HomeMy WebLinkAboutORD 641 - ORD Improvement of Academy St
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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:
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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,
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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.
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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. '
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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.
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Cit e~ry
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Mayer ef the City 0.1' West
University Place, Texas
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