HomeMy WebLinkAboutORD 529 - ORD Finding & Determining Improvemnet on Intersectiion Covered by Contract Oct25, 1948
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ORDINANCE NO. 529
AN ORDINANCE FINDING AND. DETERMINING THAT IT IS NOT PRACTICAL
TO PROCEED WITH THE IMPROVEMENT OF CERTAIN INTERSECTIONS COVERED
BY CONTRACT OF OCTOBER 25 ,1948 WITHBROOAN & WILLIAMS, ASSIGNED
TO J. L. WILLIAMS CONSTRUCTION CO., INC., CONTRACTOR, AS TO
WHICH NO SUBSEQUENT STEPS HAVE BEEN TA.KEN;CANCELING SAID OCTOBER
25, 1948 CONTRACT AS TOll INTERSECTIONS, WITH 'rHE CONSENT OF
CONTRACTOR; DISCHARGING CONTRACTOR AND THE SURETIES ON ITS BONDS
FROM ANY LIABILITY WITH REFERENCE TO SAID CANCELED INTERSECTIONS;
AND DECLARING AN EMERGENCY. '
WHEREAS, by Ordinance dated, passed and approved, October 25,
1948, the City Commission awarded a contract of said date to Brogan &
Williams, Contractor, for the construction of improvements on thirty-four
numbered intersections (except SectionsNos.IO, 14 and 15 as therein
listed and covered by contract of September 20, 1948); and upon dissolution
of said Brogan & Williams firm, the performance of said contract was ,as-
sumed by J. L. Williams Construction Co., Inc., and the assignment consented
. to and approved by the City Commission by Ordinance No. 472, passed and
approved June 22, 1949;and
WHEREAS, it now appea~s that the owners of properties located on
,certain of the intersecting streets in the blocks adjoining the intersections
hereinafter named, have failed to join in street improvement proceedings,
and no good purpose would be served to now pave the hereinafter designated
street intersections;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section I., The City Commission hereby finds and determines that
it is not practical to proceed with the improvement of certain of the in-
tersections set forth in the October 25, 1948 contract with Brogan & Williams,
assigned to J. L. Williams Construction Co., Inc., and constituting separate
unrelated and segregated sections in said contract, and with reference to
which no steps have been taken subsequent to said contract; and with consent
and approval of said contractor, said contract of October 25, 1948 is hereby
cancelled~nd terminated insofar as same covers or pertains to the following
intersections constitu~in~ the following numbered sections, to-wit:
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
Section No.
2 Fairmount and Emory
4 West Point and Mil ton
5 West Point and Amherst
9 West Point and Oberlin
24 Academw and Riley.
27 College and Browning
30 College and Swarthmore
31 College and Case
32 College and Byron
33 College and Oberlin
25 Academy and Ruskin
Section 2.
The firm, Brogan & Williams, and assignee, J. L.
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Williams Construction Co., Inc., Contractor, and the sureties on the per-
formance and maintenance bonds executed and filed in connection with said
October 25, 1948 contract, are hereby released and discharged from any
liability under said contract and bonds with reference to the above listed
sections as to which said contract is cancelled.
Section 3. The fact that it now appears that the above listed
intersections will not be paved within the reasonable near future~ and it
is advisable that the City not have outstanding contracts which will likely
never be performed, creates a public emergency and therefore this ordinance
shall be passed finally on the date of its" introduction and shall take effect
immediately upon its passage and approval by the Mayor.
PASSED this 24th day of July, 1950.
APPROVED this 24th ,day .of July, 1950.
ATTEST:
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