HomeMy WebLinkAboutORD 540 - ORD Finding & Determinning Proceedings, Prerequisite and execution Contract
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OlIDINMCE no. 540
4N ORDINANCE FINDING AND DEl'ERIvaNING THAT ALL PROCEEDINGS
HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQ.UISITE
TO THE EXEClJrION OF THE CONTRACT FOR THE CONSTRUCTION OF
APPROXIMATELY 460 LINEAL FEEl' OF. CAST IRON SANITARY SEWER
WITH MECHANICAL JOINTS ON WESLAYAN STREET FROM WESLAYAN
LIFT STATION SOUTH TO THE IVfANHOLE IN CASE STREET WITH
APPURTENANCES AND THE INSTALLATION OF ONE SEWAGE LIFT PUMP
AND FITTINGS IN EXISTING WESLAYAN LIFT STATION: APPROVING
AND ADOPI'ING THE REPORT AND RECOMMENDATI ON OF THE ENGINEER
ON BIDS RECEIVED FOR THE CONSTRUCTION OF SAID SANITARY SEWER
AND INSTALIATION OF SAID PUMP AND FITTINGS;.' = AceEPr ING THE
BID CFRUSS MITCHELL, INC. AS THE LOWEST SECURE BID OF THE
LOWEST RESPONSIBLE BIDDER, AND AWARDING TO IT THE CONTRACT
FOR THE CONSTRUCTION OF SAID SANITARY SEWER AND INSTALLATION
OF SAID PUMP AND FITTINGS : APPROVING AND ACCEPTING AND
AUTHORIZING THE APPROVAL AND ACCEPTANCE OF THE PERFORMANCE
BOND IN CONNECTION WITH SAID CONSTRUCTION AND INSTALLATION;
FINDING THAT SAID CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT
FOR THE CONSTRUCTION AND INSTALLATION 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, the City Commission of the City of West University
Place, Texas, has heretofore duly and regularly determined the necessity
for and ordered the construction of approximately 460 lineal feet of
sanitary sewer with appurtenances on WeslayanStreet from Weslayan Lift
Station South to th~rnan~ole in Case Street, and the installation of one
sewage lift pump in the existing Weslayan Street lift station, 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 +equirements 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 at such meeting, duly and legally referred to the Engineer
for said City for tabulation, report and recommendation; and
WHEREAS, it appears from the tabulatien, report and recommendation
of Irving L. Peabody, City Engineer for the City of West Univ~rsity Place,
Texas, which report and recommendation are hereby approved and adopted; that
Russ Mitchell, Inc. is the lowest responsible bidder and that its bid is the
lowest secure bid received for such construction and installation; and
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WHEREAS, the City desires to award a contract at this time for:
(1) The construction of approximately 460 lineal feet of 12 inch
cast iron sanitary sewer with mechanical joints and appurtenances on
Weslayan Street from the existing Weslayan Street Lift Station South to the
manhole in Case Street; and
(2) The installation of one sewage lift pump in the existing
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Weslayan Street Lift Station and said contractor's low bid for said
construction and installation aggregate the sum of $7,990.00; and
WHEREAS, the said Russ Mitchell, Inc. has executed and filed
good and sufficient performance bond with proper surety, as required by
the City Charter, and has duly and regularly executed a contract for the
performance of the work of constructing said sanitary sewer and installing
said lift pump, and'is entitled to a contract from the City of West Univer-
si ty Place, Texas therefor; and
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WHEREAS, pursuant to certificate by the City Treasurer duly and
legally made as to the availability of funds, the City Commission has
heretofor by Ordinance No. 539, duly and'~egally passed, made appropriation
from the fund to the credit of the Sanitary Sewer Capital Improvement Fund
and the fund to the credit of the Water-Sewer Operating Fund in the City
Treasury to pay the City's cost of constructing said sanitary sewer and
installing said lift pump; NOW, THEREFORE,
BE IT ORUAINED BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
. Section I. That the City Commission of the City of West
University Place, Texas, does hereby find and determine that each and
all of the steps and proceedings hereinabove mentioned haye been duly and
legally taken and performed in full compliance with the law and Charter and
Ordinances of the City of West University Place/_Texas, and that all pro-
visions and requirements of the law and of said Charter and Ordinances
prerequisites to the letting and execution of a valid contract for the
construction of the sanitary sewer and installation of lift pump as herein
mentioned, have been met and fully complied with.
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Section 2. That the report and recommendation of Irving L.
Peabody, Engineer for the City of West University Place, Texas, on the bids
received at the office of the City Secretary of the City of West University
Place, Texas, on November 20, 1950, for the construction of approximately
460 lineal feet of cast iron sanitary sewer with mechanical joints on
Weslayan Street from Weslayan Lift Station South to the manhole in Case Street,
with, appurtenances, and the installation of one sewer lift pump and fittings
in the existing Weslayan Lift Station, is hereby again approved and adopted.
Section 1. That the lowest secure bid received for the construction
of approximately 460 lineal feet of cast iron sanitary sewer with mechanical
joints on Weslayan Street from Weslayan Lift Station South to the manhole in
Case Street, with appurtenances, and the installation of one sewage lift pump
and fittings in the existing Weslayan Lift Station is the sum of $7,990.00,
submi tted by Russ Mitchell, Inc., who is hereby again found and determined
to be the lowest responsible bidder on said improvements, aIld said :bid is
hereby accepted.
Section h. That the contract for the construction of approximately
460 lineal feet of cast iron sanitary sewer with mechanical joints on Weslayan
Street from the Weslayan Lift Station South to th~,manhole in Ca:seStreet,
with appurtenances, and the installation of one sewage lift pump and fittings n
in the existing Weslayan Lift Station, is hereby ~ awarded to the said Russ . -,
Mitchell, Inc. ~
Section ~. That the Performance Bond presented by the said
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~uss Mitchell, Inc. with Standard Accident Insurance Company as surety,
having been examined, is hereby approved and accepted; and the Mayor of the
City of West University Place, Texas, is hereby authorized to approve and
accept said bond on behalf of the City.
Section h, That the said Russ Mitchell, Inc. having heretofore
executed a contract for constructing the said sanitary sewer and the installing
of said lift pump and fittings, as hereinabove designated, and as heretofore
ordered by the said Commission, and said contract having been examined, the same
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.
SectiDn 7. The fact that the construction of said sanitary sewer
and installation of sewage lift pump and fittings as hereinbefore set out are
immediately necessary to protect the public health and the need for which
creates a public emergency, and, therefore, this Ordinance shall be passed
finally,on the date of its introduction this the lIth day of December A. D.
1950, and shall take effect immediately upon its passage and 'approval by the
Mayor.
PASSED this the lIth day of December, A. D. 1950.'
COMMISSIONERS
Hangs. Holman. Mooney and Nisbet
and Mayor Terry
voting aye.
COMMISSIONERS
None
voting no.
APPROVED this the lIth day of, December, A. D. 1950.
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APPROVED:
~n J..h.c ~. ~ fiA. J~...
Charles S.Taylor, Jr
City Attorney
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