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HomeMy WebLinkAboutORD 424 - ORD Authorizing and Directing Certain Changes in amendment to ADDEnda Oct, 11, 1948 )0. 0; ., :K: ".n. 1 ;.. J >, > . .1 ORDINANCE,NO. 424 " AN ORDINANCE. PROVIDING FOR, AUTHORIZING, AND DIRECTING CERTAIN AMENDMENTS AND CHANGES IN, AND THE ADDITION OF ADDENDA TO, THE OCTOBER 11, 1948, CONTRACT BETWEEN THE CITY AND RUSS MITCHELL, INC., CONTRACTOR, WITH REFERENCE TO THE FAVINq. OF CERTAIN PORTIONS 'OF UNIVERSITY B:::'ULEVARD AND RICE BOULEVARD; AUTHORIZING ANi) DIRECT- ING THE EXECUTION THEREOF BY THE MAYOR AND CITY SECRETARY AND THE INCORPORATION THEREOF AS PART OF SAID CONfRACT WITH RUSS MITCHELL; INC. -, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I I -.J Section 1. That the City Commi~sion of the City of West University Place, Texas, having fully investigated and studied the matter and having dis- cussed same 'Vlrith Russ Mitchell,' Inc., ContractGr', hereby finds and determines that, it is advisable to ma~e certain Amendments and Addenda to'the October 11, 1948, Contract with Russ Mitchell, Inc.; and, that it is not practical to pro- ceed with the improvement of Sections Nos. 3 and 5, on which contract has been awarded, under the presently worded contract and contract documents; said Sections on which contract has been so awarded being:; Section No.3: University Boulevard from the East line of Weslayan Street to the East line of Conmlunity Drive; Section No.5: Rice Boulevard from the vVest line of Auden Street to the East line of College Street. ------, 'Section 2. The City Commi~sion, having examined the proposed addenda and amendment to said Octo,ber 11, 1948, contract covering and with reference to said Sections Nos. 3 and 5, and which addenda and amendment has been heretofore approved by Contractor and the Surety on his bonds, here now provides for, authorizes, and directs the following addenda and ame~dment to said October 11, 1948, contract, to-wit: ~) "CONTRACT ADDENDA AND AMENDMENT "T~E STATE OF TEXAS 'I I COUNTY OF HARRIS I As an amendment and addenda to the foregoing October 11, 1948, con- tr~ct between the City of ~Vest University Place, Texas, herein called "City", and Russ Mitchell, Inc., herein called "Contractor", the following agreement is made f 1. Although provision is made in the contract with reference to Section No.3: University Boulevard from the East line of Weslayan Street to the East line of Community Drive, for (a) cancellation of the contract, or (b) changes in the work in the absence of security for payment of the cost of the pavement in front of and on exempt properties, Contractor has heretofore agreed, and here again agrees, to use all reasonable diligence and efforts to obtain security from, or make satisfactory arrangements with~ .property owners for the paving of those portions of said section of the street on which exempt 'I , ~-} ........, i .. 51 properties abut. 2. Contractor will pave in front of all non-exempt properties on said section and in front of all exempt properties on which cash payment, se- curity or satisfactory arrangements with the owners of such exempt properties can be obtained, unless instructed by the City not to do so. 3. It is further agreed, however, that in the event Contractor is Unable, by the use of all reasonable diligence and efforts, to obtain cash or security, or to make satisfactory arrangements with property owners ,for the payment for the pavement in front of exempt pr.operties, nevertheless a mini- mum portion of said Section No. 3 will be paved in front of such non-cooperating exempt properties to a width extending 10 feet'from the center line of the street toward such properties to the'end that said section of ~aid street vall be paved for its entire length and to a minimum width of 20 feet, together with intersection returns. \ In addition to the foregoing, Contractor vdll pave in front of such properties and at such other locations in said section as may be expressly di- rected by the City, in which latter event, the City will purchase'and take assignments from Contractor:of the assessment certificates evidencing the in- debtedness for such pro rata cost of the work so expressly directed by the City to be performed, Likewise, in those instances where the pavement is laid, as above mentioned, for a width of 10 feet from the center line in front of non-cooperating exempt properties, the cost of such pavement ~ill be paid in full by the City. 4. Reference is here made to the original contract, plans and speci- fications, and other contract documents, and to the supplemental plan desig- nated as Sheet No. 7-a,al1 of which together with prior addenda and this a- mendment and addenda shall constitute the contract between the parties. 5. The undersigned Surety on Contractor's Performance Bond hereby consents to and ,approves all of the foregoing and any changes and amendments ~ [ in the various Contract documents, including plans and specifications, which might be agreed to by City and Contractor. IN WITNESS WHEREOF', the parties have executed this agreement and addenda and amendment, this the 25th day of October, 1948." Section 3. The Mayor and City Secretary are hereby empowered, authorized and directed to executeaaid contract Addenda and Amendment on be- half of the City and to attach same to said original contract of October 11, 1948, and to incorporate s2IIle therein as a part thereof. Section Lt. The fact that the portions of the streets hereinbefore stated and constituting segregated Sections Nos. 3 and 5, as covered by said contract, are in need of improvememt as promptly as possible creates a public emergency, and therefore this Ordinance shall be passed finally on the date of its introduction, this, the 25th day of October, 1948, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this, the 25th ~y of Oetober, 1948. Commissioners Lanmon, Terry and Mayor Lee voting aye. None- voting no. 52, Jr[I~'11 ..", "I '(;",.. :,~; ~ _1._. i. . .L~ _ 'M_:": :._ .:1 APPROVED this, the 25th day of Octobar,1948. ATTEST: / / 'l L-i ~I I I ~ Il ~