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Home My WebLink AboutORD 513 - ORD Finding & Determing Improvments for 4100 Block Byron and Case Street IIfIII !! .1. L...I_ J. __. oJ,,,.- 1 " 3Q ORDINANCE NO. 513 ;',,,,.;-. .."":,'. AN ORDINANCE FINDING AND DErERMINING THAT THE IMPRO~"OF CERTAIN PORTIONS OF: '- ,~':;- ' ,'~~:~':~ , il U 4100 BLOCK OF BYRON STREET; 4100 BLOCK OF CASE STREEr, AND WEST POINT STREET FROM THE SOUTH PROPERTY LINE OF CASE STREET TO THE NORTH PROPERTY LINE OF BYRON STREET, ~. AND LYING BETWEEN THE RESPECTIVE INTERSECTING STREETS' IN EACH INSTANCE, ~~ ;-; .:;' IN THE CITY OF WEST UNIVERSITY PLA.C~, TEXAS, AS, PROVIDEn'~iN EARLIER ORDINANCES AND IN THE JULY II, 1949 'CONTRACT WIT,H RUSS MITCHELL, INC.., CONTRACTOR, AS AMENDED, HAS BEEN CO~;; PLETED IN ACCORDANCE WITH SAID CONTRACT, AMENDMENTS AND", ' ORDINANCES; ACCEPTING THE WORK AND IMPROVEMENTS CONSTRUCTED ON PORTIONS OF SAID STREErS; APPROVING THE ENGINEER'S FI~L ESTIMATE AND AUTHORIZING AND DIRECTING SETTLEMENT IN AC-;' CORDUJCE THEREWITH AND AUTHORIZING AND DIRECTING THE ISSUANCE , AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATES AND DECLARING AN EMERGENCY. WHEREAS, having theretofore determined the necessity for,.and ordered the improvement of, portions of certain streets in the City.,of ' West University Place, Texas, and, pursuant to advertisement theref~r, , having received and examined sealed bids, and pursuant to report aria recom- mendation of the Engineer for the City and appropriation to cover t.he estimated cost to the City of such improvements, all as provided bY-the charter of said City and by law, and in full compliance therewithjthe City Commission of the City of West University Place, Texas, did by Ordi- nance No. 478, duly and regularly passed and approved July II, 1949; a- ward a contract for the construction of said improvements on portions of Byron, Case and West Point Streets to Russ Mitchell, Inc. on its ldwest" secure bid; and did thereafter and by its Ordinance ij'o. 493, duly irid regularly passed January 23, 1950, authorize and make certai~ addenda and amendments to said contract, all of which have been heretofore fully executed, and '\ I . , t U WHEREAS, the City Commission of the City of West Univers::L\ty Place, Texas, has heretofore; by Ordinance No. 494, duly and regularly passed and approved January 23, 1950, again determined the necessiti. for and ordered the improvement of portions of certain streets in the City of West University Place, Texas, in accordance with pla:qs an~f!P~ci~ie.a,;t-ions prepared,._by the Engineer ,:for theCi:ty, and aPJ?~oveQ. l?Y. t,he City C9inW~ssion in said ordinance, by the . construction upon said portions of saids.:'t;reets of a reinforced concrete pavement'with monolithic curbs,and apprirtehances and incidentals to such improvements, all as more speciflcallyshQ~ by said plans and specifications; and portions of which improvements ~ere - divided and segregated into separate and segregated sections as therein and hereinafter set forth; and , . :1 u ," ~..n ; ". l I j i i I --..J, .;!.' "!,: J~,.',~" I .. .'- -. .,' f "..,,;3,1. ....-,.. r,'~ ''': :~. .~.~.,",,~,,:,~/, '.1.-;. I:.~ .,.r. ~ WHEREAS, said contractor has now constructed all of the im- provements under saiq, contract~ as amended, and has completed the work on each of the segregated sections hereinafter set forth, and the Engi- neer for the City has made his report and certification with reference to the completionof'~aid work and has now presented his final esti- mate.in connection therewith; NOW; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY SF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission hereby f1.nds and determines that, as pro~ded by said contract, plans and specifications, the Engi- neer for the City has examined, measured and satisfactorily'tested the work done and improvements accomplished on all those portions of Byron, Case and West Point Streets whereon work was to be performed, including the hereinafter designated separate segregated sections, pursuant to the July 11, 19L.9 contract and January, 23, 1950 amendments and addenda thereto between the City and Russ. Mitchell, Inc., Contractor, and which improve~ ments were constructed under the direction, supervision and examination by said Engineer, and has found" arid determined that such work andim- provements have been done, constructed