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HomeMy WebLinkAboutORD 341 - ORD finding and Determining the Proceedings, Prerequisities and Execution of the Contracts .1 JI J l.J .. ..I ~44 _ ORDINANCE NO. 341 AN ORDINANCE FINDING AND DETERMINING THAT ALL PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE EXECUTION OF THE CONTRACT FOR THE PAVING - AND IMPROVING OF: J UNIVERS ITY BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE EAST LINE OF COMMUNITY DRIVE; AND lJIJESLAYAN STREET FROM THE SOUTH LINE OF RILEY STREET (EAST OF WESLAYAN STREET) TO THE SOUTH LINE OF RICHMOND ROlAD; AND RICE BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT STREET: AND AUDEN STREET FROM THE NORTH LINE OF UNIVERSITY BOULEVARD TO THE NORTH LINE OF RICE BOULEVARD; APPROVING AND AlX)Pl'ING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON BIDS RE-j,i. CEIVED FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; ACCEPl'ING THE BID OF HOLLAND PAGE AS THE LOWEST SECURE BID OF THE LOWEST RESPONSIBLE BIDDER, AND AWARDING TO HIM THE CONTRACT FOR THEPA VING AND IMPRO\1TING OF SAID PORTIONS OF SAID STREETS; APPROVING AND ACCEPl'ING AND AUTHORIZING THE APPROVAL. AND ACCEPl'ANCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN 00 NNECTION WITH SAID IMPROVEMENT; FINDING THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT FOR THE IMPROVE- MENTS ORDERED, APPROVING SAID CONTRACT AND AUTHORIZING AND'DIRECTING THE EXECU- [iLl-'r TION THEREOF BY THE MAYOR AND CITY SECRETARY ON BEHALF OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS, AND DECLARING AN EMERGENCY WHEREAS the City Commission of the City of West University Place, Texas has heretofore, by Ordinance No. 335, duly and regularly passed and approved January 6, 1947, dete~ned the necessity for and ordered the permanent improvement of cer- tain streets in the City of West University Place, Texas, in accordance with plans and specifications prepared by the engineers for the City, and approved by the City Commission; and "'....., WHEREAS, pursuant to due and legal advertisement therefor, bids were received for the construction of said improvements, but said bids, upon examination and study, were each and all rejected by said City Commission; and WHEREAS the City Commission did thereafter and by its Ordinance No. 338, duly ; and regularly passed and approved March 5, 1947, find and determine that it was not practical to proceed with the improvement of the above and hereinafter mentioned streets as theretofmre provided for; and did by its said Ordinance app.1l'ove and adopt the revised and amended plans and specifications for such improvements prepared and submitted to it by Howe & Wise, theretofore duly appointed as engineers for the City; and did by its said Qrdinance amend Ordinance No. 335 of January 6, 1947, and ordered the construction of said improvements in accordance with said revised and amended plans and specifications; and WHEREAS, pursuant to advertisement for bi ds made in full compliance "With all Q requirements of law and the Charter and Ordinances of the City of West University Place, Texas, sealed bids were duJ;y- and leg~ received upon the date and at the i_~ time stated in said advertisement therefor, and having been duly and legally re- ceived, publicly opened and read aloud in a public meeting of the City Commission of the City of West University Place, Texas, were referred to the engineers for said City for tabulation, report and recommendation; and '[1 , I u '[I . ! 245 WHEREAS it a.ppears from the tabulation, report and recommendation of Howe & Wise, engineers for too City of West University Place, Texas, which report and recommendation is hereby approved and adopted, that Holland Page is the lowest responsible bidder and that his bid, in the sum of $325,044.73, is the lowest secure bid received for such improvements, and that the engineer has estimated the City's part of the cost of the paving and improving of said streets; and WHEREAS said Holland Page has executed and filed a good and sufficient performance bond and a good and sufficient maintenance bond, each with proper surety, as required by the City Charter, and has duly and regularly executed a contract for the performance of the work of paving and improving said portions of said streets, providing, among other things, for concrete reinforced with welded wire mesh, as heretofore determined upon by the City Commission, and is entitled to a contract fnom the City of .West University Place, Texas therefor; and WHEREAS, pursuant to ce,rtificate by the City Treasurer duly and legally made as to the availability of funds, the City Commission has heretofore by Or- dinance duly and legally passed, made appropriation from the fund to the credit of Street Paving and Bridge Bonds, 1946 in the City Treasury to pay the City's part of the cost of paving and improving said portions of said streets; Now, 'I:herefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEOCAS: Section 1. That the City Commission of the City of West University Place Tesas does hereby find and determine that each of the steps and proceedings hereinabove mentioned have been duly and legally taken and performed in full compliance with the law and the Charter and Qrdinances of the City of West University Place, TeXaS, and that all provisions and requirements of the law and of said Charter and Ordinances prequisi te to the letting and e~ecl1tion of a valid contract for the street improvement~ herein mentioned have been met and fully complied with. Section 2. That the report and recommendation of Howe & Wise, engineers for the City of West University Place, Texas, on the bids received March 21, 1947 for the pav;ing and improving of the hereinafter stated portions of the streets named is hereby approved and adopted. Section '1. That the lowest secure bid received for the paving and improving of the streets hereinafter named and within the limits stated is the sum of $325,044.73, submitted by Holland Page, who is hereby found and determined to be the loWest responsible bidder on said improvements, and said bid is hereby accepted. SeC'lt.; on J, & That the contract for the paving and improving of: Universi ty Boulevard from the west line of Kirby Drive to the east line of Communi ty Drive; and Weslayan Street from the south line of Riley Street (east of Weslayan Street) to U~ south line of Richmond Road; and Rice Boulevard from the west line of Kirby Drive to the west line of Belmont St!l?ee~; and t AudeItStreet from the north line of University Boulevard to the north line of Rice Boulevard is hereby;" awarded. to the said Holland Page. ..- .." r:i-' .: .~ ~,-~ ,".~-,-~:'~:J"!:'.: :~-i~~~t:-.. ....:..1 .,~:~;. "".~~,...... 1: I JI I Ii.. ..1. ~48 Section 5. That the performance bond presented by the said Holland Page, Standard Accident Insurance Company as surety and the one-year maintenance bond 0 presented by said contractor with Standard Accident Insurance Company as surety having been examined are hereby approved and accepted; and the Mayor of the City of West University Place is hereby authorized to approve and accept aaid bonds on behalf of the City. Section 6. That said Hol:Bnd Page, having heretofore executed a contract for making the improvements heretofore ordered by -the City Commission, and said contract having been examined, is hereby in all things approved; and the Mayor and City Secre-tary are hereby au-thorized and directed to execute said contract for and on behalf of and in the name of the City of West University Place, Texas. Sec-tion 7. The fact that the portions of the streets hereinbefore stated are in need of improvement as promptly as possible creates a public emergency and, therefore, this Ordinance shall be passed finally on the date of its intro- duction this, the 3rd d83' of April, 1947, and shall take effec-t'immediately upon its passage and approval by the Mayor. PASSED this, the 3rd day of April, 1947. Commissioners Lanmon, Hamlet-t, Douglass, Armer and Mayor Lee, voting aye; Connnissioners None voting no. APPROVED -this, the Third day of A pnl 1947. f). [] ATTEST: .~ en 'GRETARY ~ APPROVED: CITY ATTORNEY LJ