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HomeMy WebLinkAboutORD 448 - ORD Finding & Derterming Improvement of Byron Street -.:J::::::TII .~- I:. :.r -. t~8 ORDINANCE NO. hu8 AN ORDINANCE FINDING AND DETEm.Q:NING THA'r IMPROVEMENT OF THAT PORTION OF BYRON STREET IN THE CITY OF WEST UNIVERSITY PLACE, 'illJ TEXAS, CONSTITUTING SEGREGATED SECTION No.4, AS PROVIDED IN EARLIER ORDINANCES AND IN THE OCTOBER 25, 1948 CONTRACT lliITH BROGAN & WILLIAMS, CONTRACTOR, HAS BEEN COMPLETED IN ACCORDAlIJCE vvrTH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IMPROVE- MENTS- ON SAID. SEGREGA:rED SECTION; APPROVING THE ENGINEER t S FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SETTLEMENT' IN ACCORDANCE THEREwITH AND AUT!lORIZING AND DlRECTnW THE ISSUANCE AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES AND DECLARING A1~ ID~ERGENCY. WHEREAB, pursuant to its Ordinance No. 407, passed and approved September"27, 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 University Place, Te~as, made and entered'into a contract dated October 25,. 1948,. with Brogan & Williams; cantractor,., for the constructiGn of certain improvements thereo:n; and WHEREAS; said contractor has now constructed the improvements under said contract and has compieted the work, on the segregated Se.ction No.4, . Jl!.entioned in the cap.t:ion hereof and herei:iiafter set forth, and the Engineer for the City has made his'report'and certification 'With reference to the com- pletion of said work and has now presented his final estimate in connection therewith; NOW, THEREFOR,E, BE IT ORDAINED BY THE pITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o Section 1. The City Commission hereby finds and determines that the Engineer for the City h?s examined, measured and caused to be tested in the, manner provided by said contract, plans and specifications, the work done and improvement accomplished on the hereinafter designated separate segregated section, pursuant to the October ~5, 1948 cont.ract 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 con- tract, and of the plans and specifications constituting a part thereof; and that said Engineer has so certified to the City Commission that s~ch work and improvements have been so constructed 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: SF.C'PTON NO. II. South one-half of BYRON STREET abutting Lot 6, , Block 10, Collegeview F1.rst Addition, have been performed, constructed and, completed by said contractor in full compliance with the terms and provisions of said October 25, 1948, contract and the plans and specifications constituting 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 University Place, Texas. o 1"-'). Q. . Ci 1t...3' Section 2. The City Commission, having examined final estiniate pre- pared and presented by the Engineer for the City, with reference to the com- I pletion of said improvements, ' and the sums due contractor under said contract, here and now approves and adopts, said final estimate as so prepared and pre- ~ sented by the Engineer for the City; and hereby authorizes and directs the Mayor and City Treasurer to make final settlement with said contractor in accQrdance 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. 429, passed and approved November 19,: 1948, to evidence the respectiveassessments.arid liens levied against the property abutting upon the above nained street within the above designated segregated Section No. 4, 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 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 constituting a part of the assessment certificate shall be executed with signatures or fac- s.imile signatures of the Mayor and, City Secretary. The above men,tioned certificates shall be delivered to the contractor upon final settlement be- tween 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 no wise 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 said Section No~ 4 shall date from the date hereof. Section ~. The fact that all improvements have been completed on that portion pf the street constituting the separate segregated section here- inabove described in full accordance with the above mentioned contract, and the contractor is entitled to final settlement of said contract ~s to said segregated se~tion, thereof, creates a public emergency, and, therefore, ~his Ordinance shall be passed finally on the date of its introduction this 14th day of February, A. D. 1949, and shall take etfectimmediately upon its passage and approval by the Mayor. ' PASSED this 14t~ day of February, A. D. 1949. , CO~~~ISSIONERS Buschardt, .Hamlett, Terry and Mayer Lanmon voting aye. NONE - voting no. ATTEST: i ~~~