HomeMy WebLinkAboutORD 588 - ORD Finding & Determining Improvment of 4100 Block Street of Marlowe
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QRDINANCE NO. 58,8
AN ORDINANCE FINDING AND DETERMINING THAT 'THE IMPROVEMENT
OF: '
MARLOWE S'IREET, in the 4100 Blockthereofj
in the City of West Univ.ersity,Pla--ce,Te'xas,
AS PROVIDED IN THE NEGOTIATED C ONTRAC T BEIWEEN THE OWNERS OF
PROPERTY ON SAID PORTION" OF SAID STREET AND MI:SCHER-HARRISCO., ,
INC., AS CONTRACTOR HAS BEEN COMPLETED IN ACCORDAN'CEWITH SAID
C:ONTRACTAND PLANS AND SPECIFICATIONS HERETOFORE APPROVED BY ,
THE CITY OF WEST UNIVERSITY PLACE, TEXAS; RATIFYING AND AGAIN
APPROVING THE PRIOR AGREEMENT BY THE CITY, TO .;PAYCERTAIN
PORTIONS OF ,THE COST OF SAID IMPR0VEMEN,TSONTWO SEPARATE
PORTIONS OF SAID JOB; APPROVING THE'CITY:ENGTNEElR'S FINAL EST 1-
MATE AS TO SAID PORTIONS OF ,SAID COST'TO BE 'BORNE BY THE CITY
AND AUTHORIZING AND DIRECTING SETTLEMENT: WITH, AND PAYMENT TO,
THE CONTIlACTOR, IN ACCORD'ANCE THEREWITH, AND DECLARING AN
EMERGENOY. ... ',J'
WHEREAS, the o-wnersofproperty li,n the'tIOO Block of Marlowe Street,
in the City of West 'University Plac'e, Te'xas, have heretof.OI'e negotiated a
contr-act for the permanent improvementthereof'ina''Ccordance with plans and
specifications approved by the City Commission, and said improvements have now
been completed under.thedirectlon' and supervis'1bri of the, City Engineer who
has ce~tified 'such fact to theCi ty Commissionfarid
WHERF..AS, the total cost of the construction of said improvements
was, and is, to be borne by the property owner~with the exception that:
in view of . the very drregtl.lar and elongated shape of 'L'otl, Block 18, Colonial
Terrace Addition, in said City, the City Comm:Lssion'has heretofore agreed to
pay one-half (1/2) of the cost of. constI'ucting the improvements in the street
abutting said property; and the further exception thB:t .the City has hereto-
fore agreed to pay the total cost of the partial'intersecition' on the North
Side of MarloweiStreet'arid of said ,Marlowe Street and Richmond' Road; , and
said total costs toJthe City have heretofore been'de-rermined andccertified by
the City Engineer to theCityCommissioI1; , , .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; .
Section I. The City Commission hereby find~ and determines that
the City Engineer has examined, measured and tested the ;work--;done ,and improve-
ments accomplished on the 4100 Block of Marlowe Street pursuant to the
contracts heretofore, negotiated between said property owners and Mischer-
Harris Co. ,.Inc., as contractof, and has found and determined that such work
and improvementshayebeen~.done, constructed and fully completed in full
compliance with plans and specifications heretofQre appr,oved by the City
Commission; and the City Engineer has so certified tdthe City 'Commission
that such work and improvements have been so constructed and has recommended
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the acceptance thereof;' and the City Commission of the City of West
University Place, Texas, does . hereby fInd arid'determine that the work and
improvement of Marlowe Street in the 4100 Block thereof, has been performed,
constructed and completed by said Contractor in full compliance wi th said
negotiated contracts and said plans and specifications, and does here and
now accept such work and improvements on behalf of and as the act of the
City of West Univ.:ersity ,Place, Te.xas. '
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Section 2. In accordance wi thi ts prior agreement therefor, the
City Commission does hereby ratify and approve its'saidcprior agreement, and
does hereby again agree to pay those certain portions of the .Qosts of such
improvements' on the following separate portions of.the work to-wi t~
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1. -One-half (1/2) of the cost of paving said portion
of said street abutting Lot 1- in Block 18 of
Colonial Terrace' Addition to the, City of West
University Place~ Texas, for which the-City has
agreed and does agree to pay the sum of $472.14
2. The cost of paving and. improving the partial
intersection, on the North side of Marlowe
Street, of said Marlo-w:e, Street :and Richmond,
Road, :f9r which t~e City {has, ,:agreed . and does
agree to, pay the sum of $l97.12
Section 3. The City Engineer having, certifi,ed to the City I I
Commission the above mentioned sums' as the-Gi ty' s agreed portions' of the I~:
cost, the City Commission here and now approves and'adopts said final U
'estimat,e of the 'City's portions of the costs as :so .prepared and presented
by the City Engineer and hereby 'authorizes and directs the Mayor, and City
, Treasurer to make final settlement with said Contractor, Mischer-Harr:ts Co.,
,l'nc., in'accordance therewi th.-
Section 4. The fact that the improvements have been completed on
said portion of Marlowe Street, in full accordance with ,the plans and
specifications and the Contractor is entitled, to final settlement from the
City to the extent hereinabove mentiqned, creates;a public emergency, and
therefore, this Ordinance shall be .passed finally on the date of itsintro-
duction this the 24th day of September, A. D. 1951, and shall take effect
immediately upon its passage and approval by the Mijyor.
ATTEST:
PASSED this 24th day of September, A. D. 1951.
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APPROVED this 24th day of Septembe:r:, '1951.
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... ~~y of West
Universi ty Place, Texas
City SecretarY
-^((ROVED:
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-- City Attorney \.
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