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HomeMy WebLinkAboutORD 478 - ORD Finding & DXetermining All Proceeding and Prerequiste to the Execution of Contract for Paving & Improvment 191 O'RDINANCE NOA &78 AN ORDINANCE FINDING AND DETERMINING TElA. T ALL PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE EXE- CUTION O'F THE CONTRACT FOR THE PAVING AND IMPROVING OF CERTAIN PORTIONS OF: 4100 BLOCK OF BYRON STREET, WITH INTERSECTION AT WEST POINT STREET; 4100' BLOCK OF CASE STREET, WI TH INTERSECTI ON AT WEST POINT STREET; WEST POINT STREET FROM THE SOUTH PROPERTY LINE OF CASE STREET TO THE NORTH PROPERTY LINE OF BYRO'N STREET; APPROVING AND ADOPTING THE REPORT AND RECOj1MENDATION OF THE ENGINEER ON BIDS RECElVEDFO'R THE PAVING AND'; IMPROVIIW OF SAID PORTI ONS OF SAID STREETS; ACCEPTING THE BID OF RUSS MITCHELL, INC. AS THE LOWEST SECURE BID OF THE LOw'EST RESPONSIBLE BIDDER, AND AWARDING'TO IT THE CONTRACT FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREETS; APPROVING AND ACCEPTING AND AUTHO- RIZING THE APPROVAL AND ACCEPTANCE OF THE CONTRACTOR'S BONDS IN CONNECTION WITH SAID IMPROVEMENT; FINDING THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT FOR THE IMPROVEMENTS ORDERED; APPROVING SAID CONTRACT, AND AUTHORIZING AND DIRECTING THE EXE- CUTION THEREOF BY THE MAYOR AND CITY SECRETARY ON BEHALF OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of West University Place, Texas, has heretofore determined the necessity for and ordered the perma- nent improvement of certain portions of Byron, Case and West Point 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 specifi- cations prepared by the Engineer for the City of West University Place, Texas, and approved by the City Commission; and WHEREAS, pursuant to advertisement forbids made in full compli- 'ance 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 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 referred to the Engineer for said City for tabulation, report and recommeuda tion; and WHEREAS, it appears from the tabulation, report and recommendation of Irving L. Peabody, Engineer for the City of West University Place, Texas, which report and recommendation is hereby approved and adopted, that Russ Mitchell, Inc. is the lowest responsible bidder and that its bid, in the sum of $25,327.85 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 : ~ ::S~_ 1--_____ ,1....l..Ll ~llll ----------. T 192' and improving of said streets; and WHEREAS, said Russ Mitchell, Inc. 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 performance of the work of paving and improving said portions of said s:treets, proViding, among other things, for concrete with bar reinforcement, as hereto- fore determined upon by the City Gommission 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 legally made as to the availability of funds, the City Commission has hereto~ fore by-Ordinance, duly and legally passed, made appropriation from the fund to the credit of Street Improvement Bonds, Series 19h8, 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 CmAMISSION 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 wi th 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- J cution of a valid Contract for the street improvements herein mentioned have been met and fully complied with. Section 2. That the report and reconunendation of Irving L. Peabody, Engineer for the City of West University Place, Texas, on the bids received May 26, 1949, 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 for the paving and improving of the streets hereinafter named and wi thin the limits stated is the sum of $25,327.85 submitted by Russ Mitchell, Inc., which is hereby found-arid determined to be the lowest responsible bidder on said improve- ments, and said bid is hereby accepted. Section 4. That the contract for the paving and improving of certain portions of: 4100 block of Byron Street, with intersection at West Point Street; 4100 block of Case Street, with intersection at West Point Street; West Point Street from the South property line of Case Street to the North property line of Byron Street, ~l J as specifically described a~d set forth in said contract hereinafter au tho- --. i i ---' I I I t93 rized, and constituting separate segregated, independent and unrelated sections as therein set forth, is hereby awarded to Russ Mitchell, Inc. Section 5. That the performance and maintenance bonds pre- sented by the said Russ Mitchell, Inc. with Standard Accident Insurance Co., as Surety, having been exammed, are hereby approved and accepted; and the Mayor of the City of West University Place is 'hereby authorized to ap- prove and accept said bonds on behalf of the City. Section 6. That' said Russ Mitchell, Inc., having heretofore executed 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 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 herein- before stated are in need of improvement as promptly as possible creates a public emergency, ana., therefore, this Ordinance shall be passed finally on the date of its introduction this the 11th day of July, 19h9, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this the lith day of July, 19h9. Commissioners Buschardt, Hamlett, Holman, Terry and Mayor Lanmon voting aye'. None - Voting no. APPROVED this the 11th day of July, 1949. ATTEST: ~~/ etary ~ L 1111 III