HomeMy WebLinkAboutORD 820 - ORD Finding & Determing Improvements
J~IIIIII:I,I::; .
L-.Jjl
II
I
l
<'1J ~
ORDINANCE NO. 820
AN ORDINANCE FI:NDING AND DETERMINING THAT THE IMPROVEMENT OF
CERTAIN PORTIONS OF:
I SWARTHMORE STREET IN THE < 3800 AND 4000 BLOCKS THEREOF;
AMHERST STREET IN THE 4100 BLOCK'THEREOF;
BYRON STREET IN TEE 4000 AND ~100 BLOCKS THEREOF;
RILEY STREET IN TEE 4000 l\1:ND 4200 BLOCKS THEREOF;
BROWNING STREET IN TEE 3800 AND 4000' BLOCKS THEREOF;
MARQUETTE STREET IN TEE 3800 A:ND 4200 BLOCKS THEREOF;
OBERLIN STREET IN '11liE 3800 AND 4200 BLOCKS THEREOF;
CASE STREET IN TEE 4000 AND 4100 BLOCKS THEREOF;
CASON STREET IN TEE 4100 BLOCK THEREOF;
SOUTHWESTERN STREET IN THE 4200 BLOCK THEREOF;
DARTMOUTH STREET IN TEE 4200 BLOCK THEREOF;
LEHIGH STREET IN, THE 4200 BLOCK THEREOF; M"D
WEST POINT AVENUE IN TEE 6400 BLOCK BETWEEN CASE Al'ID BYRON STREETS,
o
IN TEE CITY OF '\-JEST UNIVERSITY PLACE, TEXAS, AS PROVIDED IN ORDINANCE
NO. 801 AND OTHER ORDINANCES A:ND IN THE JUNE 21, 1962 CONTRACT WITH
RUSS MITCHELL CONSTRUCTORS, INC., CONTRACTOR, HAS BEEN COMPLETED IN
ACCORDANCE WITH SAID CONTRACT AND ORDINANCES; ACCEPl'ING TEE WORK
AND IMPROVEMENTS ON SAID .sEGREGATED SECTIONS, APPROVING THE ENGI-
NEER I S FINAL ESTIMATE AND AUTHORIZ'ING AND DIRECTING SETTLEMENT IN
ACCORDANCE THEREWTIH ,AND WITH TEE PROVISIONS OF ORDINANCE No.810,
AND AUTHORIZING AND DIRECTING THE ISSUA.TiJCE AND DELIVERY OF SPECIAL
ASSESSMENT CERTIFICATES, AND DECLARING AN EMERGENCY.
o
WHEREAS, pursuant to its Ordinance ~o. 801, passed and approved May 14,
1962, declaring the necessity for and ordering the permanent improvement
of certain portions of certain streets 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 21, 1962, with Russ Mitchell Constructors, Inc., Contractor, for the
construction of certain improvements; and
WHEREAS, said cont~actor has now constructed improvements under said con-
tract 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 completion of said work and
has now presented his final estimate in connection therewith;
NOW, THEREFORE, BE IT ORDAINED BY THE CTIY COMMISSION OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS;
Section 1. The City Commission hereby finds and determines that the City
Engineer has examined, measured and caused to be tested in the manner pro-
vided by said contract, plans and specifications, the work done and improvements
accomplished on the designated separate segregated sections, pursuant to the
June 21, 1962 Contract between the City and Russ Mitchell Constructors, Inc.,
Contractor, and which improvements were constructed under the direction, super-
vision and examination by said Engineer; and h~s found and determined that
s~h work and improvements have been done, constructed and fully completed in .~
[
o
[J
117
compliance with the terms and provlslon~ of said contract, and of the
plans and specifications constituting a part thereof; and that said Engineer
has so eertified to the City Commission that such work and improvements have
been so constructed and has recommended to the City Commission that such work
and improvements be accepted; and the City Commission of the City of West Uni-
versity Place, Texas, does hereby find and determine that the work and
improvement of Sections 1 through 27 has been performed, constructed and com-
pleted ID~ said Contract~r in full compliance with th~ terms and provisions of
said contract, and the plans and specifications constituting parts thereof, and
said City Commission does here and now accept such work and improvements on be-
half of and as the act of the City of West University Place, Texas.
Section 2. The City Commission, having examined the final estimate prepared
and presented by the City Engineer with reference to the completion of said im-
provements and the sums due Contractor under said contract, here and now approves
and adopts said final estimate as so prepared and 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. 810 passed and approved
September 10, 1962.
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. 806, passed and approved July 16~ 1962, to evidence the respective
assessments and liens levied against the properties abutting upon certain streets
within the designated Sections No.1 through 27, 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 capa-
cities in the name of said City, and the City Secretary is directed to impress
thereon the seal of the City; and the respective annual installment coupillns at-
tached to and constituting a part of the assessment certificate shall be executed
with signatures or facsimile signatures of the Mayor and City Secretary. The
above mentioned certificates shall be delivered to the Contractor upon final
settlement between the City and Contractor as above provided.
Section 4. 'The acceptance of the work and final settlement with the Contractor,
as herein provided, shall in nowise release Contractor and its surety f~om the
terms and provisions of its bonds, but same shall remain in full force and effect
with the one year maintenance guarantee period therein provided dating from the
date hereof.
Section 5. The fact that all improvements have been completed on those portions
of the streets constituting the separate segregated sections heretofore described,
in full accordance with the above mentioned contract" and the Contractor is en-
titled to final settlement of said contract, creates a public emergency, and
therefore, this Ordinance shall be passed finally on the, date of its introduction
this 27th day of December, 1962, and shall take effect immediately upon its
passage and approval by the Mayor.
PASSED AND APPROVED THE 27th day of December,
19~J~~
, MAYOR
ATTEL r,
Assistant City s~
~iIJ MYh
~
' Cit Attorney /. /
... r
Il
I nu