HomeMy WebLinkAboutORD 454 - ORD Finding & Determining Improvement of Milton Street & Rice Blvd
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ORDINANCE NO. 454
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AN ORDINANCE FINDING' AND DETERMINING THAT THE IMPROVEMENT OF
CERTAIN PORTIONS OF MILTON STREET AND RICE BOULEVARD, IN THE
CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER
ORDINANCES MID IN THE NOVEMBER 22, 1948, CONTRACT WITH BROGAN &
WILLIAMS, CONTRACTOR, AND COMPRISING SEGREGATED SECTIONS NOS. 1
AND 2, AS THEREIN SET FORTH i HAS BEEN COMPLETED. IN ACCORDANCE
WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IM-
PROVEMENTS ON SAID SEGREGATED SECTIONS; APPROVING THE ENGINEER I S
FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SET}.lLEMENT IN AC-
CORDANCE THEREWITH AND AUTHORIZING AND DIRECTING THE ISSUANCE AND
DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES Arm DECLARING AN:
EMERGENCY.
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WHEREAS, purSUailt to its, Ordinance No. 423, passed and approved
October 25, 1948, declaring the necessity for and ,ordering the permanent
improvement of portions of Milton Street and Rice Boulevard, in the City of
West Uni versi ty Place, Texas, and pursuant to subsequent ordinances and
proceedings, the City of Wes>t University Place, Te~as, made and entered in.to,
a contract which is dated November 22, 1948, with Brogan & Williams; contractor,
for the construction of certain improvements thereon; and
WHEREAS, said contractor has now constructed the improvements under
said contract and has completed the work on the segregated Sections Nos. 1 and
2 mentioned in the caption hereof and hereinafter 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, THEREl!'ORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Sec~ion 1. The Cit.1 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 segregated
sections, pursuant to the November 22, 1948 contract between the City and
Br~gan & 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 such work and
improvements have been so constructed and has recommended to the Cit,y 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 thattne work
and improvement of:
SECTION ,NO.1: MILTpN STREET from the West line of Auden Street to
.' \,.... ,: ,<, ! ','" j' the East line of College Street; and
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SECTION NO.2: RICE :BOULEVARD froin the East liIleof College Street
~o the East line of Weslayan,Street;
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have been performed, constructed and completed by said contractor in full
compliance with the terms and provisions of said November 22, 1948 contract
and the plans and specifications constituting part thereof, and said City
Commission do~s here and now accept such work and improvements on behalf of,
and as the act of the City of West Uni versi ty Place, Texas.
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"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 ~ut~orized and
-directed to issue to said contractor, Certificates of Special Assessment as
provided in Ordinance No. 436, passed and approved December 17;' 1948, to
evidence the assessments and liens levied against the property abutting upon
the above named streets within the above designated segregated Sections Nos. 1
and 2, and against ,the true owne~ or owners thereof. That the Mayor and City
Secretary are hereby authorized and directed to execut~ said Special Assessment
Certificates in their official c~pacities in the name of said City, and the
City Secretary isodirected to impress thereon the seal of the City; arid the,
respective annual installment coupons attached to and constituting a part of the
Assessment Certificates shall be executed with signatures or facsimile sig-
natures of the Mayor land City Secretary. The above mentioned certificates
shall be delivered to the contractor upon final settlement between the City
and contractor as above 'provided.
Section 11. 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 con-
tractor's responsibility under the one-year maintenance guarantee bond' for each
of said respective sections shall date from the date hereof~
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Section ~. 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 aQove mentioned contract,
and the contractor is entitled to final settlement of'said contract as to
said segregated sec~ionsthereof, creates a public emergency, ,and, therefore:
this Ordinance 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, Holman, Terry and Mayor Lanmon voting ~
Commissioners - none voting no. .
APPROVED this 14th day of March, A. D. 1949.
ATTEST:
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