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HomeMy WebLinkAboutOrd 887 Approving & Accepting Agreement Executed by Walter M Mischer Company Contract 42 ORDINANCE NUMBER 887 AN ORDINANCE APPROVllJG AND ADOPTING, AND DIRECTING THE EXECUTION BY THE MAYOR AND CITY SECRETARY OF A CERTAIN AGREEMENT EXECUTED BY WALTER M. MISCHER COMPANY, CON- TRACTOR, DATED APRIL 10, 1967, WITH REFERENCE TO PROMPT PROCEEDINGS WITH THE IMPROVEMENT UNDER THE CONTRACT OF JULY 25, 1966, FOR THE PAVING OF CERTAIN PORTIONS OF SUNSET STREET, NORT~TESTERN STREET, BROWNING STREET, CO~WillNITY DRDJE, MILTON STREET, COLLEGE AVENUE, BYRON STREET, OBERLIN STREET, RILEY STREET AND RUSKIN STREET, ORDERED IMPROVED BY Trlli JUNE 13, 1966 ORDINANCE ~UMBER 867, AND THE PURCHASE BY THE CITY OF ASSESSMENT CERTI- FICATES ISSUED AGAINST EXEMPT HOMESTRAD PROPERTIES UNDER CERTAIN CONDITIONS A~~ UPON CERTAIN TElli~S AND THE ASSIGNMENTS THEREOF TO THE CITY; DIRECTING T1lli INCORPORATION AS A PART OF THIS ORDINANCE OF A COPY OF SAID AGRE~mNT; LIMITING THE PURCPASE AND LIABILITY OF THE CITY; FINDING TEAT PROPER APPROPRIATION 1illS BEEN MADE TO COVER THE ADDITIONAL COST TO THE CITY; AND DE- CLARING AN B1ERGENCY. WHEREAS, essentially all, if not all, of the properties abutting upon those portions of the 4100 and 4200 blocks of Sunset Street, the 3800 block of Northwestern Street, the 3900 block of Browning Street, the 5900 through 6700 blocks of Community Drive, the 4200 block of Milton Street, the 6100 block of College Avenue, the 3900 block of Byron Street, the 4000 block of Oberlin Street, the 4100 block of Riley Street, the 4000 and 4200 blocks of Ruskin Street, ordered improved by ordinance nQmber 872 passed and approved June 13, 1966, upon which contract has been awarded Walter M. Mischer Company, Contractor, dated July 25, 1966, to-wit: Section 1. Sunset Street from the east line of Community Drive to the west line of Academy Street, excluding that part of Sunset Street between the east and west right-of-way lines of Fairmount Street; Section 2. Northwestern Street from the east line of College Avenue east 467.2 feet to the dead end, and Bro0ming Street from the east line of Weslayan Street to the west line of College Avenue; Section 3. West one-half of Community Drive from the south line of Bissonnet Avenue to the north line of Amherst Street. Section 4. East one-half of Community Drive from the south line of Bissonnet Avenue to the north line of ~mBerst Street, excluding that east one-half portion of Cowfiunity Drive which lies between the north and south right-of-way lines of Tennyson Street, Rice Boulevard and Milton Street, respectively; 43 Section 5. West one-half of Community Drive from the south line of Amherst street to the north line of Byron Street; Section 6. East one-half of Cnmmnnity Drive from the south line of Amherst Street to the north line of Byron Street, excluding that east one-halt por- tion of Community Drive which lies between the north and south right-of-way lines of University Boulevard, Swarthmore Street and Case Street, respectively . Section 7. West one-half of CoDlllUllity Drive trom the south line of Byron Street to the north line of Marquette Street; Section 8. East one-half of Community Drive from the south line of Byron Street to the north line of Marquette Street, excluding that east one-halt portion of CODIIIlWlity Drive which lies between the north and south right-of-way lines of Oberlin Street and Marquette Street, respectively; Section 9. West one-half of Ccmmun1ty Drive from the south line of Marquette street to the north line of the 20-foot reserve strip which ad.1oins the Y .M. C.A. property along its north property line; Section 10. East one-half of Cnmnn1nity Drive from the south line of Marquette Street to the north line of the 20-foot reserve strip which adjoins the Y.M.C.A. property along its north property line, excluding that east one-half portion of CODIIIlWli ty Drive which lies between the north and south right-of-way lines of Southwestern, Riley and Ruskin Streets, respectively; Section 11. Milton street trom the east line of CODIIIlWlity Drive to the west line of West Point Avenue; Section 12. College Avenue trom the north line of Milton Street to the south line of Rice Boulevard; Section 13. Byron Street from the east line of Weslayan Avenue to the west line of College Avenue; and Oberlin Street from the east line of AcadelQ' street to the west line of Weslayan Avenue; and Riley Street from the east line of West Point Avenue to the west line of Academy Street, excluding that portion of Riley Street which lies between the east and west right-of- way lines of Fairhaven Street; Section 14. Ruskin Street from the east line of Community Drive to the west line of West Point Avenue; . - rr,uy' 44 Section 17. Ruskin Street from the east line of Academy Street to the west line of ,\;Jeslayan Avenue 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; '\~HEREAS, Contractor has reported that thus far it has obtained such contracts or satisfactory arrangments on only a portion of such abutt properties, but is continuing in its efforts with reference to all of such properties; and WHEREAS, the purpose of these proceedings is to construct improvements without any