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Home My WebLink AboutORD 684 - ORD Approving and Adopting Directing the Excution Mayor & City Secretary Russ Mitchel and West U Dated march 7, 1955 16 ORDINANCE' N0.' 684 rJ LJ AN ORDINANCE - APPR0VING AN]) ADDPrING, AIm DIRECTING THE EXECUl'ION BY 'fBE MAYOR AND CITY SECRm'ARY OF, A CERTAIN AGREEMENT ExECUTED BY RUSS;", MITHCELL, INC., CO~TOR,DATED MARCH 7, 1955, WITH REFBRENCE TO PROMPr PROCEDDING WITH THE IMPROVEMENTS UNDER THE CONTRACT OF JUNE 28, 1954, AS AMENDED JULY 12, 1954, FOR THE PAVING' OF CERTAIN PORTIONS OF UNIVERSITY BLVD. ORDERED IMPROVED BY THE MAY 10, 1954, ORDINANCE NO., 658, AND THE PURCHASE BY THE CITY OF ASSESSMENT CERTIFICATES ISSUED AGAINST EXEMPl' HOMESTEAD PROPERTDS UNDER CERTAIN CONDITIONS AND UPON CERTAIN TERMS IN THE ASSIGNMENTS THEREOF TO THE CITY; DIRECTING THE INCORPORATION AS A PART OF TIllS ORDINANCE OF A. COPY OF SAID AGREEMENT; LIMITING THE PURCHASE AND LIABILITY OF THE CITY r, FINDING THAT moPER APPROPRIATION HA,S BEEN.MADE TO COVER THE ADDITIONAL COSTS TO THE CITY; AND DECLARING AN EMERGENCY. - - - - - - - - - - - - - - - - - - - - - - _..~ - - - - WHEREAS, essentially all, if not all, of the properties abutting upon those certain portions of University Boulevard ordered improved: by Ordinance No. 658, -passed and. approved May 10, 1954, upon which eontract has been awarded Russ Mitchell, Inc., Contractor, dated June 28, 1954, and amended July 12, 1954, to wit: It~y Section~~ UniversityBoulevar~ between Lake Street and Westehester Avenue o Section ~ University Boulevard between Mercer Avenue and Edloe Street Section 3 University Boulevard between Weslyan Street and Community Drive are homesteads of the owners thereof and Contractor has been unable to obtain mechanic's lien contracts or other satisfactory arrangements from all of the property owners to pay the respective assessed portions of the costs of the improvements; WHEREAS, Contractor ~s reported that thus far it has obtained such contracts or satisfactory arrangements on only six (6) of such abutting properties but is continuing in its efforts with reference to all other such properties; and WHEREAS, the purpose of these proceedings is to pave the "Skipstt left unpaved in earlier proceedings and the City desires that all of such "Skips" be now paved and desires to secure to Contractor the payment of the amounts assessed against each such exempt homestead properties as to which Contractor has not yet been able and is not hereafter able to obtain a. mechanic's lein contract or other satisfactory arrangements; and WHEREAS, a proposed agreement has been drafted and has been 0 executed by Contractor and submitted to the City CommiSSion with reference, ' to the foreg01.i.ng and said proposed agreement has been examined by the City Commission. ' ] D .J h"'" , , , ..~. 17' NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COMMISSION OF THE, CITY OF WEST tmIVERSITY PLACE, TEXAS, Section 1: That the above mentioned proposed agreement executed by Contractor under date of March 7', 1955, be, and the same is hereby author- in all things, ,APPROVED a.nd ADOPI'ED; and the Mayor and city Secretary are here'by authorized and directed -to execute same in the name and on behalf of the City of West University Pla~e, Texas. Section 2; That a copy of said contract be attached hereto and made a part of this Ordinance the same as though fully set out in the body hereof; and the City Commission does hereby ordain each of the iteIllS and provisions of said agreement. - Section 3: That the City sh8.11 not purc:ha.se from Contractor. anlV" assessment or assessment certificate with reference to or against-any non-exempt property nor with reference to nor against any exempt homestead pro-perty as to which Contra.ctor does not certify its good faith efforts and inability to obtain mechanic's lien contract or other staisfactoryarrange- ments for payment of the applicable-assessment. Section 4: The City Commission finds and declares that prior to the -passage of this Ordinance, proper appropriation has been.made of the sum of Fifteen Thousand ($15,000) Dollars for the purpose of <;:arrying out the City's additional obligations ,under the' fOregO~~g"agree~ht.- "l~ , Section 5: The fact that the improvements on the" above portions of the streets should proceed as promptly as possib1e'creates an public emergency and, therefore, this Ordinance shall be passed finally on the date 9f its introduction. PASSED this 7th day of March, 1955. APPROVED THIS 7th day of March, 1955. ~;I(~~ Mayor <f the,City of We Uni versi ty Place, Texas / C APPROVED: City Attorney / . . r- ---, Ilr J II -.