and fully completed in full com- pliance with the terms and provisions of said contract, as amended, and of the plans and specifications constituting a part thereof; and that said Engineer has so certified to the City Co~ission that such work and improvements have been so constructed and has recommended 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 the improvement of all those portions of the 4100 Blocks of Byron and Case Streets, and West Point Street between said Byron and Case Streets, including the work and im- provement of those six certain segregated, portions or sections of Byron and Case Streets set forth in Section 3 of said Ordinance No. 494, and on which assessments have been heretofore levied by the hereinafter mentioned Ordinance No.' 503, to-wit: Section I: South one-half of BYRON STREET abutting Lot 26 in Block 28, Colonial Terrace Addition; Section 2: South one-half of BYRON STREET abutting the East 25 feet of Lot 24 and the West 35 feet of Lot 23 in Block 28, Colonial Terrace Addition; Section 3: South one-half of Byron Street abutting Lot 21 in Block 28, Colonial Terrace Addition; .~ Section 4: North one-half of CASE STREET abutting the Downing property, conveyed by deed in Vol. 1735, page 493, of the Deed Records of Harris County, Texas, as Lot 6, and occupied as the East 35 feet of Lot 6 and the West,15 feet of Lot'?, all in Block 26, Colonial Terrace Addition; . Section 5: . North one-half of CASE STREET abutting the East 35 feet of Lot 9, all of lot 10 and the west 10 feet of Lot 11, all in Block 26, Colonial ,J; . nrr' : ul J LI_L 1..._: 1 3t'1\ .t.J , -'. . <l'.' [~; . ~,' ,.: . Terrace Addition; (I lJ Section 6: South .one-half of CASE STREEr abutting Lot 14" Block 27, Colonial Terr~ce Add~tion; have been performed, constructed and completed by said Contract in full compliance with the terms and provisions of said July ll, 1949 contract, and amendments and addenda thereto, and the plans and specifications con- stituting parts 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 examined the final estimate prepared and prese~ted by the Engineer for the City with refer- ence to the completion of said improvements and the sums due Contractor under said contract (except as to sums payable to Contractor under private contracts negotiated by various property owners covering their pro-rata of the cost), 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, and to pay for the extra work heretofore authorized and covered by separate invoices to the City approved by said Engineer. Section 3. The Mayor and City Secretary are hereby authorized and directed to issue to said Contractor, Certificates of Special Assess- ment as provided in Ordinance No. 494 and in the Assessment Ordinance No. 503, passed and approved February IO, 1950, to evidence the respective assessments and liens levied against the properties abutting upon Byron and Case Streets, within the above designated six sections, and against the true owner or owners thereof. That the Mayor and City Secretary are hereby authorized and directed to execute said special assessm~ntcertifi- cates 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 re- spective 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 certifi- cates 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 nowise release Con- tractor and its surety from the terms and provisions of its bonds, but same shall remain in full force and effect with the one year maintenance guarantee period therein provided dating from the date hereof. I~ ; I U Section 5. The fact that all improvements have been completed on those portions of the streets hereinabove referred to and described, in full accordance with the above mentioned contract, and the Contractor is entitled to final settlement of said contract creates a public emergency, and therefore, this Ordinance shall be passed finally on the date of its ~) introduction this 24th day of April, A. D. 1950, and shall take effect im- : I mediately upon its passage and approval by the Mayor. ~ J I J I I .........J ATTEST: 33 PASSED this 24th day of April, A. D. 1950. COMMISSIONERS Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye. COMMIsSIONERS - None voting no. APPROVED this 24th day of April, A.D. 1950. ..~~ My Secret " ',' -':,' <~ .:.::.~:::..::._:: r: ::::=-:-J _ ;:::~::e::.:-:::r-:::.:::::J.: ':':::-~J _:___~___[. - ~- 1 .) ji Ii liLill