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HomeMy WebLinkAboutORD 435 - ORD Finding & dertermining Improvement Certain portions of Marquette, Villanova and Southwestern 95, "\ ORDINANCE NO. 435 -1 I I I .-J AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF CERTAIN PORTIONS OF MARQUETTE, VILLANOVA AND SOUTHWESTERN STREETS, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS" AS PROVIDED IN EARLIER ORDIliJANCES AND IN THE SEPTEMBER 20, T948; - CONTRACT ~'ITH BROGAN & WILLIAMS, CONTRACTOR, AND COMPRISING SEGREGATED SECTIONS NOS. 2, 3, 4, 5, 6, 7 AND 8, AS THEREIN SET FORTH, HAS BEEN COM- PLETED IN ACCORDANCE WITH SAID CONTRACT AND. QRJJINANCES; ACCEPTING THE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTIONS; APPROVING THE ENGINEER'S FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SETXLE- MENT IN ACCORDANCE THEREWITH AND AUTHORIZING AND DIRECTING THE'IS- SUANCE AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES AND DE- CLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 394, 'passed and approved August 23, 1948, declaring the necessity for and ordering the permanent , ' improvement of cer.i;aj,~~s:t..re~ts in the Ciyy 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 which, with a- mendments and addenda thereto, is dated September 20,'i948,'i~th Brogan & Williams, contractor, for the construction of certain improvements thereon; and i WHEREAS, said contractor has now constructed the improvements under said contract and has completed the work on the segregated Sections Nos. 2, 3, 4, 5, 6, 7 and 8, mentioned in the caption hereof and hereinafter set forth, and the Engineer for the City has made his report and cert~fication with reference to the completion of said work and has now presented his fi- nal 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 work done and improvements accomplished on the hereinafter designated separate segre- gated sections pursuant to the September 20, 1948 tontract and amendments and- addenda thereto, between the City and Brogan & Williams, contractor,' and which improvements were, constructed under the direction, supervision, and examination by said Engineer, and has found and determined that such work and improvements have been done, constructed and fully completed'in full compliance with the terms and provisions of said contract, and of the pl~s 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 constr.ucted and has 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: ' ....-J SECTION NO.2. North one-half of MARQUE'fTE STREET (in the 4100 ' block thereof) from the East line of Lot 118 to the West line of Lot 118, FAIRHAVEN ADDITION; and ',- " I' I III J II H " ------.: , .--------~ T. _ I, ,.J "L --,- SO' l~' " t' ,; SECTION NO. J. North one...half of VILLANOVA STREET (in the 4100 block thereofTfrom the East line of Lot 138 to the West line of Lot 138 in FAIRHAVEN ADDI TION; and SECTION No.4. South one-half of VILLANOVA STREET (in the 4100 block thereof) .trom the East line of Lot 124 to the West line of Lot 124 in FAIRHAVEN ADDITION; and SECTION NO.5. North one-half of SOUTHWESTERN STREEl' (in the 3800 block thereof) from the East line of Lot 10 to the West line of Lot 11 and from'the East line of Lot 16 to the West line of Lot 16, all in Block J,' COLLEGEVIEW First Addition; and o SECTION' No.6. South one-half of SOUTHWESTERN STREET (in the 3800 block thereof) from the, East line of Lot 9 to the West line of Lot 9 in Block 6, CO~EGEVIEW First Addition; and SECTION NO.7. North one-half of SOUTHWESTERN STREET (in the 3900 block thereof) from the East line of Lot 15 to the, West line of Lot 16, all in Block 4, COLLEGEVIEW , Firs~ Addition; and SECTION No.8. South.:one-half of SOUTHWESTERN STREEr (in the 4100 -block thereof) from the East line of Lot 75 to the West line of Lot 75 and from the East line of Lot 78 to the West line of Lot 78 in FAIRHAVEN ADDITION, ~l I I l ( U have been performed, constructed and completed by said contractor in full compliance with the terms ,and provisions of said September 20, 1948 contract and amendments and addenda thereto, and the plans and specifications con- stituting part 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 Urliversi-ty'Place, Texas. ,. '_, - Section 2. The City Commission, having examined and final esti- mate prepared and presented by the Engineer for the Cit,y, with reference to the completion of said improvements and the sums due contractor under said cont~act, here and now approves and adopts 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,~. The Mayor and City Secretary are hereby auth~rized and directed to issue to said contractor, Certificates of Special Assessment as provided in Ordinance No. 411, passed and approved October 8, 1948, to evidence the respective assessments and liens levied against the properties abutting upon the above named streets within the above designated segregated sections Nos. 2, 3, 4, 5, 6, 7 and 8, and against ~~ true owner or ~ers thereof. That the Mayor and City Secretary are he~~py authorized and di- rected to execute said special assessment certifica~es in their ,official U capaci ties in the name of said city, and the City Seci:etaz,y is directed to . ,I impress thereon the seal of the city; and the respective annual installment 97 --' ~ coupons attached to and constituting a part of the assessment certificate shall be executed with signatures or facsimile signatures of the Mayor and City Secretar,y.>The above mentioned certificates shall be delivered to the contractor upon final settlement 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. Secti~ 5. The fact that all improvements have been completed on those portions of the streets constituting the separate segregated sections hereinabove described in full accordance 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. PASSED th~s 13th day of December, A. D. 1948. COMMISSIONERS Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. NONE - voting no. APPROVED.tlils 13th day of December, A. D. 1948. Mayor 0 ATTEST: ~~~~ Cit e.tary , , I :cd