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HomeMy WebLinkAboutORD 473 - ORD Consenting and Approving Assignment from Brogan & Williams to J.L.Williams Construction Oct25, 1948 Contract 1:1....1." 1 H .J I." ~ , _-Z - I J 8'4 ORDINANOE NO. h73 AN ORDINANCE CONSENTING TO AND APPROVING THE ASSIGNMENT FROM 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. 421, AS TO THE SECTIONS NOT YET CONSTRUCTED THEREUNDER; ACCEPTING AND SUB- STITUTING J. L. WILLIAMS CONSTRUCTION CO., INC., ,AS CONTRACTOR; PROVIDING FOR THE CONTINUANCE OF THE .BoonS UNDER SAID CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND OITY SECRETARY, TO EXECUTE AN ADDENDA TO SAID CONTRACT, MAKING SUBSTITUTION OF CONTRACTORS AND PROVIDING FOR CONTINUANCE OF SAID BONDS, AND DECLARING AN EMERGEN'CY. I~ I I I~_.J WHEREAS, under date of October 25, 1948 pursuant to' Ordinance No. 421 of said date the City of West University Place, Texas, made and entered into a contract with Brogan & Williams, a firin composed of W. E. Brogan, Jr. and J. L. Williams, for the construction of improvements on certain streets, to-wit~ portions of Swarthmore, Byron and Case Streets, consti tuting several segregated sections; and WHEREAS, various of , said sections have been heretofore constructed 'and other of said sections have not yet been constructed under said contr.act; and WHEREAS, the construction firm of Brogan & Williams, Contractor in said contract, has since been dissolved by mutual consent, and performance of said contract, among others, has been assumed by J. L. Williams Con- , struction 00., Inc., a corporation of which said' J. L. Williams_ is President and Manager, and on whose bonds ,the same company is surety as on the bonds executed in connecti,on with the above mentioned cont~act; I [ ,_J ,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST .UNIVERSITY PLACE, TEUS: Section 1. That the City Commission does hereby consent to and approve",the. assignment by Brogan & Williains to J. L. Williams Construction Co., Inc., of the October 25, 1948 contract between the City and Brogan & Williams exec~ted pursuant to Ordinance No. 421, as to the sections not yet constructed thereunder; 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 bonds heretofore executed by Brogan & Williams shall continue in full force and effect with said J. L. Williams Construction Co., Inc. as principal thereon, and the same surety company as surety thereon. . Section 3. That the Mayor and City Secretary are hereby authorized and directed 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; iri which addenda said J. L.. Il Williams Construction Co., Inc. shall affirmatively accept and agree to per- . form all of the work aild obligations of said Brogan & Williams original Con- LJ ' tractor as set forth, in said contract; and which addenda and such substitute ~ 1 ':8 1: ~~... t.. Contract-or shall be affirmatively approved by the surety, whose liability and obligation on the bonds shall remain in effect and unchanged by reason of said substitution. I ----' 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 performance thereof creates a public emergency; and therefore 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. COMMISSIONERS Buschardt, Hamlett, .Holman and Mayor Lanmon voting aye. NONE - voting no. ' , APPROVED' this 27th day of June, 1949. ATTEST: +.~ .. "C', $eeretary ,: '