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HomeMy WebLinkAboutORD 810 - ORD Approving & Adopting Mayor & City Secretary 96 ORDINANCE NO. 810 AN ORDINANCE APPROVING AID ADOPTING, AID DIRECTING, THE EXECUTION BY THE MAYOR AJ:IID'CITY SECRETARY OF ,A CERTAIN AGREEMENT EXECUTED BY RUSS MITCHELL CONSTRUCTORS, ,INC., CONTRACTOR, DATED SEPTEMBER 10, 1962, WITH R:EFE:RENCE TO PROMPI' PROCEEDING WITH THE IMPROVEMElIlT illIDER THE CONTRACT OF JUNE 21, 1962, FOR THE PAVING OF CERTAIN PORTIONS OF BYRON STREET,. RILEY STREET AND OBERLIN STREET, ORDERED IMPROVED BY THE MAY 14, 1962~ ORDI- NANCE NO. 801 AND THE PURCHASE BY THE CITY OF ASSESSMENT CERTIFICATES ISSUED AGAINST EXEMPl' HOMES- TEAD PROPERTIES UNDER CERTAIN CONDITIONS AND UPON CERTAIN TERMS AND THE ASSIGNMENTS THEREOF TO THE CITY; DIRECTING' THE INCORPORATION AS A PART OF THIS ORDINANCE OF A COPY OF SAID AGREEMENr; LIMrrING THE PURCHASE AND LIABILITY OF THE CITY; FINDING THAT PROPER APPROPRIATION ~S BEEN MADE TO COVER THE AD- DIT;I:ONAL COST '1;0" THl!l GITY; AND DECLARING AN EMERGENCY. o WHEREAS, essentially al~, 'if not all, of the properties abutting upon those certain portions of the 4000 block of Byron Street, the 4200 block of Riley Street, and the 3800 and 4200 blocks of Oberlin Street, ordered improved by Ordinance No. 801 passed and approved May 14, '1962, upon which contract has been awarded Russ Mitchell Constructors, Inc., Contractor, dated June 21, 1962, to-wit: Section 5, Byron Street from the west line of Weslayan Avenue to the east line of Academy Avenue; o Section 6, Riley Street from the east line of Community Drive to the west line of West Point Avenue; Section 9, Oberlin Street from the east line of Community Drive to the east line of West Point Avenue; Section 10, Oberlin Street from the west line of College Avenue to the west boundary line of the City of Souths ide Place; 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 por - tions of the costs of the improvements; and WHEREAS, Contractor has reported that thus far it has obtained such contracts or satisfactory arrangements on only a portion of such abut- ting properties but is continuing in its efforts with reference to all of such properties; and o [ ~ '9'.7 WHEREAS, the purpose of these ~roceedings is to construct improvements without leaving any tlskiptl areas and city desires that the. improvements abutting all property located in the aforesaid sections 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 lien contract or other satisfactory arrangementsj and WHEREAS, a proposed agreement has been drafted and has been executed by the,Contractor and submitted to the City Conimission with reference to the foregoing and said proposed agreement has been examined by the, City Commission. NOW, THEREFORE, BE IT ORDAI:NED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, Section 1. That the abov.e mentioned proposed agreement executed by Con- tractor under date of September 10, 1962, be, and the same is hereby in all things, APPROVED MID ADOPrEDj and the Mayor and City Secretary are hereby authorized and directed to execute the same in. the name and on be- half of the City of West University Place, 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 hereofj and the City Commission does hereby ordain each of the items and provisions of said agreement. Section 3. That the City shall not purchase from Contractor any assess- ment or assessment certificate with reference to or against any non-exempt property nor with reference to nor against any exempt homestead property as to which Contractor does not certify its good faith efforts and in- ability to obtain mechanic's lien contract or other satisfactory arrangements for payment of the applicable assessment. Section 4. The City Commission finds and declares that pr'itor to the pas- sage of this Ordinance, proper appropriation has been made of the sum of Thirty-One Thousand Two Hundred Fifty Dollars. ($31,250.00) for the purpose of carrying out the City's additional obligations under the foregoing agreement. Section 5. The fact that the improvements on the above ~ortions of the streets should proceed as promptly as possible creates a public emergency and, therefore, this Ordinance shall be passed finally on the date of its introduction. PASSED AND APPROVED THIS lorH DAY OF SEPrEMBER, 1962. AT,TE, L, ',' , ,za ' 0 Assistant Ci tY~ary ~.