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Home My WebLink AboutORD 417 - ORD Finding and Determing all Prequistes to the Excution of the Contract for street Intersection 3f ORDINANCE NO. u17 -------'1 ., AN ORDINANCE FINDING AND DETKqMINING THAT ALL PROCEEDINGS HAVE HERE- TOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE EXECUTION OF THE CONTRACT FOR 'fHE PA VL,!G AND IMPROVING OF: ~ -.J STREET INTERSECTIONS ON: F AIHMOUNT STREET, WEST POINT STREET, FAIRHA VEN STREET, ACADEMY STREET, WESLAYAN STREET, , COLLEGE STREET, AND BROVVNING STREET, ON VillICH BIDS WERE RECEIVED, AUGUST 9, 19u8; APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON BIDS RECEIVED FOR THEP A VING AND IMPROVING OF SAID INTERSECTIONS; FINDING AND DETERMIN- ING THAT THE BID OF BRaGA-TIT & WILLIAMS HAS BEEN HERETOFORE ACCEPTED AS THE LOWEST SECURE BID OF THE LOWEST RESPONSIBLE BIDDER AND AGAIN ACCEPTING SAID BID AS SUCH; RATIFYING THE EARLIER AWARD OF A CONTRACT TO BROGAN & WILLIAMS FOR THE PAVING AND IMRROVING OF THEINTERSEC- TIONS COMP~ISING SECTIONS NO. 10, 14 AND 15; APPROVING AND ACCEPTING AND AUTHORIZING THE APPROVAL AND ACCEPTINCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION 7ITTH THE IMPROVEMEl,r T OF THE RE- MAINING SECTIONS, TO-WIT, SECTIONS 1 TO 9, INCLUSIVE, NOS. 11 TO 13, iNCLUSIVE, AND NOS. 16 TO 34, INCLUSIVE; FINDING. THAT SAID CONT?cACTOR HAS PROPERLY EXECUTED A CONTRACT FOR THE IMPROVErvIEN TS ORDERED ON SAID SECTIONS; APPROVING SAID CONTRACT AND AUTiORIZING AND DIRECTING THE EXECUTION THEREOF BY THE MAYOR AND CITY SECRETARY ON BEHALF OF THE CITY OF lJ1lEST UNIVERSITY PLACE, TEXAS, AND DECLARING AN EMERGENCY. VillEREAS, the City Commission of the City of West Uni versi ty Place, Texas, has heretofore determined the necessity for and ordered the permanent, improvement of certain street intersections in the City of West University Place, Texas, in accordance with plans and specifications prepared by the Engi- neer for said City and approved by the City Commission; and WHEREAS, pursuant to advertisement for bids m.ade in full compliance with all r~quirements of law and the Charter and Ordinances of the City of 1V8St University Place, Texas, sealed bids were duly and legall~ received upon the date and at the time st~ted in said advertisement therefor, and having been duly a.'1d legally 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 ~s,?-iC\,City' for tabulation, report a7~d recommendation; and WHEREAS, said Engineer for the City thereafter filed his tabulation, report and recommendation as required, and it appeared and appears therefrom that Brogan & Williams was and is the lowest responsibl~ bidder, and that its bid in the sUm of $j3,053.75 was and is the lowest secure bid received for such improvements; and ( vVHEREAS, the City Co~~ss~on has heretofore, after proper appropriatio~, awarded a contract to said Brogan & Williams on certain of said street inter- ~ sections qomprising segregated Sections Nos. 10, 14, and 15, as hereinafter set ~"'-ki:'~~,-- ~ ,r lr. .."., ..J. ; .I 32 forth, and said contract has been heretofore duly executed on said portions of the work; and the City has now determined to award the 'contract on the remainder of said segregated sections as hereinatter set forth; 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 and adopted, that Brogan & Williams is the lowest responsible bidder and that its bid, in the sum of $53,053.75, is the lowest secure, bid received for such improvements; and !I I i U 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 per- form~nce of the work of paving and improving the remainder. of said intersections, providing, among other things, for' concrete with bar reinforcement, as hereto- fore 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 le- gally made as to the availability of thnds, 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 cost of paving and improving said remaining intersections, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLA CE, 