-- 18" STATE OF TEXAS t I COUNTY OF HARRIS 0 o Pursuaut to,Ordinance duly and ;r~gularly passed py the City Commissio~ June 28, 1954, a conti!act was entered into of said date between the City of West University Place, Texas, and Russ Mitchell, Inc. for the construction of certain street improvements on portions of University Boulevard as set forth in Ordinance No. 658 passed and approved May 10, 1954; and pursuant to' Ordinance of July 12, 1954, certain addenda and amendments to said original contract were made. A hearing on benefits to property owners pursuant to prior Ordinances was held August 12, 1954, recessed to, and continu~d on, AuguElt 16, 1954, pursuant to which and at which latter date Ordinance No. 672 was passed and approved levying assessments against the properties'abutting upon said portionsce' University Boule- vard and (the owners thereof. Essentially all of the properties abutting upon the portions of University Boulevard to be improved under the foregoing,are homesteads of the owners thereof and Russ Mitchell, Inc., contractor., has been unable to obtain Mechanic's Lien Contracts or other satisfactory arrangements from all of the property owners to pay their respective assessed portions of the cost of the improvements; but it is desir- able that the construction of the improvements be accomplished as soon as possible. In consideration of the premises and the sum of Ten Dollare ($10.00) to each of the parties hereto paid by the other and in further cousideration of the agreements herein set out, the CJ'N, of West Uni versi ty Place", Texas, and Russ Mi tche11, Inc., contractor, agree: 1. Contractorsball continue its efforts to. obtain Mechanic's Lien Contracts or other satisfactory arrangements from property owners for the payment of the several_amounts of money assessed against them respectively; and shall promptly proceed with the performance under and in accordance with the terms and provisions of said contract of June 28, 1954, as amended by instrumen't:,ap,d Ordinance of July 12, 1954,an<1. to constr,uct all improvements as provided for therein ,regardless of whether contractor's continued efforts to obtain Mechanic's Lien Contracts of other satisfactory arrangements for payment of the assessments from property owners are or are not successful. , n LJ 2. Upon completioncf the work provided for in said contract as amended and in accordance with the terms thereof and of prior Ordinances of the City Commission and upon acceptance of such work, the City will issue and deliver to contractor Assessment Certificates eVidencing the assessment against each of the several properties abutting upon those portions of University Boulevard improved under these proceedings and against the respective owners, and ,shall pay contractor in cash the difference between the total amount earned by and owing to con- tractor under said contract as amended and the aggregate of all of said assessments. o ] J D:,~,: I, " '; 19 3. Contractor shall keep the City advised of its progress in obtaining Mechanic's Lien Contracts or other satisfactory financi~l arrangements from property owners; and' upon completion of the WGrk under said contract as amended, "shall furni~h the City a properly, certified l:l,st of proper'G,1-es and property oWners covering and from which contractor has 'been unalbe to,obtainMechanic's Lien Contracts or,other satisfactory arraligementsfor payment of the respective assessments. Upon acceptance of the completed work under said e6ntr~ct as amended the City shall purchase from contractor all of the assessments and assessment certificates on and against each of the exempt homestead properties. and the owners there6f'on and from which contractor has been unable to obtain Mechanic's Lien Contracts or other satisfactory arrangements for payment of such assessments, and shall~y contra~tDr the aggregate of the respective assessments evidenced by such certificates. 4. Co&tractor shall simultaneously with payment therefor by the City assign each of such assessments and assessment certifiactes to the Oi ty, but without recourse upon contractor but with warranty by contractor that contractor is'the true and lawful owner of each such assessment and indebtedness, that no payments have been made thereon other than the purchase by the City, that.contractor bas neither compromised, settled, waived, rior t'eleased any of such assessments, liens, liabilities, or obligations evidenced by said .assessment certificates, and, that contractor has well anti truly performed all things required of it under said original contract as amended and in accordance with all of its terms and provisions and the plans and specifications therefort This agreement shall in no way change, modify, or affect any ot the rights or obligations of either of the parties hereto under the above-mentioned ,contract and prior amendment thereto exc:ept as herein specifically set forth. In WITNESS WHEREOF, the parties have executed this agreement this 7th day of March, 1955.. ATTEST: ' I MAn~. SECRF:r~, CITY OF WEST UNIVERSITY PLACE, TEXAS B.Y ~_'n ;;;/?k~ MAYOR : . ATTEST: RUSS MITCHELL, mc. BY .1/. BY SECREl'ARY VICE PRESIDENT::;~