HomeMy WebLinkAboutOrd 890 Finding & Dertermining approving Northwestern street 3800, Browning Street 3900
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ORDINANCE ~LThffiER 890
AN ORDINANCE FINDING AND DETERMINING THAT THE IMPROVEMENT OF
CERTAIN PORTIONS OF:
NORTffi1ESTERN STREET IN THE 3800 BLOCK THEREOF,
BROWNING STREET IN THE 3900 BLOCK THEREOF,
BYRON STREET IN THE 3900 BLOCK THEREOF,
COLLEGE AVENUE IN THE 6100 BLOCK THEREOF,
OBERLIN STREET IN THE 4000 BLOCK THEREOF,
RILEY STREET IN THE 4100 BLOCK THEREOF,
RUSKIN STREET IN THE 4000 A~D 4200 BLOCKS THEREOF,
BEING SECTIONS NUVillERED TwO (2), TWELVE (12), THIRTEEN (13),
FOURTEEN ( ), AND SEVENTEEN ( ), IN THE CITY OF WEST UNIVERSITY
PLACE, TEXAS AS PROVIDED IN ORDINANCE NUMBER 867 AND OTHER
ORDINANCES, AND IN THE JULY 25, 1966 CONTRACT WITH voJALTER M.
MISCHER COMPANY, CONTRACTOR, HAS BEEN COMPLETED IN ACCORDANCE
WITH SAID CONTRACT AND ORDINANCES: ACCEPTING THE WORK AND
IMPROVEMENTS ON SAID SEPARATE SEGREGATED SECTIONS: APPROVING
THE ENGLl\JEER"S FINAL ESTJMA.TE AND AUTHORIZING M'JD DIRECTING
SETTLEMENT IN ACCORDANCE THEREYHTH AND WITH THE PROVISIONS
OF ORDINANCE NUMBER 887: AND AUTHORISING AND DIRECTING THE
ISSUANCE AND DELIVERY OF SPECLAL ASSESSMENT CERTIFICATES: AND
DECLARING AN EMERGENCY
'NHEREAS, pursuant to its ordinance number 867, passed and approved June 13,
, 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 July 25, 1966
with Walter M. Mischer Company, Contractor, for the construction of certain
improvements; and
WHERRAS, said Contractor has now constructed improvements under said
Contract and has completed the work on each of the separate 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 CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PhACE, TELAS:
Section 1. The Corrunission hereby finds and determines that the C
Engineer has examined, measured and caused to be tested in the manner
by said Contract, plans and specifications, the work done and improvements
accomplished on the designated separate s sections, pursuant to the
July 25, 1966 Contract between the City and Walter M. Mischer Company,
Contractor, and which were constructed under the direction, super-
vision and examination by said Engineer; and has found and determined that
such work and 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 a part thereof; and that said Engineer
has so certified to the City Commission that such work and shave
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been so contructed and has recommended to the City Commission that such work
and improvements be accepted; and the City Commission of the City of West
University Place, Texas, does hereby find and determine that the work and
linprovement of Sections two (2), twelve (12), thirteen (13), fourteen ( ),
and seventeen (17) has been performed, constructed and completed by said
Contractor in full compliance with the telills and provisions of said Contract,
and the plans and specifications constituting parts thereof, and said
COFmission does here and now accept such work and improvements on behalf of,
and as the act of the City of West University Place, Texas.
Section 2. The City Co~mission, having examined the final estimate
prepared and presented by the City Engineer vIi th reference to the completion
of said improvements, and the sums due the Contractor under said Contract,
here and now approves and adopts said final estimate as so prepared and pre-
sented by the City Engineer; 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
number 887 passed and approved April 10, 1967.
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 number 875, passed and apprived August 15, 1966, to
evidence the respective assessments and liens levied against the properties
butting upon certain streets within the des ed sections numbered two (2),
twelve (12), thirteen (13), fourteen ( ), fteen (15), and seventeen (17),
and against the true owner or owners thereof. That the Mayor and City Secre-
tary are hereby authorized and directed to execute said Special Assessment
Certificates in their official capacities 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 coupons attached 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 the Contractor as above provided.
Section L~. The acceptance 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
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 hereto-
fore described, in full accordance with the above mentioned contract, and the
Contractor is entiteled 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 24th day of July, 1967, and shall take effect iWEe-
diately upon its passage, and approval by the Mayor.
PASSED AND APPROVED this
day of July, 1967.
Commissioners Voting All
CowEissioners Voting No: None
APPROVED:
City Attorney