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 arid 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 exe- cQtion of a valid contract for the street improvements herein mentioned have been met and fully complied with. I i '---.J Section 2. That the report and recommendation of Henry, J. Johnson, Engineer for the City of West University Place, Texas, on the bids received Au~st 9, 1948, for the paving and improving of the hereinafter stated portions of the streets named, is hereby again approved and adopted. I Section 3. That the lowest secure bid received for the paving and improving of the intersections .comprising Sections Nos. 1 to 34, inclusive, on which bids were received August 9, 1948, is the sum of $53,053.75, submitted by Brogan & Williams; that the City Commission finds and determines that it has heretofore found and determined said bidder to be the lowest responsible bidder on said improvements, and said bid to be the lowest bid, and that same has been heretofore accepted; and said bid is here a~ain found to be the lowest secure bid submitted by the lowest responsible bidder on such improvements, and is hereby again accepted. Section 4. That the action of the City Commission in first awarding the contract on certain segregated sections of the work pursuant to appro- priation theretofore made by Ordinance No. 405 duly and regularly passed and approved September 20, 1948, is hereby in all things ratified, approved and , confirmed; and the contract heretofore executed for the paving and improving of 'I I , 33 the following intersections, to-wit, 1 Section 10~ West Point and Villanova; Section 14, Fairhaven and'Marquette; Section 15, Fairhaven and Southwestern; is hereby ratified and approved. Section 5. That the contract for the paving and improving of :the remainder of said intersections comprising the following segregated sections, to-wit: Section No. Section No. Section No. Section No. Section No. Section No. Section No. Se ction No. Section No. Section No. SectionNo~ Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. 1 - Fairmount and Lehigh 2 -Fairmount and Emory 3 - Fairmount and North Half of Judson 4 - West Point and Milton 5 - West Point and Amherst 6 - West Point and Swarthmore 7 - West Point and Case 8 -West Point and ~ron 9 - West Point and Oberlin 11 - West Point and Marquette 12 - West Point and Southwestern 13 - West Point and Ruskin 16 - Fairhaven and Ruskin 17 - Academy and Swarthmore 18 - Academy and Case 19 Academy and Byron 20 - Academy and Oberlin 21 - Academy and Villanova 22 - Academy and Marquette 23 - Academy and Southwestern 24 - Academy and Riley 25 - Academy and Ruskin 26 - Weslayan and West Half of Ruskin 27 College and Brol~ing 28 - College and Milton 29 - College and Amherst 30 - College and Swarthmore 31 - College and Case 32 - College and Byron 33 - College and Oberlin 34 - Browning between Academy and Weslayan is hereby awarded to the said Brogan & Williams.. Section 6. That the performance and maintenance bonds presented by, the said Brogan & Williams, Idth U.S. Fidelity and Guaranty Co. 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. -1 Section 7. That said Brogan & Williams, having heretofore executed a contract for making the improvements on the respective segregated sections as set forth in Section 5 hereof, and said contract having becenexamined, sa.'lle " 1" . . . .. -.-........ Ir :Jr--I~- -. ....------------- '1;:,.__. .r......!. ..J ~~ ..::-,':.. ,~l 34: 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 8. The fact that the street intersections hereinbefore mentioned 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 25th day'of October, 1948, and shall t~~e effect immediately upon, its passage and approval by the Mayor. PASSED this the 25th day of October, 1948. Commissioners Armer, Terry and Mayor Pro tem Lanmon voting aye. None - Voting no. APPROVED this the 25th day of October, 1948. ~ Mayo Pro , City of West University , ATTEST: ' . '~ ~tet~ ;;;.;" " o o o