HomeMy WebLinkAboutORD 472 - ORD Consenting & Approving Brogan & Williams to J.L. Williams Construction Co
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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.
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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
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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
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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:
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, Ciecretary .
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