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HomeMy WebLinkAboutORD 470 - ORD Ratifying, Approving & Confirming Field Changes, Extra Work in Connection to Performance of Nov 22, 1948 Contract t8 .., I ~-I .... - .--r- ORDINANCE NO. h 70 ,-------, AN ORDINANCE, RATIFYING, APPROVING AND CONFIRMING CERTAIN FIELD CHANGES AND EXTRA WORK IN CONNECTION WIT!! THE PERFORMANCE OF THE NOVEMBER 22, 19h8 CONTRACT BETWEEN THE CITY AND BROGAN & WILLIAMS COVERING PORTIONS OF MILTON STREET AND RICE BOULEVARD; APPROVING AND ACCEPTnm THE 'CONSTRUCTION PURSUANT TO SAID FIELD CHANGES AND OF SAID EXTRA WORK; FINDING THE CORRECTNESS OF AND APPROVING CERTAIN UNPAID ITEMS OF COST AND EXPENSE IN' CONNEGrION WITH SAID CONTRACT, AND DIRECTING PAYMENT THEREOF OUT OF THE FUNDS HERETO- FORE APPROPRIATED THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, in connection with the performance of the November 22, 1948 contract entered into between the City of West University Place and Brogan & Williams pursuant to Ordinance No. h32 for the construction'of certain improvements on portions of Milton Street and Rice Boulevard, and pursuant to prior authorization and approval by the city Commission, certain field changes were made in said contract and plans and specifications therefor, providing for certain extra work to be performed thereunder on College Street between the streets named; and ' WHEREAS, arrangements were made between the City, Contractor and certain property owners for the 'construction of said extra work at a, con- siderable saving'to the City; and said work has b.een fully performed and in all things approved by'the' City Engineer aIid'the City CoDimission, .and accepted inand'by Ordinance,No. 454 of March 14, 1949, although not specifically set forth therein; . . :J " ,NOW, THEREFORE, 'BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: . --. Section 1. The City Commission hereby in all things ratifies, . approves and confirms the field changes and construction of extra work on College Streeu under and in connection with and as a part of the performance of the November 22, 19h8 contract ,between the City and Brogan & Williams originally providing for construction of portions of Milton Street and Rice Boulevard as reflected ,by prior ordinances; Section 2. Said field changes and extra work and the performance thereof having been earlier authorized and approved by the City Commission, the performance of said extra work pursuarit to such field changes, to-wit, the construction of improvements on College Street between Milton Street and Rice Boulevard are hereby in all things approved; and, the City Eng:i.nee~ having certified that said work has' been done and improvements accomplished in accordance with said contract and field changes, the City Commission does hereby find and determine that all of the work under said November 22, 1948 contract, including the extra work performed on College Street, has been per- formed, constructed and completed by Contractor in full compliance with the terms and provisions of said contract, field c~anges and plans and specifi- cations in connection therewith, and does here and now accept said work and the performance thereof and the improvements accomplished thereby on behal~1 and as the act'of the City of West University Place, Texas; . Section 3. The City Commission further finds that in addition to J 179 /' -'\- the sum heretofore paid Brogan & Williams, Contractor, the following sums constituting obligations of th~ City have not yet been paid, to-wit: I ~ To Brogan & Williams, as the City's agreed side lot contribution , in connection with the pavement abutting Lot 9, Block 20, and Lot 1, Block 19, Collegeview 1st Addition, the sum of $335.85 To Henry J. Johnson, for Engineering fees in connection with said Milton, Rice and College Street construction 1256.25 To Townes & Townes, Paving Attorneys for the Cit,y, the balance of the agreed attorney's fee, based on the Nov. 22, 1948, contract 178.57; and each of said items of cost and expense are hereby approved as .proper items chargeable to the City of West Uni versi ty Place, Texas, constituting obligations thereunder; and the Mayor and City Treasurer' are hereby authorized and directed to pay said items out of the funds heretofore appropriated therefor under said contract. Section 4. The fact that all improvements have been completed and said extra work should be of record, ratified, approved and confirmed, and the improvements affirmatively accepted and said items of cost and expense approved and paid creates a public emergency, and therefore this ordinance shall be passed finally on the date of its introduction, this the 27th day of June, 1949, i and shall take effect immediately upon its passage and approval by the Mayor. -.J PASSEl), this 27th day of June, 1949. APPROVED this 27th day of June, 1949. ATTEST: ~,.~L , C' 'ecretary , -'I I i I ~ ~ "L....L.I