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HomeMy WebLinkAboutORD 520 - ORD Finding & Determining Improvments of Swarthmore Street nrm-II i IhI 1" I. I..:.:. [..,L...l 46 ORDINANCE NO. 520 AN ORDINANCE FINDING AND DETERMINING THAT IMPROVEMENTS OF THAT PORTION OF SWARTHMORE STREEr IN THE CITY OF WEST UNI-. VERSITY PLACE, TEXAS, CONSTITUTING SEGREGATED SECTION NO. 6, AS PROVIDED IN EARLIER ORDINANCES AND IN THE JANUARY 23, 195o, CONTRACT WITH J. L. WILLIAMS CONSTRUCTION CO., INC., CONTRACTOR , HAVE BEEN COMPLETED IN ACCORDAl'JCE WITH SAID CONTRACT AND ORDINANCES; ACCEPTING THE WORK AND IMPROVEMENTS ON SAID SEGREGATED SECTION; APPROVING THE ENGINEER'S FINAL ESTIMATE AND AUTHORIZING' AND DIRECTING SETTLEMENT IN AC- CORDANCE THEREWITH, AND AUTHORIZING AND DIRECTING THE IS- SUANCE AND DELIVERY OF SPECIAL ASSESSMENT CERTIFICATE AND DECLARING AN EMERGENCY. II U VffiEREAS, pursuant to its ordinance No. 489, passed and ap- proved November 14, 1949, determining the necessity. for and ordering the permanent improvement of portions of , the 3800 block of Swarthmore Street, among other streets and blocks~ and pursuant to subsequent ordi- nances and proceedings 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, for the construction of certain im- provements 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 Section No.6 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 section and has now presented his final estimate in connection therewith; NOW, THEREFORE, I . I~! . , U BE IT ORDAINED BY THE CITY C01~([SSION OF THE CITY OF ~~T 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 th~ manner provided by said contract plans and specifications, the work done and improvements accomplished on the hereinafter designated separate segregated section, pursuant to the January 23, 1950 contract between the City and J. L. Williams Construction Co., Inc., 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 contract and of the plans and specifications constituting part'thereof;- and that said Engi- neer has so certified to the City Commission that such work and improve- ments 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 improvements of: Section No.6: The North one-half of SWARTHMORE STREET I' ! I LJ 4'1- J (in the 3800 block thereof) from the East line of Lot 12 to the West line line of Lot 12 in Block 15, Collegeview First 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 ~heplans and specifications constituting a part thereof, and':saidCity COnurO.ssiondoes'here and now accept such work and im- provements on behalf ~f and as'the act of the City of West University Place, T~xas. Section 2. The City Commission having examined the final estimate prepared and presented by the Engineer for the City with refer- ence to the completion of said improvements, and the sums due Contractor under said coptract,here and now approves and adopts said final estimate as 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 with said final estimate. -I I Section 3. The Mayor and City Secretary are hereby authorized and directed to issue to said Contractor, Certificate of Special Assess- ment as provided in Ordinance No. 504, passed and approved February 10, 1950, to evidence the assessment and lien levied against the properties abutting upon the above named street and lying within the above desig- nated segregated section No. 6 and against the true mvner or owners thereof. That the Mayor and City Secretary are hereby authorized and directed to execute said Special Assessment Certificate in their official capacities in the name of the City, and the City Secretary is directed to impress thereon the seal of the City; a~d the respective annual in- stallment coupons attached to and constituting a part of the Assessment Certificate shall be executed with the signatures or facsimile signatures of the Mayor and City Secretary. The above mentioned certificate 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 novlise release the Contractor or its surety from the terms and provisions of its performance bonds; and Contractor's responsibility under the one year's maintenance guarantee provision for said Section No.6 shall date from the date hereof. Section 5. The fact that all improvements have been completed on that portion of said 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 con- tract as to said segregated section thereto, creates a public emergenc,y and therefore this ordinance shall be passed finally on the date of its introduction this the 12th day of June, A.D. 1950, and shall take effect immediately upon its passage and approval. by the Mayor. . Jr.!111 !. I... L. 1__,1--:.._.[",1:_ _I 48 PASSED this 12th day of June, A.D. 1950. o COMMISSIONERS Buschardt, Hamlett, Terry and Mayor Lanmon vot ing aye. NONE - voting no. APPROVED this 12th day of June, A. D. 1950. est Texas ATTEST: ~~ ' City: Y :~ tJ