HomeMy WebLinkAboutORD 464 - ORD Finding & Determining Improvement of University Blvd
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ORDINANCE NO. 464 '
AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF:
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SECTION NO.3: UNIVERSITY BOULF,VARD from the East line
of Weslayan Street to the East line of
, Communi ty Drive,
IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN
EARLIER ORDINANCES AND IN THE OCTOBER 11, 1948 CONTRACT WITH
RUSS MITCHELL, INC., CONTRACTOR, HAS BEEN COMPLETED IN ACCORDANCE
WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IM-
PROVEMENTS ON SAID SEGREGATED SECTION; APPROVING THE ENGINEER'S
FINAL ESTIMATE AND AUTHORIZING AND DffiECTING SET'1'1EMENT IN
ACCORDANCE THEREWITH, AND AUTHORIZING AND DIRECTING THE ISSUANCE
AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES, AND ,DECLARING
AN EMERGENCY.,
WHEREAS, Pw:suci.nt to its Ordinance No. 371, passed and approved
April 20, 1948, declaring the necessity for and ordering the permanent im-
provement of portions of certain streets in the City of West Univ~rsity .
Place, Texas, and pursuant to subsequent ordinances and proceedings, the
Ci ty of West Univers~ty Place, Texas made and entered into a contract
dated October 11, 1948 with Russ Mitchell, Inc., Contractor, for the con-
struction of certain improvements on portions thereof; and
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WHEREAS, said contractOr has now constructed improvements under
said contract and has completed'the work on the segregated section No.3,
set forth iilthe caption hereof, 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 cQnnection therewith;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY.
OF 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 l;ly said contract, plans and specifications, the work
done and improvements accomplished on t..l1e hereinafter designated separate
segregated section, pursuant to the October 11, 1948 contract between the
City and Russ Mitchell, Inc.; Contractor, and which 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-
viSion~/ of said contract, and of the plans and specifications constituting
a part: thereof; am ~J:ia.:t said 'Engineer has so certified to the City Com-
mission that such work and improvements have been so constructed and has
recommended 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:
SECTION NO.3: UNIVERSITY BOULEVARD from the East line of
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Weslayan Street to the ~~t line of Co~unity
Drive,
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have been performed, constructed and completed by said Contractor in,full
compliance with the, terms and provisions of said October 11; 1948 contract,
and the plans and specifications constituting parts thereof, and said City'
Commission does here and now a~ceptsuch work and improvements on behalf of,
and as the act of,ihe City of West University Place, Texas.
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Section 2. The City Commission, having examined the final estimate
prepared and pr~ented 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.
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Section 3. The Mayor and City Secretary are hereby authorized
and directed to issue to said Contractor Certificates of Special Assessment
as proVided iil Ordinance No. 428, passed and approved, November 19, 1948, to
evidencetherespecti va assessnients and liens leVied againSt the prop-
erties"abutting upori'University Boulevard, within the above designated
Section No.3, 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 facsimile' signatures of the Mayor and 'City Secretary. The
above mentioned certif,icates shall be delivered to the Contractor upon final
settlement between the City and Contractor as above pro~ded.
Section 4. The acceptance of the work and final settlement with
the Contractor, as herein provided, shall in nowise release Contractor and
its surety from the terms and provisions of its bonds, but same shall re-
main in :full force and effect with the one year maintenance guarantee period,
therein provided dating from the date hereof, as to said Section No.3.
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Section 5. The fact that all improvements have been completed on
that portion of the street constituting the separate 'segregated section
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.section thereof, creates a public emergency, and tnerefore,
this Ordinance shall be passed finally on the date of its introduction this
23rd day of May, A. D. 19h9, and shall take effect immediately upon its
passage and approval by the Mayor.
PASSED this 23rd day of May, A. D. 19h9.
Commissioners Hamlett, Holman, Terry and Mayor Lanmon voting aye.
None - voting no.
APPROVED this 23rd d~ of May,
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ATTEST:
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egetary
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