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HomeMy WebLinkAboutORD 613 - ORD Improvement of Case Street, Villonova Street, Intersection of College Ave and Villonova Street HIIII ,I Ii. ,. . .,,;'" II.. ..I o ORnTNANm;: NO. hl A AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF (1) CASE STREEr FROM THE EAST LJlilEOF WESLAYAN AVENUE TO THE WEST LJlilE OF COLLEGE ,AVENUE (2) VILLANOVA STREET FROM THE EAST LDlE OF WESLAYAN AVENUE TO THE WEST LINE OF COLLEGE AVENUE, AND (3) THE INTERSECTION OF COLLEGE AVENUE AND VILLANOVA STREET HAS BEEN COMPLETED BY MISCBER-HARRIS COMPANY, INC., IN ACCORDANCE WITH ITS CONTRACT WITH VARIOUS PROPERTY OWNERS ON CASE AND VILLA- NOVA STREET, AND IN ACCORDANCE WITH ITS CONTRACT DATED JANUARY 28, 1952, WITH THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ACCEPTING THE WORK AND IMPROVEME:NTS; APPROVING THE ENGINEER'S FINAL ESTIMATE AND AUTHORIZING AND DIRECTING SETTLEMENT T:BEREWITH 'WrI'H MISCBER- HARRIS COMPANY, INC., AND DECLARING AN EMERGENCY. il --' BE IT ORDAINED BY, THE CITY COMMISSION OF THE CITY ,OF WEST UNIVERSITY PLACE J TEXAS: Sectien 1. The City Cemmissien hereby finds and determines ~hat the City Engineer, J. I. Cernelison, has examined, measured and caused to. be tested in the manner previded fer in the negotiated centract between Mischer- Harris Company" Inc., and the abutti,ng preperty ewners on the foIlewing streets: (1) Case Street from the east line of Weslayan Avenue to. the west line of Cellege Street; and (2) Villaneva Street frem the east line ef Weslayan Avenue to. the west line ef Cellege Street and the plans and specificatiens censtituting parts thereef, the work dene, and the imprevements accemplished on the two. aferesaid streets, such werk having been dene and the imprevements accemplished an said streets under the direction, supervisien and examinatien ef said City Engineer; and o The City Commissien further finds and determines that the City Engi- neer has examined, measured and caused to. be tested in the manner previded fer in the centract between the City and Mischer-Harris Cempany, Inc., dated January 28, 1952, and'the plans and specifications censtituting parts thereef, the werk dene and the imprevements accemplished by the said Mischer-Harris Cempany, Inc., in paving and permanently impreving the intersectien ef Cellege Avenue and Villaneva Street, such werk and imprevement having been dene, cen- structed and cempleted in 1ul~ compliance with the terms and previsiens 0.1' said centract and with the plans and specificatiens ferming and censtituting parts thereef and adopted and appreved by the City Cemmissien,fer such cen- structien and imprevements; and, The City Commissien further finds that said Engineer has certified to. the City Commissien by his certiricates date~ September 3, 1952, th~t the werks and imprevements centracted by the said Mischer-Harris Company, Inc., with abutting preperty owners en Case and Villaneva Streets, as well as the werk and imprevements contracted by said Cempany with ,the City have been censtructed in accordance with the centracts, and the Engin~~r having recemmended to the City Cemmissien that the same be accepted; and the City Cemmissien ef the City 0.1' West University Place, Texas, dees hereby find and determine that the werk and improvement 0.1': '- [ 9:1:' (1) Paving and impreveing Case Street frem the East line ef Weslayan Avenue to. the West line of Cellege Avenue, and '(2) P~ving and impr9ving Villaneva Street frem the East line ef Weslayan Avenue, to. the West, line 0.1' Cellege Avenue, and (3) Paving and impreving the intersectien of Villlaneva Street and Cellege Avenue has been perfermed, censtructed and cempleted by Mischer-Harris Cempany, Inc., in full cempliance with the aferesaid centracts; and said City Cemmissien dees here and n9Y!. accept such wetk andimprevements fer and en behalf ef, and as the act 91', ~he City 0.1' West University Place, Texas. Sectien 2. The City Cemmissien having examined the final estimate prepared and pr,esented by the City Engineer with reference to. the cempletien 0.1' the improvement 0.1' the intersectien 0.1' Villaneva Street and Cellege Avenue, and the sums due the Centracter under said centract, here and new appreves and adepts said final estimate; and hereby autherizes and directs the Mayer and the City Treasurer to. make final settlement with said Centractar in ac- cerdance with said fi~l estimate. Sectien 3. The acceptance 0.1' the werk and final settlement with the Centracter, as herein previded, shall in no. wise release Contracter and its surety frem the terms and previsiens 0.1' itsperfermance bend; and the Centracter's respensibility under the ene-yea~ maintenance guarantee for the ,above described,werk shall datef'rem the date 0.1' this Ordinance. ", Sectien 4. The fact that the imprevementshave been cempleted en the abeve described contracted werk in full accerdance with the separate centracts cevering same, and the Contracter is entitled to. f1nalsettlement ',as to. said work en the basis as set farth in the City Engineer's final esti- '~te, creates a public emergency and therefore, this Ordinance shall be passed finally en the date 0.1' its intreductien, this the 22nd day ef September, 1952, and shall take effect and be in ferce and effect immediately upon its passage and appreval by the Mayer. Passed this the 22nd day ef September, 1952, all Commissieners veting "Aye II . Appreved this the 22nd day of September, 1952. University ATTEST: ~.~ ~.. ,~.-,. ./ City S e y APPROVED AS TO FORM: City A"tterney