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Home My WebLink AboutORD 415 - ORD Finding & Derterming all Proceedings, Prerequistes to the Execution of the Contracts 2,1, ORDINANCE NOa Ll~ I AN ORDINANCE FINDING AND DETERMINING THAT ALL PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE, EXECU- _ TION OF THE CONTRACT FOR THE PAVING AND IMPROVING OF: --' - SECTION NO.3: UNIVERSITY BOULEVARD FROM THE EAST LINE OF, l.1VESLAYAN STREET TO THE EAST LINE OF COMMUNITY ,,sTREET; AND ,:,." ,.,<~"SEdTION' NO~:5:".'ftIJ;},E. BOULEVAJ:ill FROM ,THE WEST LINE OF AUI1~ STREET TO THE EAST LINE OF COLLEGE STREET; APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON BIDS RECEIVED FOR THE PAVING AND IMPROVEING OF SAID PORTIONS OF SAID STREETS; AWARDING THE CONTRACT FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS TO .RUSS MITCHELL, INC., WHO ,:HAS BEEN HERETOFORE FOUND AND DETERMINED TO BE THE LOWEST RESPONSIBLE BIDDER ON SAID IMPROVEMEi'JTS AND WHOSE BID HAS HERETOFORE BEEN ACCEPTED BUT HELD IN A13EYANCE; APPROVING AND ACCEPTING AND AUTHORIZING THE APPRO- VAL AND ACCEPTANCE OF'THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION WITH SAID IMPROVEMENTS; FINDING THAT SAID CONTRACTOR HAS ' PROPERLY EXECUTED A CONTRACT FOR THE IMPRO VEMENTS ORDERED, APPROVING SAID CONTRACT AND AUTHbRIZING AND DIRECTING THE EXECUTION THEREOF BY THE MAYOR AND ::CITY SECRETARY'oUNi' BEHALF OF THE CITY o9:F ~! UNIVERSITY PLACE, TEXAS, AND DECLARING AN .$MERGENCY. I .......J WHEREAS, the City Commission of the City of West, University Place, Texas, has heretofore by Ordinance No. 371, duly and regq1arly passed and ap- proved April 20, 1948, determined the necessity for and ordered the permanent imprQvement of certain streets in the City 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, Ordinances .0f',ihe.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 legally received, publicly opened and read aloud in a public meeting of the City Commission of the City of West University Place, ,Texas; ,were re- ferred to the Engineer for said City for tabulation, report and rec'ommendation; and ' ,~ . WHEREAS, it appears from the tabulation, report and recommendation of Henry J. Johnson, Engineer for the City of West University Place, Texas, hereto- fore presented and fileQ, that Russ Mitchell, Inc. is the lowest responsible bidder and that its bid is the lowest secure bid received for'such'lIDprovements; and that the Engineer has estimat,ed the City's part of the cost of. the paving and improving of the respective segregated sections of said streets; and I I ~ lfffiEREAS, by its Ordinance No. 386, duly and regularly passed and ap- proved June 21, 1948, the bid of said Russ Mitchell, Inc. for the work on Sections 1, 2 and 4 as therein set out was accepted and contract awarded thereon; and the bid of said Russ Mitchell, _Inc. on,~the above and hereinafter described Sections 3 and 5 was accepted but held in abeyance in accordance with agreement between the parties; and the_ City now desires to award a contract at this time I lr Jr I - -. ,1- ~ ,J, ,I n's ~. for the construction of the improvemerltson the. separate, segregated and unre- . lated Sections 3 and 5 as hereinafter set out, and said contractor's low bid for the construction of such improvements on said sections aggregates the sum of $46, 037.85; and [] WHEREAS, said Russ Mitchell, Inc. has executed and filed good and sufficient performance and maintenance bonds with prop~r 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 with bar reinforcement, as here- tofore determined upon by the City Commission, and is entitled to a contract from the City of West University Place, Texas, therefor; and WHEREAS~ pursuant to certificate by the City Treasurer duly and legal~ ly made as to the availability of funds, the City Commission has heretofore .' by Ordinance, duly.and legally passed, made appropriation from the fund to the credit of Street Improvement Bonds Series 1948, in the City Treasury to pay the City's part of the cost of paving arid 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 City Commission of the City of West University Place, Texas, does hereby find and determine that each of the steps and pro-' ceedings hereinabove mentioned have been duly'and legally taken and,performed in full compliance with the law and Charter and Ordinances of the City of Wes t University Place~ Texas, and that all provisions and requirements g.f,the law :l and of said Charter and Ordinances prerequisite to the letting and execution of a valid contract for the street improvements on said respective s,eparate,' ,U segregated, unrelated Sections 3 and 5, as 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 May 20, 1948, for the paving and improving of the hereinafter stated portions of the streets named is hereby again approved and adopted. Section '3.. That the lowest secure bid received for the paving and improving of those portions of the streets hereinafter named and within the limi~ stated is the sum of $46,037.85, submitted by Russ Mitchell, Inc., who 'is hereby again found and determined to be the lowest re~onsible bidder on said improvements and said bid is hereby again accepted.' ' / Section h. That the . contract for th~ paving and improving of: Section No.3: University Boulevard from the East line'of Weslayan Street to ,the East line of COIDmunity Street; and Section No.5: Rice Boulevard from the West line of , Au den Street to the ,East line of College Street, , l, is hereby awarded to the said Russ Mitchell, Inc. II i I I U Section t;. That the performance and maintenance bonds presented by the said Russ Mitchell, Inc., with Standard Accident Insurance Co., as Surety, 29 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 s~id bonds on behalf of the City. I -..! Section 6. That said Russ Mitchell, Inc., having heretofore executed a contract for making the,improvements on the respective segregated, separate, and unrelated sections Nos. 3 and 5, as hereinabove designated, and as hereto- fore ordered by the City Commission, and said oontract 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 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 introduction this, the 11th day of October, 1948, and shall take effect immediately upon its passage and approval by the :Mayor. PASSED this, the 11th day of October, 1948. COMMISSIONERS Armer, Lanmon and Terry and Mayor Lee voting aye. N0NR - Voting no. APPROVED this, the 11th day of October, 1948. ..~~8~ !ff21YO OF t; CITY OF ~T ~ 'ITY " PLACE, TE;US'- ATTEST: ~~~ CITY S TAR!. [' .. . I" , . I if