said segre- gated sections thereof, creates a public emergency, and therefore, this Ordinance shall be passed finally on the date of its introduction this 20th day of September, A. D. 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 20th day of September, A. D. 1948. COMMISSIONERS Armer, Hamlett, Lanmon, Terry and Mayor ,Lee voting aye. COMMISSIONERS none voting no. APPROVED this 20th day ,of September, A. D. 1948. ~:.:::..:.:.L~ _ _:_~__ I__: .________ :--c.... ,-. "-:':::3. __I: . 1__ __~~-----.:______-'-.l.t 238 APPROVED.: ' JI - . ATTEST: City Attorney ,I l " ", I ' .1 - ' '~:, ".,~ . ._" ~"' J . . ~ _ , , ... ~tary , . ~. ..-',' ... . . ... ,0 o o