HomeMy WebLinkAboutORD 566 - ORD Finding & Determining Proceeding, Prerequistes Execution for Improvements
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ORDINANCE NO. 566 ~
AN ORDINANCE FINDING AND DETERMINING THltT ALL PROCEEDINGS HAVE
HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE
EXECUTION OF THE CONTRACT FOR THE PAVING AND' IMPROVING OF:
Academy Street, from tbe South line of Southwestern
Street to the North end of the existing pavement at
a point approximately 120 feet North of~the North
line of Cason Street
APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE
ENGINEER ON BIDS BEqEIVED FOR THE PAVING AND IMPROVING OR SAID
PORTION OF SAID STREET; ACCEPTING THE BID OF MISCHER-HARRIS CO.
AS THE LOWEST SECURE BID OF THE LOWEST RESPONSIBLE BIDDER, AND
AWARDING TO IT THE CONTRACT FOR THE PAVING AND IMPROVING OF SAID
PORTION.OF SAID STREET; APPROVING AND,ACCEPTJNG AND AUTHORIZING
THE APPROVAL ANDACCEPTANG~ OF TijE PERFORMA~CE BONO AND.~INTE-
NANCE'>BONP IN CONNECTION 'WITH SAID' IMPROVEMENT; FINDING THAT. S4.ID
CONTRACTOR HAS PROPERLY EXECUTED A CONTRACT FOR THE IMPROVEMENTS
ORDERED, 'APPROVING SAIl) CONTRACT AND AUTHORIZING AND DIRECTING,
THE EXECUTION THEREOF BY THE MAYOR AND CITY SECRETARY ON BEHALF
OF THE CITY OF, WEST UNIVERSITY PLACE, TEXAS, ANDDmLARING AN
EMERGENCY. '
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-WHEREAS, the City'Commission of the City of west Uni-
versi~y' J~lac~,~. Texas has heretofore determined.. the !lecessity
for and' ordered: 'the 'permanen;t"lrnprovement of a portion of . " , '
Academy Stre~t in the ~ Ci ty of West Uni vers i ty' Place, Texas, in.'
accordance with,plans and specifications prepared by. the Engineer
for said' City and approved by the City Commission; and
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WHEREAS, pursuant to adv~rtisement forbids made in full
compliance with all requirements of law and.theCha~ter and
Ordinances of the city Qf West University. Place, Texas, sealed
bids 'were duly and legally received upon the date and ~t the time
sta ted in $aidc.advertisement therefor, and having been duly and
legally received, publicly opened and read .alo~d in a public .
meeting of the City Commission of the City of West University
Place, Texas, werer~ferred to ~he Enginner for said City for
tabulation, report and "recommendation;' and ~,
"~ : WHEREAS" it appears from the tabulation, r~port and
recommendationof~rving~. Peabody,Engineer for the City of
West University Plac~, 'Texas, which report and recommendation is
hereby approved and adopted, that Mischer-Harris,Co. ,i~ the
lowest~responsible bidder and that its bid, in the sum of
$9,233.90 is the lowest secure bid received for such impr~Yements;
and . '
WHEREAS, said Mischer~Ra~rishas executed and filed good
and sufficient performance and maintenance bonds with proper..
surety, as required by,the City Charter, .and has duly and ~reg-
ularlyexecuted a.contract for. thepe~form~nce of the work o~'
pavingax:qc improving, said portion of said fftreet, providing,'
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among' 'o,ther'th'ings;'. for concrete with ,bar reinforcement, as r--\
heretofore determined upon by the City Commission, and is ! I
entitled to a contract from the City of West University Place, LJ
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 heretotore by Ordinance, duly and legally passed,
made appropriation from the fund to the credit of street Im-
provement Bonds, Series 1948 in the City Treasury to pay the City's
portion of the cost of paving and improving said portion of said street;
NOW, THEREFORE:-
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:-
:,' S~C1;J&_IL..l_!. ~ That the Ci tyCommission of the City of
West Uniy~rsIty ?Iace, Texas does hereby find and determine
thatj'\e'ach of the steps and proceedings hereinabove mentioned
have been duly and legally taken andperfo~med ~n full eompliance
I with the law and Charter and Ordinances of the-City of West
University Place, Texas, and t~at all provisions and requirements
of. the law and of said Charter and Ordinances prerequisite to the
letting and execution of a valid contract for the street improve-
m~nts herein mentioned have be~n met an~fulty.complied with.
, ~ S_~~n:....2.... That the report and recommendation of
];~ving t."~ea'bo y, Eriginaer'"fhr~the'~C'ttY'of West University Place, t--
'Texas,"onthe bids received April, 16, 1951, for the paving aI1d
improving of the hereinafter stated portion of the street named
is hereby approved and adopted.
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~~t19_tt_1._ That the lowest, secUre bid received for the
paving and improving of the portion of the street hereinafter
named and withirt the limits stated is the sum of $9,233.90, ,
sUbmitted by Mischer-Harris Co., which is hereby found and determined
to be the lowest re:sponsil:He -bidder 'on said improvements, and said
bid is hereby accepted. .
Section'4. That the contract for the paving and.lmprov-
ing of:
. Academy Street from,. the South line ,of Southwestern
Street to the North end of'the existing pavement at
..a point approximately 120 feet North of the North
line of Cason Street' '
is hereby awarded to the said Miseher-Harris Co.
S~Q~l~~_~.That the performance and maintenance bonds
presented "by, the said Miseher~Ha,rris Co. ~ Yl1.th:---Americari EO~d.iRg
co~an<f ' as surety, hav ng ',een ex-
am ne , are hereby approved and accepted; and the Mayor of ~ the ,
City of West University.Place is hereby authorized to approve and
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accept said bonds' on behalf of the City.
section 6. That said Misch~r-Harris CQ., having hereto-
fore executed a contract for making the improvements referred to,
and said contract having been examined, same is ~ereby in all
things approved; and the Mayor and City Secretary are hereby
authorized and, direct.ed to axec.-u.te sa,id contract for and on behalf
of and in ,the, name of' 'the, City of West University Piace, Texas.
'Sec't:i.on7 . That fact that, the po.rtio'n of the street
hereinbefore stated is in need o-r iinprovement a s promptly as
possible creates a. public. emergency, and,,; therefore, this Ordinance
shall' be passed finally on 'the date. of its introdu~tion this ~~
day of April, 1951~ f.j.nd sb.all take ,effect 'immediately upon its
passage. and approval by the Mayor. "
.,:, P.ASSED this, "the !k')~' day.o:! April, 19~$1.
Commissioners
Hangs. MoonAY ~nn Ni~hA~
and Mayor Pro Tern Holman
. voting aye';
Commissioners None
voting noo
APPl.t,OVEn .this,. th~.: '3tJ~ da,y Qf April~ 1951. ,
~.;4.urV1JV~~
Mayor. of the City of West
Universi~y,Place, Texas
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APPROVED:
~ Q.J+ ~.
y A, orney I ,
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