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HomeMy WebLinkAboutORD 421 - ORD Finding & Derterming Proceeding and Execution of Contract for Paving and Improving 39 OF~INANCE NO. h21 ~ AN ORDINANCE FIN'DING AND DETERMINING THAT ALL PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE EXECUTION OF THE CONTRACT FOR THE PAVING AN'.J IM- PROVING OF CERTAIN PORTIONS OF: ~ SWARTHMORE STREET in the 4100 Block thereof; and BYRON STREET in the 3800 Block thereof; and CASE STREET in the 3900 Block thereof; APPROVING AND ADOPTING THE REPORT AND RECOMILtiENDATION OF THE ENGI- NEER ON BIDS RECEIVED FOR THE PAVING ANTI IMPROVING OF SAID POR- . TIONS OF SAID S'ffiEETS: ACCEPTING THE BID OF BROGAN & WILLIAMS AS THE LOiNEST SECURE BID OF THE LOWEST RESPONSIBLE BIDDER, AND AWARDING TO IT THE CONTRACT FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; APPROVING THE ACCEPTING ANTI Au-TIDRIZING THE APPROVAL AND ACCEPTANCE OF THE CONTFACTOR'S BONDS IN CONNEC- WITH SAID IMPROVEMENT; FINDING THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT F OR THE IMPROVEMEI\TTS ORDERED, APPROVING SAID CONTRACT AND AUTHORIZING 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. ---, . ~VHEREAS, the City Commission of the City of West University Place, Texas, has heretofore by Ordinance No. 407 duly and regularly passed and approved September 27, 1948, determined the necessity for and ordered the permanent improvement of certain portions of Swarthmore, Byron and Case Streets, 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 prepar~d 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 compliance with all requirements of law and the Charter and Ordinances 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 ~een duly and legally received, publ~cly opened and read aloud in a public meeting of the City Commission of the City pf West University Place, Texas, were referred to the Engineer for said City for tabulation, report and recom- mendatio;rl; and WHEREAS,.it appears from the tabulation, report and recommendation of Henry J. ~ohnson, Emgineer 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 $3,302.80 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 improving of said streets; and . ~VHEREAS, said Brogan & Williams has executed and filed good and sufficient performance and maintenance bonds withcproper surety, as required by the City Charter, an? has'dy.ly and regularly executed a contract for the per- "'....... < :~., '\;~'" .. . )I.~ ":.' ~:1' ; . . . . ow I Ir 40 :JI}- I~"""""" -. ,I~ ~..;. ;... '. ..-:1..__...... .-' ,formance of the work of paving and improving said portions of said streets, providing, among other tbings, 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 vVl1EREA~, pursuant to certificate by the City Treasurer duly and legally made as to the availability of funds, the City Commission has here- tofore 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-ts part 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 vVES'1' UNIVERSITY PLACE, TEXAS: Section 1: That the City Commission of the City of West Unive~sity Place, Texas, does hereby find and determine that each of the steps and pro- ceedings hereinabove mentioned have been duly and leg~lly taken and 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- cution of a valid Contract for the street improvements herein mentioned have been met and fully complied with. Sec~ion 2: That_the report and recommendation of Henry J. Johnson, Engineer for the City of West University Place, Texas, on the bids received . October 11,1948, for the paVing and improving of the hereinafter stated por- tions of the streets named is hereby approved and aqopted. Sectio11-11 That the lowest secure bid received for the paving and'improving of the streets hereinafter named anJ within the limits stated is the sum of $3,302.80 submitted by Broga~ & Williams, who is hereby found and determined to be the lowest responsible bidder on said improvements, and said bid is hereby accepted. ' I That the contract for the paving and improving of ce~- Section 4: tain portions of: --" SWARTHMORE STREET in the 4100 Block thereof; and BYRON STREET in the 3800 Block thereof; and CASE STREET in the 3900 Block thereof, as more specifically described and set forth in the respective ordinances hereinabove mentioned and in said contract hereinafter authorized, and con- stituting separate segregated, independent and unrelated sections as therein set \ forth, is hereby al'rarded to Brogan & Williams. J ,i iJ Section 5: That the performance and maintenance bonds presented by the said Brogan & Willi~s with 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 1,1 bonds on behalf of the City. U I ! I _I ~! -------- , 41.,. Section 6: That said Brogan & Williams, having heretofore executed a contract for making the improvements heretofore ordered by the CityCommis- sion, and said 'contract 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 improvementa.s promptly as possible creates a public emergency, and, therefore, this Ordinance shall be passed final~y on the date of its introduction this, the 25th day of October, 1948, and shall take effect inunediately upon its passage and apf,roval by the Mayor. PASSED this, the 25th day of October, 1948. Commissioners Lanmon, Terry and Mayor Lee voting aye. None - voting no. APPROVED this, the 25th dciY of October, 1948. ATTEST: #~<..~~,J City Se of ive Texas.