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HomeMy WebLinkAboutORD 516 - ORD Finding & determining Improvements of Leghih& Darthmouth Streets ] \. -' I 31 ORDINANCE NO. S'16 AN ORDINANCE FINDING AND DETERMINING THAT IMPROVEMENTS OF THOSE PORTIONS OF LEHIGH AND DARTMOUTH STREETS IN THE CITY OF WEST UNIVERSITYPU.CE, TEXAS, CONSTITUTING SEGREGATED SECTIONS NO.2-A, 3-A AND 3, AS PROVIDED IN EARLIER ORDI- NANCES AND IN THE JANUARY 23, 1950 -CONTRACT WITH J. L. WILLIAMS CONSTRUCTION CO., INC., CONTRACTOR, HAVE BEEN COM- PLErED IN ACCORDANCE WITH SAID CONTRACT AND ORDINANCE: AC-: CEPTING THE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTIONS: APPROVING THE ENGINEER'S FINAL ESTIMATE AND AUTHORIZE AND DIRECTING SETTLEMENT IN ACCORDANCE 'rHEREWITH, AND AUTHORIZING AND DIRECTING THE ISSUANCE AND DELIVERY OF SPECIAL ASSESS- MENT CERTIFICATES AND DECLARING AN EMERGENCY. WHEREAS, pursuant to its Ordinance No. 456, passed and approved April II, 1949 and No. 489, passed and approved November 14, 1949, deter- mining the necessity for and ordering the permanent improvements of portions of the 4100 Blocks of each Lehigh and Dartmouth Streets, among other blocks, and pursuant to subsequent ordinances and pro.ceedings, the City of West University Place, Texas, made and entered into the contract dated January 23, 1950 with J. L. Williams Construction Co. , Inc., Contractor, f,or the construction of certain improvements on the several segregated sections as therein and in said prior ordinances set forth; . WHEREAS, said Contractor has, now constructed the improvements under said contract and has completed the work on the segregated Sections No. 2..;..A, 3-A and 3 mentioned in the caption hereof and hereinafter set forth", and the Engineer for the City of West University Place, Texas has made his report and certification With reference to the completion of said work on said segregated sections and has now presented his final estimate in connection therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PIA CE, TEX..\S: " 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 accomplished on the hereinafter'desig- nated separate segregated sections; pursuant ;to the January .,23, 1950 contract between theCityandJ. L. Williams Construction Co., Inc., Contractor, and which improvements were constructed under the direction, supervision and examination ,by said Engineer, and has found and deter- mined that such work and improvements have been done, constructed and , fully. completed in full compliance with 'the terms and provisions of said contract and of the plans and specifications constituting part thereof; and that sa~d Engineer has so certified to the City Commission that such work and improvements have been so constructed arid has recommended to the City Commission that such work and improvements be accepted; and the City Commission of the City of West University Plac~, Texas does hereby find and determine that the work and improvements of: IIi 111" I I ~ 38, Section No. 2-A - The North one-half of Lehigh Street (in the 4100 Block thereof) from the East line of Lot 14 to the West line of Lot 15 in Block 20, College Court. Place Addition. Section No. 3-A -,The South one-half of Dartmouth Street (in I the 4100 Block thereof) from the East line of Lot 8 to the West line of Lot 7 in Block 19, College Court Place Addition. o Section No.3 - The South one-half of Lehigh Street (in the 4100 Block thereof) from the East line of Lot 2 to the West line of Lot 2 in Block 21, College Court Place Addition. have been performed, constructed and completed by said contractor in'" full compliance with the terms and provisions of said January 23, 1950 contract, and the plans and specifications constituting a part .thereof, and said City Commission does here and now accept such work and improve- ments on behalf of and as the act of the City of West University Place, Texas. Section ? The City Commission having examined the final esti- mate prepared and presented by the Engineer for the City with reference to'the completion of. said improvements, and the sums due Contractor under said~:contract, here. and now approves and adopts said final estimate as 0 so prepared and as presented by the Engineer for the City; and hereby authorizes and directs the Mayor and City Treasurer to make final settle- ment with said Contractor in accordance ,~th said final estimate. 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. 504, passed and approved February 10, 1950, to evidence the respective assessments and l~ens levied against the several properties abutting upon the above named streets and lying within the above designated segregated sections No. .2-A, 3-A and 3, and against the true owner or owners thereof respectively. That the Mayor and Oity Secretary are hereby authorized and directed to execute said Special Assessment Certificates in their official capacities in the name of the 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 exe- cuted with the signatures or facsimile signatures of the Mayor and City Secretary. The above mentioned Certificates 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 the 0 Contractor or its surety from ,the terms and provisions of its performance bonds; and Contractor's responsibility under the one year's maintenance 39 ~ ! guarantee provision for said Sections No.2-A, 3-A and 3 shall date from the date hereof. Section 5. The fact that all improvements have been completed on those portions ,of said streets constituting the separate segregated sections herein above described in full accordance with the above men- tioned contract, and the 'contractor is entitled to final settlement of , said contract as to segregated sections thereto creates a public emergency and therefor this ordinance shall be passed finally on the date of its introduction this the 15th day of May A.D., 1950, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 15th day of May A.D.,1950. COMMISSIONERS Buschardt, Hamlett, Holman, TerIJT and Mayor Lanmon voting aye. NONE - voting no. -' ATTEST: ~.~ --city.Se e r . . .. p . rr r. --:~__::-r ::r~-:r".-::--:-:~.j ".-.~-:~ _ _ _ __ .:._ ( -. --, _ . 1:~.. '-- 'i!"I'Vlljil.lIl