HomeMy WebLinkAboutORD 493 - ORD Authorizing & Directing Amendments & ADDENDA July11,1949 Contract
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ORDINANCE NO. u93
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AN ORDINANCE PROVIDING FOR, AUTHORIZING AND DIRECTING CERTAIN
AMENDMENTS IN AND ADDENDA TO THE JULY 11, 1949 CONTRACT BE- '
TVVEEN THE CITY AND RUSS MITCHELL, INC., CONTI,tACTOR , WITH REF-
ERENcE TO THE PAVING OF CERTAIN PORTIONS OF BYRON, CASE AND
WEST POINT STREETS; AUTHORIZING AND DIRECTING THE EXECUTION
OF SUCH AMENDMENTS AND ADDENDA BY THE MAYOR AND CITY SECRETARY
AIm INCORPORATION THEREOF AS A PART OF SAID CONTRACT WITH RUSS
MITCHELL, INC., AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY-THE CITY COMMISSION OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Section 1. That the City Commission of ' the City of West Uni-
versity Place, Texas, having fully investigated and studied the matter,
and having discussed same with Russ Mitchell, Inc., Contractor, hereby
finds and determines that it is advisable and necessary to make certain
amendments and addenda to the July 11, 1949 contract with Russ Mitchell-,
Inc., and it is not practical to proc~ed with the improvement of those
portions of Byron, Case and West Point Streets on which contract has
been awarded under the presently worded contract and contract documents,
to-wi t:
(1) hlOO Byron Street with intersection at West Point;
(2) 4100 Case Street with intersection at West Point;
(3) West Point from S.P.L. of Case Street to N.P.L. of
Byron Street;
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Section 2. The City Commission, having examined the proposed
amendment and addenda to said July 11, 19h9 contract covering and with
reference to the above portions of the streets named, and which amend-
ment and addenda has been heretofore approved by Contractor and the
surety on its bonds, here now provides for, authorizes and directs the
amendments and addenda to said contract as heretofore approved by Con-
tractor and its surety, and covering matters generally and briefly stated
as follows:
(1) Cancelling and rescinding prior addenda and amendment to
said contract, as authorized by Ordinance No. 479, passed
July 11, 1949; and, substituting in lieu thereof the ad-
denda and amendment here now approved, authorized and
directed;
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(2) Deletion of intersections of West Point Street with Byron
and Case Streets, respectively;
(3) Provi~ing that certain specified portions of Byron, Case
and West Point Streets shall be improved; anc,t authorizing
the improvement of the remainder pf the 4100 blocks of '
Byron and Case Street and ~[est Point Street in the event
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Contractor is able to make satisfactory arrangements with
owners of sufficient of the properties on said remainder
to secure the approval of the City Engineer for the con-
struction thereof, but at the sole cost of property owners;
(h)
Providing for payment by the City of the whole cost of one-
half of the width of Byron, Case and West Point Streets
abutting the City-owned property;
(5)
Providing that Contractor shall look solely to the owners
of property, whom it represents have made satisfactory
arrangements, for the whole cost of the improvements to
their respective properties;
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(6) Separating and segregating other portions of Byron and
Case Streets: into six segregated and unrelated sections,
and-providing for assessment proceedings and assessments
against the properties and owners of said six segregated
sections; and that the City will purchase from Contractor
the assessments and certificates on Sections No; 1 and
2, with Contractor looking solely to the owners of prop-
erties in Sections 3 to 6, inclusive, for the amounts
assessed against them;
(7) Providing for construction of a ten foot parki~g area on
West Point Street;
(8) Providing for waiver by Contractor of any claim by reason
of decreased quantities of work ultimately performe4;
(9) . Amending the plans, specifications and all other instru-
ments and documents consituting a portion of the origi-
nal July 11, 1949 contract in accordance with said ad-
denda and amendment;
(10) Providing f,or an extension of time for performance of
such work to a total of 75 working days; and coordi-
nation of Contractor's work with that of the Intersection
Contractor.
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Section 3. The Mayor and City Secretary are hereby empowered,
authorized and directed to execute said contract amendment and addenda
on behalf of the City, and to attach same to said original contract of
July 11, 1949, and to incorporate same therein as a part thereof.
Section 4. The fact that the portions of the streets herein~
before st~ted, and constituting the segregated sections covered by said
contract, are in need of improvement'as promptly as possible creates a
public emergency; and therefore this ordL~ance shall be passed finally
on the date of its introduction, this the 23rd day of January, 1950,
and shall take effect immediately upon its passage and approval by the
Mayor.
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Commissioners Bu~chardt, Hamlett, Holman, Terry and Mayor
Lanmon voting aye.
Commissioners - None voting no.
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PASSED this 23rd day of January, 1950.
APPROVED this 23rd day of January, 1950.
ATTEST:
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C' ~tary
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