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HomeMy WebLinkAboutORD 401 - ORD Findings and Derterming all Proceeding to Execution of the Contract for Paving and Improving Jj , , .I L., , " ,J. ,I 242 ORDINANCE NO. 401 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 CERTAIN PORTIONS OF: I I I ~ MARQUETTE STREEl', IN THE 3900 AND THE 4100 BLOCKS THEREOF: AND VILLANOVA STREET, IN THE 4100 BLOCK THEREOF, AND SOUTHWESTERN STREET, IN THE 3800 AND 3900 AND THE 4100 BLOCK THEREOF, AND TENNYSJN STREET, IN THE 3900 BLOCK THEREOF, AND , ACADEMY STREET, IN THE 6000 BLOCK THEREOF, 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 BROGAN & WILLIAMS AS THE LOWEST. SECURE BID OF THE LOWEST RESPONSIBLE BIDDER, AND AWARDING TO IT THE CONTRACT FOR THE PAVING AND IM- PROVING OF SAID PORTIONS _OF SAID STREETS; APPROVING THE ACCEPTING AND AUTHORIZING THE APPROVAL AND ACCEPTANCE OF THE PERFORMANCE BONDS IN CONNECTION WITH SAID IMPROVEMENT; .FINDI NG ,THAT SAID CONTRACTOR H..AS PROPERLY EXECUTED A, CONTRACT FOR THE IMPROVEMENTS ORDERm, APPROVING SAID CONTRACT AND AUTHo- RIZING AND DIRECTING THE EXECUTION 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 Wes:t:U~versity Place, Texas, has heretofore by Ordinance No. 394 duly and regularly passed and approved August.23, 1948, determined the necessity for and ordered the '- permanent improvement of certain portions of Marquette, Villanova, South- western and Tennyson Streets, and by Ordinance No. 389 duly and regularly passed and approved June 21, 1948, detennined the necessity for and ordered the permanent improvement of a certain portion of Academy Street, all in the City of West University Place, Texas; and which improvements in each instance are to be constructed in accordance with plans and specifications prepared by the Engineer for the City-of West-University, Place, Texas, and approved by the City Commission in and by said respective Ordinances; and WHEREAS, pursuant to advertisement for bids made in full com- pliance with all requirements of law and the Charter and Ordinances of the City of West University piace, Texas, sealed bids were duly and legally re- ceived upon' the date ,and at the time stated in said advertisement therefor, and having been duly and lega~ly received, publicly opened and read aloud in' a public meeting of ,the City liommission of the City of West University Place,' Texas, were referred to the Engineeer for said City for tabulation, report a:nd recommendation; and , WHEREAS, it appears from the tabulation, report and recommendation of Henry .J. Johnson, Engineer for the City of West University Place, Texas, which report and recommendation is hereby approved 9114 adopted, that Brogan & Williams is the lowest responsible bidder and that its bid, in the sum of ] $8,760.43 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 im- proving of said streets; and [ r-----, L II , I L.J 24Q . c~ WHEREAS, said Brogan & Williams has executed and filed good and sufficient performance and:maintenance bonds with proper surety, as required by the City Charter, and has duly and regularly executed a contract for the perfoI'Illance of the work of paving 'and improving said: portions of said streets, providing, among other things, for:concrete with bar reinforce- ment, as-heretofore determined upon by the City COl1lIl1ission, and. is entitled to a contract from the C~ty of West University. Place, Texas, therefor; and WHEREAS, pursuant to certificate by the City Treasurer duly and legally made as to the availability of funds, the City: Gommission has here- tofore by Ordinance, duly and legally passed, made. appropriat:lon 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, THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF 'rHE CITY OF WEST , UNIVERSITY PLACE, TEXAS: Section 1: Tha t the City COllIIllission of the City of West University Place, Texas, does hereby find and determine that each.of the steps and proceedings hereinabove mentioned have been duly and legally taken and performed in full canpliance with the law and Charter and Ordinances of the City of West University Place, Texas, and tha,t all provisions and requirements of the law and of said Charter and Ordinances prerequisite to the lett ng and execution of a valid Contract for the street. improvements herein mentioned have been met and fully complied with.. Section 2: That the report and recommendation of Henry J. Johnson, Engineer for the City of West University Place, Texas, on the bids received September 10, 1948, for the paving and improving of the hereinafter stated portions of the streets named is hereby approved and adopted. Section 3: ' That the lowest secure bid received f or the pavi'ng and improving of the streets hereinafter named and wi thin the limits stated is the sum of $8,760.43 subInitted by Brogan & Williams, who is hereby found and determined to be ,the lowest responsible bidder on said'improvements, and said bid is hereby accepted. Section 4: That the contract for the paving and improving of certain portions of: MARQUETTE STREET, in the 3900 and the 4100 blocks thereof; and VILLANOVA STREET, in the 4100 thereof; and SOUTHWESTERN STREET, in the 3800 and 3900 and the 4100 block thereof, ' and TENNYSON STREEI', in the 3900 block thereof and ACADEMY STREEr, in the 6000 block thereof, as more specifically described and set forth in the respective ordinances hereinabove mentioned and in said contract hereinafter authorized, and con- II. (:'., . , ;" J. ',-, I 244 stituting separate segregated, independent and unrelated. sections as there- in set forth, is hereby awarded to Brogan,& Wil1iam~. . ~ ~ Section 5 :' That the performance and maintenance' bonds pre- sented by the said Brogan & Williams with. U. S. Fidelity & Guar~ty Company of Baltimore, Maryland 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 Brogan & Williains, having heretofore exe- cuted a contract for making the improvements_heretofore prderedby the City Commission, and:.:. s~idcontract haVing been 'examined;- ,is hereby in 'all', things approved; .', and the Mayor and City Secretary 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 7: The fact that the portions of the s.treets herein- before stated are in need of improvement as promptly as possible creates a public emergency, ,ahd, therefore:, this Ordina..'1ce :shall ,bep_ass,ed finally on the date of its introduc'tion this,,_the 20th day: 0.[ September~ 1948", and shall take effect immediately upon its passage and. approval by the Mayor. PASSED this, the 20th day. of 'September_J '1948. Commissioners Armer, Hamlett, Lanmon, Terry'and Mayor Lee voting aye. Commissioners - none - voting noe. APPROVED this, the 20th day of September, 194.8. ATI'EST: APPROVED: .. .'- CITY ATTORNEY l ~ :_~ ]