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HomeMy WebLinkAboutORD 437 ORD Finding & Dertemining Improvment at Sec5 Rice Blvd 107' ORDINANCE NO. 431 -\ AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMEijT OF: ~ Section No. 5.- RICE BOULEVARD from the W~st line of Auden Street to the East line of College Street, . IN THE CITY OF VmST UNIVK{SITY PLACE, TEXAS, AS PROVIDED IN EA.!?LIER ORDINANCES AND IN THE OCTOBER 11, 1948 CONTRACT WITH RUSS MITCHELL, INC., CONTRACTOR, Ii..AS BEEN COMPLETED IN ACCORDANCE iUTH SAID CON- TRACT AND ORDINANCES; ACCEPTING THE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTIONS, APPROVING THE ENGINEER I S FI~AL ESTTIilATE kl@ AND AUTHORIZING AND DIRECTING SETTLEM~~T IN ACCORDANCE THERENITH AND AUTHORIZING A11D DIRECTING THE ISSUANCE ~D 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 portions 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 October 11, 1948 with Russ Mitchell, Inc., Contractor, for the construction of certai~ improvements on portions thereof; and ViliEREAS, said contractor has now constructed improvem~nts under said contract and has completed the work on the segregated section No.5, set forth in the caption hereof, and the Engineer for the City ha~ made his report and certification with reference to the completion of said work and has, now pre- sented 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 work done and improvements accomplished on the hereinafter designated separate segre- gated section, pursuant to. the October 11, 1948 contract between the City and Russ Mitchell, Inc., Contractor, and which improvements were constructed under the direction, supervision and examination by said Engin~er, and has found and determined that such wOTk and improvements have been done, constructed 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 Commi~sion that such work and improvemcn ts have been so cons tructed and has r,ecommended - to the City Commission that such work Bnd improvements be accepted; and the City Commission of the City of West University Place, Texas, does hereby find and determine tha t the work and improvement of \ Section No.,5. RICE BOULEVARD, from th~ West line of Auden Street to the East line of College Street, have been performed, constructed and completed by said Contractor in full complia.o..ce...iw,i-tiJt.';bb:e ,terms and provisions of said October 11, 1948 contract, . ,...,. .........J:..J...I TTrTiI . ..'-------------- -.:- .1 .1. ~..:..;.~ ;.~ ~U8 .. I and the plans and specifications constituting parts thereof, and s~id 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 the 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, here 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 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. 428, passed and approved November 19; 1948, to evi- dence the respective assessments and liens levied against the properties abut- ting upon Rice Boulevard, within the above designated section No.5, and against the true owner or owners thereof. That the Mayor and City Secretary are hereby authorized and directed to execute said special assessment certificates in their offieial capacities in the name of said City, and the City Secretary is directed to 'impre~s thereon the seal of the C~t.r; and the respective annual in- stallment coupons attached to and constituting a part of the assessment certi- ficate shall be executed with signatures o~,fac simile signatures of the Mayor and City Secretary. 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 tenns and ,provisions of its bonds, but same shall remain in full force and effect with the one year maintenance guarantee period therein provided dating from the date hereof, as to said Section No. S. Section 5. The fact that all improvements have been completed and t~at portion" of the street constituting the separate segregated section perein- above described, in full accordance with the above mentioned contract, and the Contractor is entitled to final settlement of said contract as to said segre- ' gated section thereof, creates a public emergency, and therefore, th.is-,Ordi- nance shall be passed finally on the date of its introduction this 4th day 'of January, A.D. 1949 and shall take effect immediately upon its passage and - approval by the Mayor. PASSED this 4th day of January, A.D. 1949. Commissioners Buschardt, Hamlett, Holman, and Terry and Mayor Lanmon voting aye. None - voting no. APPROVED this 4th day of January" A.D. 194 . , , ATrEST: -~~/ \' ' Secretary , il l~ -, . I ~ o