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HomeMy WebLinkAboutORD 431 - ORD Finding & Determing Procceding and Prerequiste for paving Improvement at Milton and Rice Blvd , BS,{, ORDINANCE NO.. 432 ---. I AN, ORDINANCE FINDING AND DETERMINING THAT A~L PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE.TO THE' EXECUTION OF THE CONTRACT FOR THE PAVING AND, IMPROVING OF.: I I .--J ;" J.. \ ~ . MILTON STREET from West line of AUDEN STREET TO East Line of, COLLE(}E STREET; and RICE BOULEVARD from the East Line of COLLEGE STREET to the East Line of WE.')LAYAN STREET,._ , , APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ENGI- NEER 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 R~J)ONSIBLE BIDDER, AND AWARDING . TO THEM THE CONTRACT FOR THE, PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; APPROVING AND ACCEP'l'ING.-AND AUTHORIZING THE APPROVAL AND ACCEPTANCE OF THEPERFQRMANCEBONDANDMAINTENA,NCE .BOND IN CONNECTION WITH SAID IMPROVEMENT; .,FINDING THAT, SAID CON- TRACTOR HAS PROPERLY.EXECUTED A CONTRACT FOR THE: IMPROVEMENTS 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. ---., WHEREAS, th,e City Commission of the City of West University Place, Texas, has heretofore, by Ordinance No. 423, duly and regularly passed and .approved October 25, 1948, determined the necessity for and ordered the per- manent'improvementof certain ,streets in the City.of,WestUniversity Place, Texas, in accordance with plans and specifications prepared by the'~ngineer for the City, ,and approved by the City Commission; and "/d.' . , 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, sea~ed 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 Ci tyCommission 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 recommendation of Henry J. Johnson, engineer for the City of West UniveJ;'sity Place, Texas, whicp. report and recommendation is hereby approved and adopted, that Brogan & Williams is the lowest responsible bidder and that its bid, in the sum of $17,857.30, is the lowest secure bid received for such improvements; and that.th~ engineer has estimated the City's part of the cost of the paving and improving of said streets; and - - , , WHEREAS~ said Brogan & Williams has executed'apd filed good and sufficient performance and maintenance bonds with proper surety, as re- quired by the C~ty 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 rein- forcement, as heretofore determined upon by the City Commission,,' and is. en- titled ,to a oontract from the City of West 'University Place" Texas" therefor; and IiI ~~, ~:~-: " -',f' .lIt I ~ . , .-------- '1:__1.. .,;. :.,1 ,l ~ ',- ~.:. ,. ::]~:. : WHEREAS, pursuant to certificate by the City Treasurer/ duly and legally made as to the availability of, funds, the City Commission has her.etofore by Ordinance,dl,1ly 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 and improving said portions ?f said streets; NOW, THEREFORE, ,'r, Il l~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSI TY 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 her:einabove mentioned have been duly and legally taken and performed in full comp.'iliance with the law and Charter and Ordinances of the City of West Ohiversity 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 va~id contract for the str~t improvements herein mentioned have been met and fully complied with. Section 2. That the repQrt and recommendation of Henry J. Johnson, 'engineerifor.:,the City. of West Uni versi ty Place, Texas, on the bids received November 19,1948, for the paving and improving of the hereinafter stated portions of the streets named is hereby approved and adopted., Section 3. That the lowest ,sec~e bid received for the paving and improving of the streets hereinafter.named and within, the limits stated is the sum of $17,857.30, submitted by Brogan & Williams, which is hereby found and determined to be the . lowest responsible bidder on' said iinprovemen ts, and said. bid is hereby acceptjild.', Section 4. That the contract for the paving, and improving of: MILTON STREET, from West :J:,1ne of AUDEN 'STREEl' to East Line of COLIiE-GE,'STJUj:E'P) and RICE BOULEVARD from the~s.t Line of COLLEGE STREEl' to the East Line of wEsLAY~ STREET", n I~ is hereby awarded to the said Brogan & Williams. Section I). That the performance and maintenance bonds presented by the said Brogan & Williams 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.bonds on behalf of the City. Section 6. . That said-Brogan & Williams, having heretofore exe- cuted a contract for making the improvements heretofore ordered by the City Commission, and said contract having been examined, is hereby in all, things approved; and the Mayor and: City Secretary are hereby authorized and di- rected, 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 Il stated are in need of improvement as promptly as possible creates a public emergency"and"therefore, this Ordinance shall be passed finally on the i~ , ~ -, J 81: date of its in~roduction this, the 22nd day of November, 1948; an~ shall take effect immediately upon its passage and approval by the Mayor. PASSED this, the 22nd day of November 1948., Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye; Commissioners - none voting no. APPROVED this, the 22nd day of'November, 1948. ATTEST: ~~:.- --/ ~ , ,. City S e ary , .. ",.