IIskip" areas and city desires that the improvements all property located in the aforesaid sections be nOvI 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 been able and is not hereafter able to obtain a Mechanic's Lien Contract or other satisfactory arrangements; and WHEREAS, a proposed agreement has been drafted and has been executed by the Contractor and submitted to the Com.mission Ivith reference to the forego and said proposed agreement has been examined by the Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIIiMISSION OF Trill CITY OF WEST UNIVERSITY PLil"CE, TEXAS: Section 1. That the above mentioned proposed agreement executed by the Contractor under date of April 10, , be, and the same is hereby in all APPROVED AND ADOPTED; and the Mayor and City Secretary are authorized and directed to execute the same in the name and on behalf of the of West University Place, Texas. Section 2. That a copy of said contract be a-c,tached hereto and made a part of this ordinance the same as though fully set out in the body thereof; and the City Corrrmission does hereby ordain each of the iGems and provisions of said agreement. Section 3. That the city shall not purchase from Contractor any assessment or assessment certificate with reference to or any non- exempt property, nor with reference to nor any exempt homestead prop- erty as to which Contractor does not certify its good faith, efforts and inability to obtain Mechanic's Line Contract or other satisfactory s 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 twenty-three thousand dollars ( ,000.00) from street Improvement Bond Fund 1948, for the purpose of carrying out the city's additional obligations under the agreement. Section 5. The fact that the s on the above portions of the streets should proceed as promptly as possible creates a public 44A STATE OF TEXAS Q Q COUNTY OF HARRIS Q Pursuant to ordinance duly and regularly passed by the City Commis- sion on July 25, 1966, a contract was entered into between the City of West University Place, Texas, and Walter M. Mischer Company, for the construction of certain street improvements as set forth in ordinance number 867, passed and approved June 13, 1966. A hearing on benefits to property owners, pursuant to prior ordi- nance, was held August 15, 1966, pursuant to whichordinance number 865 was passed and approved, levying assessments against the properties abutting upon said portions of streets as set forth in ordinance number 867. Essentially all of the properties abutting upon the portions of the streets ordered to be improved under said ordinance number 867 are homesteads of the owners thereof, and Walter M. Mischer Company, Contractor, has been unable to obtain Mechanic's Lien Contracts or other satisfactory arrangments from all of the property owners to pay their respective assessed 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 University Place, and Walter M. Mischer Company, Contractor, agree: 1. Contractor shall continue its efforts to obtain Mechanic's Lien Contracts or other satisfactory arrangments 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 July 25, 1966, and to construct all improvements as pro- vided for therein, regardless of whether Contractor'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 Contractor, Assessment Certi- ficates evidencing the assessment against each of the several properties abutting upon those portions of such streets ordered improved by said ordinance number 867, and against the respective owners, and shall 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. 44B 3. Contractor shall keep the City advised of its progress 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 Mechanic's Lien Contracts or other satisfactory arrangments for payment of the respective assessments. Upon acceptance of the completed work under said contract, the city shall purchase from Contractor all of assessments and assessment certificates 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 satis- factory arrangments for payment of such assess- ments, and shall pay Contractor the aggregate of the respective assessments evidenced by such certificates. 4. Contractor shall simultaneously with payment there- for by the City assign each of such assessments and assessment certificates to the City, but without recourse upon Contractor, but with warranty by Contractor that Contractor is the ture 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 has neither compromised, settled, waived nor released any of such assessments, liens, liabilities or obli- gations evidenced by said assessment certificates, and that Contractor has well and truly performed all things required of it under said original con- tract and in accordance with all of its terms and provisions and the plans and specifications therefor. THIS Agreement shall in no way 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 Agreemtn this day of , 1967. CITY OF WEST UNIVERSITY PLACE, TEXft_S ATTEST: WALTER M. MISCHER COMPANY Secretary Presidert 45 emergency and, therefore, this ordinance shall be passed finally on the date of its introduction. PASSED AND APPROVED THIS lOth day of , 1967. Commissioners Voting All Commissioners Voting No: None of West University Place, Texas ATTEST: