Loading...
HomeMy WebLinkAboutORD 685 - ORD Finding & determimimg Improvement of Certain Portions as Provided in ORD 658 ..III . ' .,n"", -'I'. '"I" 20_ WHEREAS, pursuant to its Ordinance No. 658, passed and approved May 10, 1954, declaring the' necessity for and ordering the permanent improve- ment of protions of University Boulevard in the City of West University Place, Texas and pursuant to subsequent ordinances and proceedings, the,:City of West University Place, Texas, made and entered into a contract dated June 28, 1954, with Russ Mitchell, Inc., Contractor, Amended July 12, 1954, for the construction of certain improvements on portions thereof; and WHEREAS, said contractor has now constructed improvements under said contract and has completed the work on-each of the segregated sections as set forth in said Ordinances and Contract; and the City Engineer has made his report and certification with reference to the coJiIpletion of said work and has now presented his final estimate in connection therewith; ~ I I I. I NOW, THEREFORE, BE tW' , ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission hereby finds and determines that, t.he City Engineer has examined, measured and caused to be tested in the manner provided by said contract, plans and specifications, t~e work done_and improve- ments accomplished on the hereinafter designated separate segregated sections, pursuant to the June 28, 1954, Contract between the City and Russ Mitchell, Inc., Contractor, as amended July 12, 1954, and which improvements were constructed unde~ the direction, supervision and e~nation by s~id Engineer; and has found and determined that such work and improvements have been done, constructed and fully completed in full compliance with the terms and provisions of said contract, and of the plans and specifications constituting apart thereof; and that said 'Engineer has so certified to the City Commission that such work and improvements have been so constructed and has recommended to the City Commission,of the City of West University Place, Texas,doeshereby' find and determine that :.the work and improvement of Section 1, University Boulevard between Lake Street and Westchester Avenue Section 2, University Boulevard between Mercer Avenue and Edloe street o Section 3, University Boulevard between'Weslyan street and Community Drive l I ] ~ I i I ~ 211 have been performed, constructed and.completed by said Contractor in full compliance with the terms and provisions of said contract as amended, and the plans and specifications 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, Tex~s. Section 2. The City Commission, having examined the final estimate prepared and presented by the City Engineer with re~erence to the completion of said improvements and the sums due Contractor under said contract, here and anOW' presented by the Engineer for the City; and hereby authorizes and directs the Mayor and city Treasurer to make final settlement with said Contractor in accordance with said final estimate, and in accordance with the provisions of Ordinance No. 684 passed and approved Ma.rch7, 1955. 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. 672, passed and approved August ll?, 1954, to. evi- dence the respective assessments ,'and liens levied against tne properties abutting upon University Boulevard, within the above designated Sections No. 1, 2 and 3, 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 sa;id City, and the City Secretary is directed to impress ,thereon the seal 'of the City; and the respective ann:ua:t installment coupons attached to and constitutilig a part of the assessment certificate shall be executed with signatures or fac- simile signatures of the Mayor and City Secretary. The above mentioned cer- tificates shall be delivered to the Contractor upon final settlement between the City and, Contractor as above provided. " Section 4. The aceeptanee of the work and final settlement with the Contractor, as herein prOVided, shall in nowise release Contractor and 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 pro- vided dating from the date thereof. > . - . Section 5. The fact that all improvements have been completed on those portions of the street constituting the separate segregated sections hereinabove described, in full accordance witbthe above mentioned contract as amended,. and the Contractor is entitled to final, settlement of said contract, creates a public emergency, and therefore, this Ordinance shall be passed tinally on the date of its introduction this 11th day, bf April, A. D. 1955, and shall take effect immediately uponits'passage and approval by the Maypr., PASSED this 11th day of April. A. D. 1955. ~PROVED This ,11th day of Apri'l, A. D. 1955. ... ~ ;f4-~ Mayor uft.ho:::Clt.,y of' Wbst University Place, Texas ATTEST : APPROVED: liiT.Y AT.'torney 1- --'_.~"'.-r- '~'---~",'._'--._.".- - ....-, Ilr r"