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HomeMy WebLinkAboutORD 772 - ORD Finding & Determining Permanent Improvement of Bissonnet Ave .. ,1._._ .1~m!ll.__L-.~" ..,,, ~ .._.~...~._,...."".".---l'-''''I~'''~..,,',;~'-r'''l''l ".... r !4,O~ ORDINANCE NO. 772 ..' . AN ORDINANCE OF TEE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY 0 PLACE, TEXAS, FINDING AND DETERMINING THAT' IN THE MATrER OF TEE . PERMA:NENT IMPROVEMENT OF BISSONNET AVENUE FROM THE WEST PROPERTY. LINE OF WAKEFOREST STREET TO THE WEST PROPERTY LINE OF KIRBY DRIVE , . CERTAIN' THINGS RAVE BEEN DONE AND CERTAIN CONDrrIONS EXIST; AGREEING THAT UPON THE TRANSFER BY THE COIilT.RACTOR TO,THE CITY OF WEST UNIVER- SITY PLACE OF A pAVING CERTIFICATE ,ISSUED AGAINST A CERTAIN PARCEL OF LAND ON THE SOUTH SIDE OF BISSOl'rnET AVENUE, IN THE Crry OF WEST UNIVERSITY PLACE, THE CITY OF WEST UNIVERSITY PLACE WILL PAY TEE COIilT.RACTOR THE AMOUNT OF SUCH CERTIFICATE; STATING CERTAIN PROVISIONS TO BE INCLUDED IN THE TRANSFER OF SUCH CERTIFICATE; AND FINDING THAT THERE HAS BEEN MADE AN APPROPRIATION TO COVER THE AMOUNT OF SAID CERTIFICATE. WHEREAS, under the terms of a certain agreement between the City of ~ Ho~ston and the City ,of West University Place, executed on behalf of the City of West University Place, on February 23, 1959, arrangements were made for the permanent paving of Bissonnet Avenue from Wakeforest Street to Kirby Drive the same to be accomplished by the City of Houston pursuant to proceeding~ in accordance with the provisions of Article 1105b, Revised Civil Statutes of Texas; and WHEREAS, the City of Houston entered into a contract with Gaylord Cons- ' truction Company for the construction of said improvement, the same being authorized by ordinance of the City of Houston passed and approved June 24, 1959, such contract providing, among other things, that the contractor would not D~ be obligated to paVe in front of any property exempt from lien for the cost of such improvement unless the owner thereof should satisfactorily secUre the amount which would be assessed against such property if it were not exempt; and WHEREAS, pursuant to proceedings duly had in acco~dan~e with the pro - visions of said Article 1105b, Revised Civil Statutes of Texas, the City Council of 'the City of Houston levied assessments against the property abutti~g upon both sides of Bissonnet Avenue between the limits above states, which levy of assessment was thereafter ratified by ordinance of the City Commission of the City of West University Place; and , WHEREAS, the said contractor has reported to the City of Houston and it now appears probably that the parcel of land hereinafter mentioned, in the City of West University Place, is exempt from the enforcement of such lien; and WHEREAS, the aforesaid contract between the City of Houston and the City of West University Place, in Paragraph IV thereof, that the City of West Uni - versity Place would accept assignment o~ and pay the contractor for the amounts of any paving certificates against exempt property situated in West University, Place with respect to which the Contractor had been unable to obtainsatisfac- tory security, provided the aggregate of such certificates did not exceed the sum of $8,500.00: o 241 NOW" TBEREFORE" BE rr ORDAINED BY TEE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PLACE: l Section 1. The City Commissiqn hereby consents and agrees that said contractor under the contract for the paving of said portion of Bissonnet Avenue may proceed with the paving of the portion of said street in front of the following parcel of property, notwithstanding such parcel appears to be exempt from a lien for such paving, and notwithstanding the fact that the ovmer thereof has refused to secure the payment of the amount assessed against him as suchownet, which amount would be secured by lien against such property if not exempt, that is to say, the following parcel of land as set forth in the ordinance of the City of Houston levying said assess- ments and in the 'ordinance of the City of West University Place ratifying the same, to-wit: <l'. An assessment in the amount of $810.50 against a tract of land described in a deed recorded in Volume 2328, Page 192, Deed Records of Harris County, Texas, Appearing by such assessing ordinance . to be owned by F. A. Krenzler. ] Section 2. Upon the completion of the'work covered by said contract between the City of Houston and Gaylord Construction Company,' in accordanc~ witti the terms thereof, and upon said contractor's endorsing, assigning and delivering to the City of West University Place the paving certificate issued by the City of Houston to such contractor on account of the pavement in front of the ~foresaid parcel of land, the City of West University Place will pay to the-contractor the amount of such certificate, being $810.50, such amount to be so paid to the contractor on account of his proceeding with the paving in front of said parcel of land; but payment of such ad - ditional sum shall notbe.ma.de except upon the contra.ctor's endorsing and delivering such certi~icate to the City of West University Place, together with an assignmentnassigning the same to said City without recoUrse upon the contractor, including appropriate provision by which the,contra.ctor will warrant to said City that such certificate has not been paid either in fu~l or in part, and that the Contractor has neither compromised, settled, waived nor released such parcel of land or the owner thereof from any of.the obliga- tions evidenced by such certificate, and that the contractor has well and truly performed such paving contract in accordance with all of its terms' and pro - visions and the plans and specifications therefor. SectiorL3~ The City Cotllmission finds ,and declares that prior to the pass- ing of, this ordinance it has duly appropriated the sum of $810.50 for the purpose of carrying out the obligations of the City of West University Place as herein- above stated. . , PASSED AND APPROVED THIS THE 8TH DAY ,OF J A~L ~ Assistant City ~arY