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HomeMy WebLinkAboutORD 472 - ORD Consenting & Approving Brogan & Williams to J.L. Williams Construction Co ~2 ORDINANCE NO. 472 , AN' ORDINANCE CONSENTING TO AND APPROVING THE ASSIGNMENT FROM, BROGAN & WILLIAMS TO J. L. WILLIAMS CONSTRUCTION CO., INC. OF THE OCTOBER 25, 1948 CCNTRACT BETWEEN THE CITY AND BROGAN & WILLIAMS, EXECUTED PURSUANT TO ORDINANCE NO. 417, AS TO THE INTERSEC1+0NS ,NOT YET CONSTRUCTED THEREUNDER; ACCEPTING AND SUBSTITUTING, J. L. WILLIAMS CONSTRUCTION CO., INC., AS CON- TRACTOR; PROVIDING FOR THE CONTINUANCE OF THE BONDS UNDER SAID CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND CITY SECRE- TARY TO EXECUTE AN ADDENDA TO SAID CONTRACT, MAKING SUBSTI- TUTION OF -CONTRACTORS AND PROVIDING FOR CONTINUANCE OF SAID BONDS, AND DECLARING AN EMERGENCY. 'I l _J WHEREAS, Wider date Qf October 25, 19h8 pursuant to Ordinance No. h17 of said date the City of West University Place, Texas, made and entered into a contract with Brogan & Williams, a firm composed of W. E. Brogan, Jr. and J. L. Williams, for the construction of improvements on certain street intersections in said City, being thirty-four numbered sections (except ' Sections No. 10, 14 and 15 as therein listed, covering which contract was executed September 20; 1948 pursuant to Ordinance No. 405 of ~aid date); and , , WHEREAS, various of said intersections have been heretofore con- structed and other of said intersections have not yet been constructed under said contract; and WHEREAS, the construction firm of Brogan & Williams, Contractor inl ./ ,said contract, has 'since been dissolved by mutual consent, and performance of J said contract, among others, has been assJmed by J. L. Williams Construction _,' Co., Inc., a corporation of which said J. L. Williams is Pr~sident and Manager, and on whose bonds the same company is surety as on the bonds exe- cuted in connection with the above mentioned contract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ,WEST UNIVERSITY PLACE, TEXli.S: Section 1. That the City Commissiondo~s hereby consent to and ap.;., proVe the assigmilent by' Brogan & Williams to J. L~ Williams Construction Co., Inc., of the October 25, 1948 contract between the City and Brogan & Williams executed pursuant to Ordinance No. U17 as to the 'intersections not yet con~ ' structed tl1ereunder; and that J. L. Williams Construction Co., Inc. is hereby accepted and substituted for Brogan & Williams as Contractor in said contract. Section 2. That the bond heretofore, executed by Brogan &,Williams shall continue in full force and effect with said J. L. Williams Construction I Co., Inc. as principal thereon, and the same surety company as surety thereon. Section 3. That the Mayor and City Secretary are hereby aJlthorized and di~ected to execute an addenda to the above mentioned contract with, and to substitute therein, said J. L. Williams Construction Co., Inc., as Con- tractor, and said surety company as surety; in which addenda said J. L.I iJ Williams Construction Co,., Inc. shall affirmatively accept and agree to per- form all of the work and obligations of said Brogan & Williams, original Con- tractor as set forth in said contract; and which addenda and such substitute 18~ Contractor shall be affirmatively approved by the surety, whose liability 'and obligation on the bonds shall remain in effect and~:prichanged by reason of said substitution. . Section h. The fact that a portion of the work provided for in the above contract has not yet: been constructed, and the former construction firm is now dissolved, and J. L. Williams Construction Co., Inc. has taken over said contract and is readY to continue perforniancecthereof creates a public emergency; and therefot-e this ordinance shall take effect immediately upon its passage and approval by the Mayor, on this the 27th day of June, 1949. PASSED this 27th day of June, 1949. COMMISSIO~ Buschardt, Hamlett, Holman and Mayor Lanmon voting aye. NONE - Voting no. . APPROVED this 27th day of June, 1949. ATTEST: ~n~~.~ , Ciecretary . ---., I ,,,.