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HomeMy WebLinkAboutORD 641 - ORD Improvement of Academy St 151 ORDmANCE NO. 641 AN O~INAlJCE FINDINGAIID DETERMINING THAT THE IMPROVEMENT OF: ACADEMY STREET FROM THE NORTH PROPERTY LID OF LAW STREET TO THE NORTH PROPERTY LIm: OF RICHMoND ROAD (EXCEPl'A' DISTANCE OF 99.8 FEE':r ON THE EAST SIDE THEREOF) HAS BEEN COMPLETED IN ACCORDANCE WITH THE CONTRACT BETWEEN THE CITY OF HOUSTON AIm Gm.F BITULITHIC COMPAn, CONmACTOR;AP- PROVING THE WORK AND IMP.RO~S UNDER THE JOINl' PROJECT WITH THE CITY OF HOUSTON, TEXAS, AND THE ACCEPrANCE, THEREOF BY SAID' CITY OF HOUSTON; AUl'HORIZING PAY.Mrmr TO SETTLEMEDT WITH CON.. TRACTOR UPON CONDrrrONS STATED; RELEASING TO TllE. CITY OF, WEST 'UNIVERSITY PLACE S~ AND BRIJX;E BOND ~,'~IES 1946, THE UEl.ffi.l!:JJ PORTION OF THE SUMS BERETOFORE APPROPRIATED THEREFROM FOR SAID PROJECT; AND DECLARING AN EMERGENCY. BErr ORD4INED BY THE CITY COMMISS:tO~ OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: [1 Sec"tienl: In the matter ef. the permanent paving by the City ef Heusten, Te?C8.s, ef Academy Street within the limits of' said City between the , Nerth preperty li~e ef' Law Street and the North preperty line of RichDiond Road (with the exceptien 0.1' the theretefer~ paved East 1./2 ef said street frem the Seuth property line efLawStreet,Southerly a distance of 99.8 feet), the City Cemmissien ef' t~e City ef'West University Placef'inds and determines: (a) Gulf' Bitulithic Company, Contractor under anAugust 6, 1952 cen- tract be~ween said Company and the City efHeusten" Texa,s, has llerformed and censtruct,ed the werk and imprevements en the abovedescrib,ed portien of' Academy Street and the Directer ef' Public Werks and Engineering ef' said City of Heusten has certified to. the Ci"ty Ceuncil efsaidCity tha"t allpf the work under said Centract has been performed in accordance with the plans and specifications theref'er and the acceptance efsaid work by theCi"ty Ceuncil ef the City ef Housten has been recemmended. ' (b) That all preceedings with reference te:the censtructien ef' said imprevements en said pertien ef Acadeniy Street\havebeendulyand regularly and legally had in accordance with the, Laws ef' the State ef' Texas; and with the censent andappreval of the CityCemmission of the.City of West University Place, Texas, and said City, assessments have been duly and lega1.1y levied agains"t the,prope1"ties abutting uPotl said'pertienof said'street, including preperties abutting en the West side thereef andlecated in the City of West , Universi"ty Place, Texas, and saidassessmen"ts have been ratified and appreved by Ordinanc,es No.. ,.628, heretofere pas,sed- and appreved by the City Commission efthe City of West University Place, Texas, December 5, 1952; all as previded in and by a.cts ef', the 1927 Legislature ef the State of Texas, First Called Sessien, page 489, Chapter 106, as. Amendeli and particularly as Amended by the 1951 Legislature of the State of Texas, and. commonly known ,as Article l105-b, Revised Civil Statutes ef the State of Tems. (c) That pursuant to apprepriatien "therefer, in Ordinance No.. 631, L. r::-~ -.... . . --::1 ___.______~[ 1 1_ _ _ ____.0 ___~_____. 2I1 152 passed and approved February 23, il.953; and by its Ordinance No.. 632, the City Commissien ef the City 0.1' West University Place, Texas, autherized, the purchase by the said City, frem Contracter, of Cer"tif'icates ef Special Assessment against Alton L. Mitchell et ux and agaitist~'BiUf'erd C. Menefee et ux, but Contracter subsequently ebtained a Mechanic' s Lien Centract frem said Bluf'erd C. Menef~e et ux and therefere, under the agreement, the City is not to. purchase'thecertificate against said Menefee et ux and their preperty. 'I ,~J Sectien 2. Upon the f'oregeing and upon the recommendatien of the City Engineer"the Ci"ty ComDiissio~ hereby a1>preves the work and imprevements cen- structed upon the abeve portion ef Academy Street 'and appreves the acceptance ' by the City 0.1' Housten, Texas, ef said werk and improvements and the issuance ef Certific~tes Of',Special AsseSSment ~vid~ncing the assessments against the preperties abutting upon said pertion of said street and lecated in the City, of West University Place', Texas, cenditiened, however, upenthe entry 0.1' ' credits en and agains"t each such assessment and in and on each such assessment certificate so that:the net amounts thereof and evidenced thereby remaining to. be paid by the owners ef preperty in the City of West University Place', Texas, will be at the rate of $3.75 per frent f'eet. Sectien ~. Upon the issuance by the City ef Heusten and delivery to. Contracter of such Certificates of Special Assessment with reference to properties in the City ef West University Place and,upen cempliance by Cen- tracter wi"th the provisiens ef said Ordinance No.. 632, the Mayor and City Treasurer spall cenclude the purchase frem Centracter efsaid Certif'icate of Special- Assessment against Alton L. Mitchell et ux, Mildred E.Mitchell, and, their property, and shall pay the Centractor the' $37.50 assessed ameunt owed, by the City with ref'erence "to. the sanitary sewer lift statien, in full and final payment and satisfactien,ef all obligations ef the City with reference to. the abeve paving preject. ' n I , I '-----' Sectien 4. The sum heretofore apprepria."ted with reference to the Bluford C. Menefee property and any and all ether sums heretefore appropriated and net heretefere, er under the terms 0.1' this Ordinance disbursed, in cen- nection therewit, shall be and are hereby released to. the credit 0.1: the City of' West University Place Street and Bridge Bond Fund, Series 1946. Section I)" The fact that the werk and imprevemen"ts en the abeve preject have been cempleted and final settlement should be irJade with Cen- tractor, insof'ar as the City ef West University Place, Texas, is concerned, creates a public emergency and, therefore, this Ordinance shall be passed finally en the date of its intreductien, this 22nd day ef June, 1953, and shall take eff'ect iRdiately upen its passage and upon approval hereef by the Mayer; prev:!ded, however, "that the approval by the Mayer shall be Withheld pending receipt f'rom the City of Heusten of a certified cepy ef the ordinance passed by the City Ceuncilof said City ef Heuston, Texas, accepting the werk and imprevements en the abeve project. PASSED this 22nd day ef June, 1953. APHWVED this 22nd day of June, 1953. A~~~ Cit e~ry ciL;;; ;I: #{~ Mayer ef the City 0.1' West University Place, Texas []