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HomeMy WebLinkAboutORD 453 - ORD Finding & Determining Improvemnt of Academy Street f4'5 ORDINANCE NO. 453 AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF A 'CERTAIN PORTION OF ACADEMY STREET, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES AND IN THE SEPTEM- BER 20, 1948, CONTRACT WITH BROGAN & WILLIAMS, CONTRACTOR, AND COMPRISING SEGREGATED SECTION NO. 11, AS THEREIN S.ET FORTH, HAS BEEN COMPLETED IN ACCORDANCE WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IMPROVEMENTS Ol~ SAID SEGREGATED SECTION; APPROVING THE ENGINEER I S FINAL ESTIMATE AND AUTHORIZING AND DIRECT- ING SETrLEMENT IN ACCORDANCE THEREWITH AND AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY OF SPECIAL ASSESSMENT, CERTIFICATE AND DECLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 389, passed, ,and approved June 21, 1948, declaring the necessity for and ,ordering the permanent improvement of a portion of Academy Street, in the City of West Univer.sity' Place, Texas, and pursuant,to subsequent ordinances 'and proceedings, the City of West University ,Place,., '1'e:)Cas ,mj:ld,~ and entered ,into a contract which, with ~end- mentsand addenda thereto, is dated September 20,1948, with Brogan & Williams, contractor, for the construction of certain improvements thereon; and . . . WHEREAS, said oontractor has now constructed the improvements under said contract and..ha:9 completed the work on the segregated Section No. 11 men- tioned in the caption hereof and hereinafter set forth, and the Engineer for 'the City has made: his report and certification with reference to the Gompletion 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--bF 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 aqcomplished on the hereinafter designated separate segr-egated section, .pursuant to the September 20, 1948 contract and amendments and addenda/ , thereto, between the City and Brogan & Williams, contractor, and which improve- ments 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 complian~e "Nith the terms and provisions of said contract, and of the plans a~d 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 a.'1d has ~ecommended 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: ~I SECTION NO. 11: The West one~half of Academy Street (in the 6000 block thereof) from the South line of Lot 14, Block 21, Colonial Terrace Addition, to the North line of said Lot 14, have been performed, constructed and completed by said contractor in full compliance with the terms and provisions of said September 20; 1948 contract "'- II IE ;F.JL:'"TII ,. , -~ ~. :1 '46 and amendments and addenda thereto, 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 Univers:ity Place, Texas. . Section 2. The City Commission, hav:i;ng 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 contr~ct, 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 firial settlement with said contractor in accordance with said final estimate. Section I). The fact that all improvements have been completed on that portion of the street constituting the separate segregated section herein- - 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, ther~fore, this Ordi- nance shall be passed finally on the date of its introduction, this 14th day of March, A. D. 1949, and shall take effect immediately upon its passage and approval by the Mayor. . PASSED this 14th day of March, A. D. 1949. Commissioners Hamlett, Hoilman, Terry and Mayor Lanmon voting aye. None - voting no. . APPROVED this 14th day of March, A. D. 1949. \ ATTEST: ~... ~ ~ . Cit cr tary II I I _...J