HomeMy WebLinkAboutORD 589 - ORD Finding & Detremiming Improvment on the South Line of Academy Street
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ORDINANCE NO. 58~,
AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT
OF:
ACADEMY STREET from the South lirie" of
Southwestern Street to the North end .of
the existing pavement ata pointapproxi-
mately 120 feet North of the North line of
Cason Street,
IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS,' AS PROVIDED IN
EARLIER ORDINANCES AND IN THE APRIL '30, 1951, CONTRACT VIITH
MISCHm-HARRIS CO. ,INC.. CONTRACTOR, HAS BEEN COMPLETED IN
ACCORDANCE WIlli SAID CONTRACT AND ORDINAl'CFS; ACCEPTING THE
WORK AND IMPROVEMENTS ON SAID' POR TION OF SAID,S'mEET;
APPROVING THE ENGlNEER'SF!NAL ESTIMATE AND AUTHORIZING AND
DIRECTING SETTLEMENT IN ACCORDANCETHEREVUTH AND AUTHORIZING
AND DIRECTING THE ISSUANCE ANDTIELIVERY OF SPECIAL ASSESSMENT
CERTIFICATES AND DEX::LARING AN EMERGENCY.
WHEREAS, pursuant to its Ordinance No. 557, passed and approved
March 26, 1951, declaring the necessity for and ordering the permanent
improvement of a portion of Academy 'Street in 'the City of West University
Place, Texas, and pursuant to' subsequent ordinances and proceedings, the City
of West Unive.rsityPlace, Texas, made and entered into, a contract dated
April 30,19S1,with Mischer.,..Harris Co., Ir'lc., Contractor, for the construction
of eertain improvem~nts on a portion of said street;"; al.ld
WHEREAS, said contractor has now constructed improvements under said
contract and has completed the, work on said portion of said street, set forth
in the caption hereof, and hereinafter described, and the City Engineer has
made his report and certification with reference to the completion of said
work and has now presented his final estimate in connection ,therewith:
NOlf, THEREFORE, BE IT ORDAINED BY THEfCITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. The City Comniission hereby finds and determines that the,
City Engineer has examined, measuredcaridcau~edtobe tested in t-he'manner
provided by said contract,plansar'ld specifications, the. work done'and improve-
mentsdaccomplished on the hereinafter 'designated portion of Academy Street,
pursuant to the April 30, 1951, contract between the City and Mischer-Harris
Co., Inc., Contractor, and which improvements were constructed under the
direc tion, 'supervis ion and' examinatioIiby' said Engineer , and 'has' '. founa and
determined that such work and improvements have been done , constructed and
fully completed in full' compliance with the terms <;1ndprovisions of said
contract, and of the, plans and specifications constituting a part thereof; and
that said Engineer has so certified to the City Commission that such work and
improvements havebeenoso,constructed and has recommended to the City Commission
that such work and improvements be accepted; , and-the City Commission of the
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City of West University Place, Tex~s, does hereby find and determine that
the work and improvement of
, ,
. ACADEMY STREET from the South line of
Southwestern Street to the North end of
the existing pavement at a point approxi-
mately 120 feet North of the Nor.th line, of
Cason Street,
lJ
has been performed, constructed and completed by said Contractor in full
compliance with the terms and provisions of April 30, 1951, contract, and
the plans and specifi9ations constituting 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 presented by the City Engineer, with reference to the completion
of said improvements and the sums due Contractor under"said contract, here
and now apprpves and'adopts said final estimate as so prepared and presented
by the City Engineer; an~ hereby authorizes and directs the Mayor and City
Treasurer to make final settlement with said Contractor in accordance with
said final estimate.
Section 3. The Mayor and City Secretary are hereby authorized and
directed to issue to said contractor, Certificates of Special Assessment as
provided in Ordinance No. 569, passed and approved May 18, '1951,to'evidence ~IJ
the respective assessments and liens ,levied against the properties abutting
upon Academy Street, Within the above desIgnated limits, 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'signatU:res'op,:t~csi-mi-J.e 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 h. The acceptance 'of . the work and fitlB.lsettlement with the
Contractor, as herein provided, shall in nowise ~eleaseContractorand 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.
Section!) .' The fact'that all'improvements have 'been completed on.
that portion of the street 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 therefore, this'Ordinance shall'be passed finally on the date
of its introduction this 2hth day of September, A. D. 1951, and shall take
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effect immediately upon its passage and approval by the Mayor.
PASSED this 24th day of September, A. D. 1951.
COMMISSIONERS
Hangs. Moonevand Nisbet
COMMISSIONERS
and' Mayor Terry,
None
voting aye.
vo ting no.
APPROVED this 24th day of ,September, A. D. 1951. .
ATTEST:
:City'Secretary
APPROVED:
Q2A..~l~,J.~ _LA
, .' City' Attorney ·
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