~~ STUARTL. LAMKIN, MAYOR,' City of West University Place, Texas . ...,. I II __ i_All _L..-.... '..Jil..:lli2!lJiUIiIIf -,.~ Hllil' LII! Ii ',98 AN AGREEMENT STATE OF TEXAS o o [ COUNTY OF HARRIS Pursuant to Ordinance duly and regularly passed by the City Commission June 25, 1962, a contract was entered into between the City of West University Place, Texas, and Russ Mitchell Constructors, Inc. for the construction of certain street improvements ,as set forth in Ordinance No. 801, passed and approved May 14, 1962. A hearing on benefits to property owners pursuant to prior Ordi- nance was held July 16,'1962, pursuant to which Ordinance No. 806 was passed and approved levying assessments against the properties abutting upon said portions of streets as set forth in Ordinance No. 801. Essentially all of the properties abutting upon the portions of the streets ordered to be improved under said Ordinance No. 801 are homes- teads of the owners thereof and Russ Mitchell Constructors,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 as- sessed portions of the cost of the improvements; but it is desirable that the construction of the improvements be accomplished as soon as possible. In consideration of the premises and the sum of Ten Dollars ($10.00) to each of the parties hereto paid by the other and in further consideration of the agreements herein set out, the City of West Uni _ versity Place, Texas, and Russ Mitchell Constructors, Inc.,Contractor, agree: '[ J 1. Contractor shall 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 21, 1962, and to construct all improvements as provided for therein regardless of whether con- tractor's continued efforts to obtain mechanic's lien contracts or other satisfactory arrangements for payment of the assessments from property owners are or are not successful. 2. Upon completion of the work provided for in said contract 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 cGntractor Assessment Certi- ficates eVidencing the assessment against each of the several properties abutting upon those portions of such streets ordered'improved by said Ordinance No.801 and against the respective owners, and shall J Q" , , ,i i o I I I I I i I o I I ~, '99 pay contractor:,in cash the difference between the total amount earned by and owing to contractor under said contract and the aggregate of all of said assessments. 3. Contractor shall keep the City advised of its prog- ress in obtaining mechanic's lien contracts or other satisfactory financial arrangements from property owners; and upon completion of the work under said contract, shall furnish the City a properly certified list of properties and property owners covering and from which contractor has been unable to' obtain me- chanic's lien contracts or other satisfactory arrangements for payment of the respective assessment. Upon ac - ceptance of ' the completed work lindersaid contract, the , City shall purchase from contractor all of the assess- ments and assessment certific~tes on and against each of the exempt homestead properties and the owners thereof 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 pay contractor the aggregate of the respective assess- ments evidenced by such certificates. 4. Contractor shall simultaneously with payment therefor by the City assign each of such assessments and assess- ment certificates to the City, 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 py'the City, that contractor has neither compromised, settled, waived, nor released any of such assessments, liens, liabilities or obligations evidenced by said assessment certificatesj and that contractor b~s well and truly performed all things re~uired of it under said original contract and in accordance with all of its terms and provisions and the plans and specifica- tions therefor. This agreement shall in no ;,Tay change, modify or affect any 'of the rights or obligations of either of the parties hereto under the above- mentioned contract except as herein specifically set forth. IN WITNESS WHEREOF, the parties have executed this agreement this the lOth day of September, 1962. ATTEST: CITY OF WEST UNIVERSrry PlACE, TEXAS . , BY: 'BY:.,~::e,~ MA.YOR Assistant Secretary ATl'EST: RUSS MITCHELL CONSTRUCTORS, INC. BY: PRESIDENT. Assistant Secretary -=-"~.