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HomeMy WebLinkAboutORD 375 - ORD Approving and adopting the report and Recommendation of the Engineer II I I '---- 145 ORDINANCE NO. 375 AN ORDINANCE FINDING ,AND, DETERMING THAT ALL PROCEEDINGS HAVE HERETOFORE BEEN JW> AND AU. THrNGS DONE '~REQUISI'fE TO THE EXECUTION OF THE CONTRACT FOR THE PAVING AND IMPROVING OF: " ' -', ' RICE BOULEVARD from West Line of KIRBY DRIVE to West' Line of BELKOIf!' STREEr.; and WAKEFOREST STREET from the North Line of RICE BOULEVARD to the North Line of PLUMB STREET~ APPROVING AND ADOPrING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON BIDS RECEIVED FOR THE PAVING AND "IMPROVING OF SAID PORTIONS "OF, SAID STREETS.; ACCEPrING THE BID OF RUSS MITCHELL, INC. AS THE IllWEST SECURE BID OF THE LOWEST RESPONSIBLE BIllER, AND AWARDING TO IT, THE, CONTRACT FOR THE PAVING AND IMPROVING OF SAm PORl'IONS OF SAID' STREETS.; APPROVING AND ACCEPTING AND AUTHORIZING THE APPROVAL AND ACCEPrANCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION WITH SAID mPROVEMENT.; FnIDING. THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT ,FOR THE IMPROVEMENTS ORDERED, APPROVING SAm CONTRACT AND AUrHORIZING AND DIRECTING THE ElECU'l'ION THEREOF BY THE MAYOR AND CITY SECRETARY ON BEHAIF (F THE CITY ,oF WEST, UNIVERSITY PLACE, TEXAS, AND DECLARING AN El4ERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore, by, Ordinance No. 370 , <iuly and regularly passed and approved April 14th, 1948, determ:in,ed tnenecessi ty 'for and ordered the I' permanent improvement of~ Certain streets' in the City of West U'ni versity Place, I, Texas, in' accordance with plans and specificationS prepared by the engineer for I,! ~ the City, and approv,:ed by the City Commission; and . [~ . } /-1 WHEREAS, Pitrsuant to advertisement for bids made in fUll compliance with all requireme~ts of law and the C;harter and Ordinances of the City of' West University PlaCe, Texas, sealed bids were duly and leg~ received upon the date and at the time stated in said adVertisement therefor, and having been d~ and legaJ.J.y received, 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 engineer for said City for tabulation, report and recoDllllendation; and WHEREAS, it appears from,:the tabulation, report and recommendation of Henry J. Jolmson, engineer for the City of West University PlaCe, Texas, which' report and recommendation is hereby approved and adopted, that Russ MitchelJ.,' Inc. is the lowest responSible, bidder and that, its bid, in the sum of $48~67 .94 is the lowest secure bid received for such improvements , and that the eng eer has estimated the City's part of the cost 'of the paving and improving of said streets.; and WHEREAS, said Russ Mitchell, Inc.. has executed and filed good and sufficient perfomance and maintenance"bonds with prope,r surety, as required by the City Charter, and has du4r and, regular:Qrexecuted a contract for the perfonnance or the work of paving and improving said portions of said streets, providing, among other things, for concrete nth ba:- reinforcement, as heretofore deteImined upon by the City ColllllIi.ssion, and is entitled to a contract from the City ot West University Place" Texas, .therefors and ' I' .... . ~. :. C:".:3, ! ....ll Ii i ,1 r: :_ .. ' , , I 146 WHEREAS, pursuant to cerliif'ieate by the City Treasurer duly and legally made as to the availability of funds, the City CoDlllission has heretofore by' Ordinance, 'duly and 1egaJ.~ passed, made appropriation from the fund to the credit of Street Paving and Bridge Bonds, 1946, in the City Treasu27 to pay the City's parl# of the cost of paving and improving sSid portions of said streets; lUV, THEREFORE: ' BE IT ORDA.IHED BY THE CITY COMMISSION <F THE CITY (F WEST UNIVERSITY PLA.CE, TEXAS: Section 1. That the City Commission of the City ~f West University Place, Texas, does hereby' find and determine that each of the steps and proce~dings hereinabove mentioned have been d~ and lega:I.q taken and performed in full. compliance wi:th the law and Charter and Ordinances of the City of West University Place, Texas, and that all' provisions and ,requirements of the law and of said Charter and Ordinances prerequisite to the letting and execution of a valid contract tor the ' street' improvements herein mentioned have been met, an4 fully complied with. ,_ ' Section 2. That the report and recommendation of Hemy J. Joluison, eilgineer for the City of West University Place, Texas, on the ,bids received April 29, 1948, for the paving and improving of 'the hereinafter stated porliions of the streets named is hereby approved and aaopted. Section 3. That the ,lowest secure bid received for the paving' and improving o~:t~ streets hereinafter ,named and within 'the limits stated is the sum of $48,967.94, submitted by Russ Kitchell, Inc., who'is hereby found and deteDlined', to be the lowest responsible bidder on said improvements, and said bid is' hereby accepted. Section 4. That the contract for tp.e paving and improving of: RICE BOULEVA1ID from West Line' of KIRBY DRIVE to West Line of BELllONr STREETj and WAKEFOREST STREET from the Norlih Line or ,m:CE BOULEVARD to the North Line of PLUMB STREET, is hereby' awarded to the said Russ Mi:tehell, Inc. Section 5. That the performance and maintenance bonds presented by the said liuss Mitchell, !ne., Standard Accident Insurance Compan;r 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 said bonds on behalf of the - City. ' Section 6. That said Russ Mitchell, Inc., having heretofore executed a contract 1:or making the improvements heretofore ordered by the City Commission, and said' contract having been examihed, is hereby in' al1 things approved; and the Mayor and' City Secretar,yare hereby' authorized and directed 'to execute said contract for and on bebaJ.f of and in the name of the' City of West University Place, Texas. 'Section 7. The fact tha~ the portions of the streets hereinbefore stated are in need of improvement as promp'liq as possible creates a public emergency, and, therefore, this Ordinance shall be passed fina.11y" on the I i I :~ il I , I i i~J I ! I I I '-......./ 147 (' i i I , ,~, date of its introduction this" the loth day of MaYJ 1948" and shall take effect immediatequpon its passage and approval by the Mayor. PASSED this" the lmh day of May" 1948. Commissioners Lanmon" Amer" Douglass and Hamlett J and Mayor Lee voting aye: ' Commissioners - None - voting Noe. APPROVED th:j.s" the,lot;h day of Mq, 1948. ~6~ '/~.tFr~cm rIT! PlACE, TEXAS ATT:EST: ,-----', I ! ~_/ 'cmsrem ....... ~. I L" APPROVED: CITY' ATTORNEY