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HomeMy WebLinkAboutORD 466 - ORD Finding & Determining certain Facts with Ref to Intersection of West Point and Ruskin -----.: , . .. .-.: 72 /' ORDINANCE NO. h66 AN ORDINANCE FINDING AND DETERMINING CERTAIN FACTS WITH 1:1 REFERENCE TO THE INTERSECTION OF WFSTPOINT AND RUSKIN ~ STREET, THE PAVEMENT OF WHICH WAS' PROVIDED FOR IN THE O~OB;m 25, 1948 CONTRACT BETWEEN THE CITY AND BROGAN & WILtIAMS, CONTRACTOR AND 'WITH REFERENCE TO THE INTERSECTION OF ~A.IRMOUNT AND DARTlJ3pTH; FINDING AND DETERMINING THAT IT IS NOT PRACTICAL TO PAVE AND IMPROVE SAID WEST POINT AND RUSKIN STREET INTERSECTION; FINDING AND DErERMIN;NG THAT TT IS MORE URGENT AND TO '!HE BEST INTERESTS OF THE CITY TO PAVE AND IMPROVE THE INTERSECTION OR FAIRMOUNT AND DARTMOUTH STREErr'; APPROVING PLANS ,AND SPECIFICATIONS FOR SAID INTER- SECTION; AMENDING SAID CONTRACT, WITH THE CONSENT OF J. L. WILLIAMS CONSTRUCTION COMPANY, INC. ASSIGNEE, SAID CONTRACTOR, AND SUBSTITUTING SAIDFAIRMOUNT - DARTMOUTH INTERSECTION THEREIN IN LIEU OF SAID WEST POINT - RUSKIN INTERSECTION, ,AND DECLARING AN 'EMERGENCY. ' WHEREAS, certain proceedings have heretofore been had toward the paving ,and improvirig of certain street intersections, including the in- tersection 'of West 'Po-irit Street arid Rusldn'Street; BriO. proceedings for the pavement' 'and iiriprovement' 'of the iritersection of'Fairmomt Street and Dart- mouth Street have been proposed and are pending; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. ,The City Commission of the City of Wes t Uni versi ty Place, Texas, does hereby 'find and determine that, pursuant to competitive bids received August 9; 1948, and subsequent to appropriation of funds to cover the cost thereof, the City awarded a contract to Brogan,& Willi~, Contractor, for the paving and improving of certain street intersections, Nos. \ 1 to 3h inclusive, that the intersection of West Point and Rusldn Streets was included in the advertisement for bids and in said contract with the under- standing that the property owners in the hloo and h200 blocks on Ruskin Street would cooperate in the paving program, and would make arrangements to pave and pay for the pavement of said blocks if said intervening intersection were paved and paid for by the C;ity; that a'substantial number of the property owners in said blocks have failed and refused to make arrangements for the paving of said Ruskin Street and to cooperate in the paving program, with the result that the pavement of said intersection of West Point and, Ruskin Streets at this time would be futile and wasteful expenditure of said funds and with no, practical benefit, but contrary to the policy, and the best interests, of the City~ Section 2. The City Commission further finds and determines tha t property owners on Dartmouth in the hloo and 4200 blocks, Dartmouth Street ha~e made arrangements for the pavem~nt of Dartmouth Street in said blocks, and that it is much more urgent and more in keeping with the policy of the City to pave the intersection of Fairmount Street and Dartmouth Street, and thereby secure continuous pavement, which would result in a greater benefit to the City from the use of its funds than to pave said West Point - Ruskin intersection with the funds heretofore appropriated;f or' said O-ctober 25, 19h8 contract. 1\ I I I I I I l-.-J ,--, ~J 173 Section 3. The City Commission, haying examined same, does hereby approve and,adopt the.plans and specifications prepared by the Engi- neer for the City for the paving and improving of said intersection of Fair- mount Street and Dartmouth Street. Section 4. J. L. Williams Construction Company, Inc., Assignee of Brogan & Williams, Contractor in the above mentioned contract, and the suret,y on its bonds, having agreed and consented ,to such action, the'City Commission does hereby amend said October 25, 1948 contract by substi~uting for and in lieu of the intersection of West Point Street and Ruskin Street . as therein provided, the intersection of Fairmount Street and Dartmouth Street, and be substituting for and in lieu of the plans and specifications earlier prepared and approved and applicable to said intersection of West Point and Ruskin Streets, the plans and specifications hereinabove approved for the intersection of Fairmount Street and Dartmouth Street, so that said last named intersection may and shall be paved and improved under the terms and pro- visions of said contract and in accordance ,wi th the plans and specifications therein contained, as amended hereby, the same as though said last named intersection had been originally incorporated in said contract'in lieu of the intersection' of West Po~t and Ruskin Streets. Said amendment, change and substitution~however, shall in nowise aff,ect nor release the obligation and liability of said Contractor and-the surety on.its bonds in connection with said contract as amended hereby, but same shall remain in full force and effect the same as though originally written with reference to the FairmotiIit - Dartmouth intersection instead of the West Point - Ruskin inter- section. Section 5. The ,fact that the work and improvement of the above named portions 'of Dartmouth Street is now in progress and the intersection of FairmountStreet and Dartmouth Str,eet should be contemporaneously paved creates a 'public emergency arid therefore this ordinance shall be passed finally on the date of its iiltroduction, this the 13th day of June, 1949, and 'shall take effect immediately upon its passage and approval by the Mayor. PASSED this, th~ 13th day of June, 1949. APPROVED this, the 13th q.ay of June" 1949. ATTEST: ~#?~ ~ Secretary '......L.,L