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Home My WebLink AboutORD 455 - ORD Finding & determining Improvment of Judson and South Jusdon Street 149 ORDINANCE NO. 4Si) , AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF CERTAIN PORTIONS OF .1UDSON AND SOUTH JUDSON STREETS, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN EARLIER ORDINANCES' AND IN THE JANUARY 24, 1949 CONTRACT WITH BROGAN & WILLIAMS, CONTRACTOR, AND COMPRISING SEGREGATED SECTIONS NOS. 1, 3, 4 AND 5, AS THEREIN SET FORTH, HAS BEEN COMPLETED IN ACCORDANCE wrTHSAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTIONS; APPROVING THE ENGINEER'S FINAL ESTIMATE A1m AUTHORIZING AND DIRECTING SETTLEMENT IN ACCORDANCETHEREWl:TH; FINDING A1iD DETERMINING THAT IT IS NOT PHACTICAL TO PAVE AND IMPROVE SEGREGATED SECTIONS NOS. 2 AND 6 SET FORTH IN SAID CONTRACT; CANCELING SAID CONTRACT -AS TO SAID SECTIONS NOS. 2 AND 6 WITH THE CON- SENT OF CONTRACTOR; RELEASING THE UNUSED PORTION OF THE $11,500 APPROPRIATED BY ORDINANCE NO. 446; TRANSFERRING SAID UNUSED, FUNDS TO THE GENERAL CREDIT OF THE STREET IMPROVEMENT BOh1DS - SERIES 1948, AND DECLARING SAYlE A. VAILABLE FOR eTHER APPROPRI- ATION, AND DECLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 438, passed and approved "January 4, 1949, declaring the necessity for and ordering the permanent improvement of porti0ns 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 e~tered into, a contract dated January 24, 1949, with.Brogan & Williams, contractor, for the con- struction of certain improvements thereon; and WHEREAS, said contractor,has now constructed the improvements under said contract and has ccmpleted.the work on the segregated Sections Nos. 1,3, 4 and 5 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 completion 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 OF WEST UNI- VERSI TY PLACE,. TEXAS: ' Li SectionL The City Gommission 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 January 24, 1949 contract between the City and Brogan & Williams, contractor, and whi~h improvements were con- structed 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 pro- visions,,?f said contract, and of the plans and specifications constituting a part thereof; ~nd that said Engineer has so certified to the City Com- mission :tha"tI~,suc1i'wb:r-k 'and improvements have been so constructed and has recommended to.the' City Oommission that such work and improvements be ac- ,cepted; and the City Commission of the City of West University Place, Texas, 'does hereby find and determinetha t the, work and improvement. of:, 1...__ ...J.....:..I.I .' Iii .------ '[ 1 '150 SECTION NO.1: South one-half of Judson Street, abutting College Court Park in the 4200 block on said street; l SECTION NO.3: North one-half of South Judson Street, abutting College Court Park in the 4200 block on said street; SECTION NO. 4: Intersection of Judson and South Judson Streets; SECTION No.5: South one-half of intersection of Judson and Simmons Streets; have been 'performed; constructed and completed by said contractor in full compliance with the terms ~ndprovisions of said January 24,1949 contract, and the plans arid specifications constituting part thereof, and said City Commission does here and now accept such work and improvements of said segregated sections on behalf of, and as the act of the C~ty of Nest Uni~ versity'Place, Texas. Section 2. The City Commission, having examined the final estimate prepareq ,and presented by ,the Engineer for the Cit,y, with reference to the completion of said improvements and the sums due contractor under said con~ tract, here and now approves and adopts said fL~al 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'settlementwith said contractor on said segregated sections in accoT1iance with said final estimate. Section 3. 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 each of said respective sections shall date from the date hereof.. I ~J Section 4. The City. Commission further finds that the East one- half of Simmons Street in the 5700 block thereof was included in the January 24, 1949 contract and prior and subsequent proceedings, with the under- standing that the owners of property abutting the West one~half of said portion of said street would cooperate in the paving program; and that the intersection of .South Judson and Simmons S,treets, cons,ti tu ting the Secti on No. 6 of said contract was includeq therein and in said proceedings with the same unders tanding, and with a similar understandmg with reference to the owners of. property on said South Judson Street West of said intersection; that a substantial number of the property owners on said portions of said stree,ts have failed to cooperate in the paving program and have failed and 'refused to make arrangements for the paving of their respective portions~of said streets, with the result that the pavement of said Sections Nos. 2 and 6 under, the above contract at this time would be futile and a wasteful ex- penditure of City funds, and with no practical benefit but contrary 'to the policy and the best interests of the City; and The City Commission of the City of West University Place, Texas, wi th the pri or consent and approval of Brogan & Williams, contractor in said January 24, 1949 contract, does hereby cancel and terminate said con- !I I I_J 15t tract 1vith reference to said Sections Nos. 2 and 6, to-wit: -\ I SECTION NO.2: East one-half of Simmons Street abutting College Court Park in the S700 block on said street; SECTION' No.6:, Intersection of South Judson and Simmons Streets. Section 5. The City C017wission does hereby release and discharge" all those partions of $11,500 heretofore appropriated by Ordinance No. 446 for said January 24, 1949 ccntract and unexpended and unnecessary in con- nection with construction of Sections Nos. 1, 3; 4 and 5 thereunder, from said earlier appropriation; and said unused funds are hereby transferred, to the general credit of the fund to the credit of Street Improvement Bonds Series 1948 in the City Treasury, and are henceforth available for appropri- ation for any other proper purposes,~ ' ~ I Section 6. The fact that. all improvements have been completed on those portions of the stree~s constituting the separate segregated sections hereinabove described as Nos. 1, 3, 4 and 5 in full accordance with the above mentioned contract, arid the c:ontractor is entitled to final settlement of said contract as to said segregated sections thereof; and the fact that ' said January 24, 1949 contract should be canceled ~s to the remaining Se'ctions Nos. 2 and 6; and the funds heretofore appropriated therefor be made available for other proper appropriations creates a public emergency, and, therefore, this ordinance shall be passed finally on the date of its introduction, this 11th day of April, A. D. 1949, and shall take effect im- mediatley upon its passage and approval by the Mayor. ~ PASSED this 11th day of~April, A. D. 1949. COMMISSIONE..'1S Buschardt, Hamlett, Holman and Terry and Mayor Lanmon voting aye. NONE - voting no. APPROVED this 11th day of April, A. D. 1949. ATTEST: ~#tt,.e~ , , , City S tary , ----' II