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Home My WebLink AboutORD 386 - ORD Finding & Determing the Execution of the Contract for Paving Improving I, JI I ,I L",J ,.." ,1 180 ORDINANCE NO. 386 ] 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: SECTION NO.1: UNIVERSITY BOULEVARD FROM THE WEST LINE OF KIRBY DRIVE TO THE WEST LINE OF BELMONT STREET; AND SECTION NO.2: UNIVERSITY BOULEVARD FROM THE WEST LINE OF BELMONT STREET TO THE, EAST LINE OF _SEWANEE STREET; AND . . , , ' SECTION No.4: THE NORTH HALF OF UNIVERSITY BOULEVARD FROM THE EAST LINE OF LOT 5 TO THE WEST LINE OF LOT 4B, ALL IN BLOCK 44, WEST UNIVERSITY PLACE, SECOND ADDITION, APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON BIDS RECEIVED FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; ACCEPTING THE BID OF RUSS MITCHELL, INC. AS THE LOWEST SECURE BID OF THE LOWEST RESPONSIBLE BIDDER, AND AWARDING TO IT THE CONTRACT FDR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; APPROVING AND ACCEPTING AND AUTHORIZING: THE APPROVAL AND ACCEPTANCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION WITH SAID IMPROVEMENT; FINDING THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT FOR THE IMPROVEMENTS ORDERED, APPROVING SAID CONTRACT AND AUTHQt'lIZING AND DIRECTING THE EXECU~ TION THEREOF BY, THE MAYOR AND CITY SECRETARY ON BEHALF OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND DECLARING AN EMERGENCY. 'I ~- WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore by Ordinance No. 371, duly and regularly passed and approv~d,April 20th, 1948, determined the necessity for and ordered the permanent improvement of certain streets in the Ci:ty of West University Place, Texas, in accordance with plans and specifications prepared by the Engineer for the City, and approved by the City Commission; and 'WHEREAS, pursuant to advertisement for bids made in full compliance with all requirements of law and the Charter and Ordiriances of the City of West University Place, Texas, sealed bids were duly and legally received upon the date and at the time stated in said advertisement therefor, and having been duly and legallly 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 recommendation; and .. WHEREAS, it appears from the tabulation, report, and recommenda- tion of Henry J. Johnson, Engineer for the City of West University Place, Texas, which report and recommendation are ,hereby approved and ,adopted, that Russ Mitchell, Inc. is the lowest responsible bidder and that its bid is the lowest secure,bid received for such improvements; and that the ' ,) I ~ 181~ II t I U Engineer has 'estimated the City's part of the cost-of.the paving and improving the respective segregated sections of said streets; and c.. WHEREAS, the City desires to award a contract at this time ,for the construction of the improvements on only the separate, segregated and unrelated sections numbered I,' 2,' and 4, as hereinafter set out, as distinguished from awarding a contract at this time on all of the five such sections'; and said Contractor's low bid for the construction of such improvements on said sections 1, 2, and 4 aggregated the sum of $99,522.47; and WHEREAS, said Russ Mitchell, Inc. has executed and filed good and sufficient performance and maintenance bonds with proper surety, as required by the City Char~ter, and has duly and regularly executed a contract for the perfct.ri~'iice of the work of paving and improving said portions' of said streets, providing, among other thiDgs, for concrete with bar reinforcement, as heretofore determined upon by the City Commission, and is entitled to a contract from the City of West University Place, Texas, therefor';'and , o WHEREAS, pursuant to cer;tifica te' by the City' Treasurer duly and legally made as to the availability of funds, the City Commission has here- toforeby Ordinance, 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'spart of the cost of paving and improving said ,portions of said streets; NOW, THEREFORE:' ' ' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST 'UNIVERSITY PLACE, .TEXAS: , " , Section 1. That ,the C:i:ty Commission of the City of We~t University Place, Texas, ,does hereby find and determine that each of the st.eps and proceedings hereinabove mentioned have been duly and legally taken am performed in full compliance with 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 for the street improvements on said respective separate,. segregated, unrelated Sections I, 2, and 4, as herein mentioned,havebeen met and fully cimplied with. Section 2. That the report and recommendation of Henry J. Johnson, Engineer for'the City of West University Place, Texas, on lthe. bids received May 20, 1948, for the paving and improving of the hereinafter stated portions of the streets named is hereby approved and adopted. [J Section 3. That the lowest secure bid received for the paving and' improving of those portionsofthest;r~ets hereinafter named and' within the limits stated is the sum of $99,522.47, submitted by Russ Mi tchell, Inc., who is hereby found and determined to be the . lowest responsible bidder on said improvements, and said bid is hereby accepted. i / IT I - ....,:, , 1, 182 Section 4. That the lowest secure bid received for the paving aid improv- ~:l ing of Section No.3, University Bo.ulevardfrom east line o,f Weslayan Street to the east line of Community Drive, and section No.' 5, Rice LJ Boulevard from the west line of Auden Street to the east line of ,College Street, is the sum of $46,037.85 submitted by Russ ~itchell, Inc., who is hereby found and determined to be the lowest responsible bidder on said portion of said impr()vement~, and ~ai4 bid is hereby accepted but held in abeyance without award of contract at this time, said contract to be later awarded in accordance with agreement between the parties. Section 5. That the contract for the paving and improving of: Section No.1,: University Boulevard from the West line of Kirby Drive to the West line of Belmont Street; and Section No.2: University Boul~vard from the West Line of Be1rD.onv.Street to the East line of Sewanee Street; and Section ,No.4: The North Half of University Boulevard from the East line of Lot 5 to the West line of Lot hE" all in Block 44, West University Place, Second Addition, is hereby awarded to the said Russ Mitchell, Inc. Section 6. T,hat, the performance and maintenance bonds pre- seAted by th,e said Russ Mitchell,'Inc., with , as Surety",hav1ng been examined, are hereby ,], , approved and accepted; and thE! Mayor of t,b.e City of West University Place _ is hereby authorized to approve and accept said bonds on behalf of the City. Section 7. That said Russ Mitchel:!;., Inc. ,. having heretofore executed a contract for making the improvements on the respective segregated, separate, and unrelated sections No.1, 2, and 4,. .as hereinabove designated, and as heretofore ordered by the City Commission, and ,said contract having been examined, is hereby in all things approved; and the Mayor and City Secretar,y are hereby authorized and directed to execute said contract for and on behalf of, and in the name of, the City of West University Place, Texas. Section 8. The fact that the portions of the streets herein- before stated are in need,ofimprovement as promptly as possible creates a public emergency, and, therefore, this Ordinance shall be passed finally on the date of its introduction this, the 21st day of June, 1948, and shall take effect immediately upon its passage and apPI,"oval by the Mayor. PASSED this, the 21st day of June, ],,948. voting aye; Commissioners Armer, Douglas, Hamlett, Lanmon, and Mayor Lee, Commissioners ,None voting no. ,] 18'3 o APPROVED this, the 21st d~ of June, 1948. ATTEST: CI Af?ImOJED : [ CITY ATTORNEY "",- o T' f" . '. '-.""~1 r' .. , II