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HomeMy WebLinkAboutORD 434 - ORD Finding and determing the Improvment at Sec 1; Sec 2; Sec 3 ILl 'I ~-:-:-J: , ,----------- I; I ...1 . 92, ORDINANCE NO. JI311 AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF: SECTION NO.1: UNIVERSITY BOULEVARD,FROM THEY'llEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT 8TREET;AND !l I~ .. SECTION NO.2: UNIVERSITY BOULEVARD FROM THE WEST LINE OF BELMONT STREET TO THE EAST LINE OF SEWANEE STREET; AND SECTION No.4: THE NORTH HALF OF UNIVERSITY BOULEVARD FROM THE EAST LINE OF LOT 5 TO THE, WEST LINE OF. LOT 4B, ALL IN BLOCK 44, WEST UNIVERSITY. PLACE, TEXAS, SECOND ADDITION, .' _. ,_ . IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES AND IN THE JUNE 21, 1948 CONTRACT WITH RUSS MITHCELL, INC., CONTRACTOR, HAS BEEN COMPLETED IN ACCORDANCE WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK ANP.' IMPROVEMENTS ON SAID SEGREGATED SECTIONS; APPROVING .THE ENGINEER'S FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SETTLEMENT IN ACCORDANCE THEREWITH AND AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY OF ,SPECIAL ASSESSMENT CERTIFICATES AND DECLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 371, passed and approved , April 20, 1948, declaring the necessity for and ordering the permanent im- provement of certain streets in the City of West University Place, Texas" and pursuant to subsequent ordinances and proceedings, the City of West ~ University Place, Texas made and entered into a contract dated June 21, 1948 with Russ Mitchell, Inc., contractor, for the construction of certain 1m- :~ provements thereon; and ,WHEREAS, said contractor has now constructed the improvements under said contract and has completed the work on the segregated sections Nos. 1, 2 and 4, set forth in the caption hereof, and the,Engineer for the City has made his report and certification wi th reference to the completion of said work and has now presented his final estimate in connection therewith: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 w.:ij#' done and improvements accomplished on the hereinafter designated separate segre- gated sections, pursuant to the June 21, 1948 contract between the City and Russ Mitchell, Inc., contractor, and which improvements were constructed under the direction, supervision and examination be said Engineer, and has found and determined that such work and improvements have been done, con- , structed and fully completed in full compliance with the terms and provisions of said contract, and of the plans and 'specifications constituting a part thereof; and that said - Engineer has so certified to the City Commission that such work and improvements have been so constructed and has recommended to the City Conmission that such work and improvements be accepted; and the City Commission of the City of West University Place, Texas, dpes hereby find and ~ J I I i. I ---' 9'3 determine that the work and improvement of: SECTION NO.1: UNIVERSITY BOULEVARD from the West line of Kirby Drive to the West line of BelmOIlt Street; and SECTION NO.2: UNIVERSITY BOULEVARD from the West line of Belmont Street to the East line of Sewanee Street; and SECTION No.4: The North Half of UNIVERSITY BOULEVARD from the East line of Lot 5 to the West lirtle of Lot 4B, all in Block'44, West University Place, Texas, Second Addition, have been performed, constructed and completed by said Contractor in full compliance with the terms and provisions of said Jun~2l, 1948 contract, and the plans and specifications constituting pci.rtthereof, and said City Com- niission'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 prepared and presented by the Engineer for the .City,with reference to the completion of said improvements and the sums due Contractor under said con- tract, bere and now approves and adopts said final estimate as:.,.'so prepared and presented by the Engineer' for the City; and hereby authorizes and directs the Mayor aIid City Treasurer to make final settlement with said Contractor in accordance with said final estimate. Section 3. The, Mayor and City Secretary are hereby autho r:ized and directed to issue to said contractor, Certificates of ' Special A~sessment as provided in Ordinance No. 390, passed an(i'a.pprove'd~Juiy li,' 1'9!ifcf,' ~to evidence the respective assessments and liens levied against the properties . abutting upon University Boulevard within the above designated segregated sections Nos. 1, 2 and 4 and against the true owner or owners thereof. That the Mayor and City Secretary are hereby authorized ~nd directed 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 and cnnstituting a part of the assessment certificate shall be executed with signatures or facsimile signatures of the Mayor and City Secretaryi The above mentioned certificates shall be delivered to the Contractor upon final settle- ment between the City and Contractor as above provided. 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 performance bond; and the contractor's responsibility under the one-year maintenance guarantee bond for each of said respective sections shall date from the date hereof. Section 15. The 'fact that all improvements have been completed on those portions of the streets constituting the separate segregated sections hereinabove described in full accprdance with the above mentioned contract, and the Contractor is entitled to final settlement of said contract as to said segregated sections thereof, creates a public emergency, and therefore, this Ordinance shall be passed finally on the date of its introduction this - 13th day of December, A. D. 1948, and shall take effect immediately upon its passage and approval by the Mayor. 94. ATTEST: :1.. I . u ..1 . ~~_l..~. ...c ;.. ..;r ._.....:;.... ..~ . ~ I i I I..-....-J PASSED this 13th day of De<?einber, A. D. 1948. Hanilett, Holman, Terry and Mayor Ialmon COMMISSIONERS Buschardt, voting aye. NONE ~ voting no. rY APPROVED this 13th day of December, A. D. 1948. ~~~4,J . . C:Lty: ry . , ", .ntv:ersity II LJ o