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HomeMy WebLinkAboutORD 449 - ORD Finding & Dertermining Improvement of Marquette, Villanova & Southwestern .J!IlliIIl!I" I. ___ ;...~ ....1 . ___::- T _--::.:';[. .._-;~L.__-;:Z ~ 1"'''-''0': t~") , ORDINANCE NO. hU9 ~ ' " /' AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT, OF CERTAIN PORTIONS, OF MARQUETTE, VILLANOVA AND SOUTffvVESTERN STREETS, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES AND IN THE SEPl'EMBER 20., 1948, CONTRACT WITH BROGAN & WILLIANlS, CrnTRACTQR, AND COMPRISING'SEGREGATED SECTIONS NOS. +, 9 AND 10, AS THEREIN SET FORTH, HAS BEEN COMPLETED IN ACCORDAN CE WITH SAID CONTRACT AND ORDINANCES; ACPEPTING THE WORK AND IMPROVEMENTS ON SAlP SEGREGATED SECTIONS; APPROVING THE ENGI- NEER I S FINAL ESTIMATE AND AU':j?HORIZING AND DIRECTING SETTLEMENT IN ACCORDANCE THEREWITH AND AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES AND DECLA..'R.ING AN EMERGENCY. WHEREAS, ,pursuant to its Ordiilance No. )94, passed and approved Aug~st 23, 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 cont'ractwhich, with amendments and ad~ denda thereto, is dated September 20, 1948,:with Brogan &' Williams, ,contractor, for the construction of certain " improvements "thereon ; and o WHEREAS, said contractor has now constructed the. improvements under said contract and has completed the,work on the segregated Sections Nos. 1, 9 and 10, mentioned,in the caption ,hereofahdhereinafter set forth, and the Engineer, for the City has made his report and certification with reference to the completion of said work. and has now presented his final estimate in con- :0:, nection therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:: 'i! Section 1. The City Commission hereby finds and dete:;,nines 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 imp~ovements accomplished on the hereinafter designated separate segregated sections, pursuant to the September 20, 1948 contract and amendments and addenda thereto, between the City and Brogan & Williams, contractor, and which improv.eWents were constructed under the direction, supervision and examination by said Engineer, arid 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 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 r~commended to the City Commission that such work and improvements be ac~ cepted; and the City Commission of the City of West University Place, Texas, does hereby find and determine that the work and improvement of; SECTIQN NO. 1. South one-half of MARQUETTE STREET (in the 3900. block thereof) from the East line of Lot 8 to the West line of Lot 7, all in Block 4" Collegeview First 'Addition; and , , SECTION NO.9. North one-half of SOUTHWESTERN STREET (in, the 4100 o l<l 1. block thereof) from the East_line of Lot 91 to the West ~I line of Lot 91 in Fairhaven Addition; and ~ SECTION NO. 10. South one-half of TENNYSON STREET (in the 3900 block thereof) from the East line of Lot 7 to the West line of Lot 7, Block 13, Collegeview Third Addition; have been performed, constructed and completed by said contractor in full qompltance 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 University Place, Texas. Section 2. The City Commission, having exam:j.ned and final estimate prepared and presented by the Engineer for the City, with reference to the completion of said impr,ovemerits and the sums due cnntractor under said con- tra~t, 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. 411, passed and approvedOctobe~_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. 1, 9 and 10, and against the true owner or owners thereof; provided, however, that, as provided in the amendments and addenda to said September 20, 1948 contract, and pursuant to the agreements therein contained, the Certificate of Special Assessment issued as to said Section No. 1 be credited to a net total indebtedness of $660.00. 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 cer- tificate shall be executed wi th signatur~s or facsimile 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 no vdse 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 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 14th day of February, A. D. 1949, and shall take effect immediately upon its 0' . -.::rr:: I ~ -----. . .~ -- r'~._ ,_,._.:..r [32: passage and approval by ,the Mayor. PASSED this 14th day of February, A. D. 1949. :.":.._ ._"1: J COMllISSIONERS Buschardt, Hamlett, Terry and Mayor Lanmon voting aye. NONE - voting no~ ; APPROVED this 14th day of February, A. .D. 1949. ATTEST: ~ A.' " --'?~' . -- ,'--:~~~ Ci" cret ry , .... . -.- or " ~I LJ 'I I~