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HomeMy WebLinkAboutORD 664 - ORD Finding & Determining Procceding Contract for Paving & Improving o B o 216' ORDINANCE NO. 664 AN ORDINANCE FINDING AND DETERMINING THAT ALL PROCEEDINGS HAVE HERETOFORE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE EXECtlrION OF THE CONTRACT FOR THE PAVING AND IMPROVING OF: , Section 1, University Boulevard between Lake street and Westchester Avenue Section 2, University Boulevard between Mercer Avenue and Edloe Street Section 3, University Boulevard between Weslayan Street and Community Drive APPROVING AND ADOPl'ING THE REPORT AND RECOMMENDATION OF THE ENGINEER ON)BIDS RECEIVED FOR AND THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STREET; ACCEPl'ING THE BID OF RUSS MITCHELL, INC. AS THE LOWEST SECURE BID OF THE LOWEST, RES:- PONSIBLE, BIDDER, AND AWARDING TO IT THE CONT~CT FOR THE PAVING AND IMPROVING OF SAID PORTIONS OF SAID STHEEl';' APPROV- 1NG AND ACcEl?TING AND AUTHORIZING THE APPROVAL AND ACCEPI'ANCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION ' WITH SAID IMPROVEMENT; FINDING THAT SAID CONTRACTOR HAS PRO- PERLY EXECUTED A CONTRACT FOR THE IMPROVEMENTS ORDERED,AP- fROVINGSAID CO:NTRACT AND AUTHORIZING AND DIRECTING THE EXE- , CUTION THEREOF BY THE MAYOR AND CITY SECREl'ARY 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 by Ordinance No. 658, duly and regularly passed and approved May 10, 1954, determined the necessity for and ordered the perma- nent improvement of certain portions of University BOUlevard in the City of' West University Place, Texal[il, in accordance with plans and specifications prepared by~the Engineer for the City, and a~proved by the City Commission; and WHEREAS, pursuant to advertisement for bids made in f'ull 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 theref'or, 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 recommendation; and WHEREAS, it appe~rs from the tabulation, report and recommendation of J. I. Cornelison, Engineer for the City of West University 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 improvements; and that the Engineer has estimated the City's part of the cost of the paving and improving the re- spective segregated sections of said street; and , i: 216 WHEREAS,said Russ Mitchell, Inc. has executed and filed good and suf'ficient performance and maintenance bonds with pro~er surety, as required n by the City Charter, and has duly and,'regularly executed a contract for the I, performance of the work of paving and improving said portions of said streets, ~_ ~rdviding, among other things, for concrete with bar reinf'orcement, as here- tofore determined u~on by the City Commission, 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 f'und available therefor in the City Treasury to pay the City's part of the cost of paving and improving said ~ortions of said street; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission of the,Cit~ of West University Place, Texas, does 'hereby find and determine that each of the steps and ~ro- ceedings hereinabove mentioned have been duly and legally taken and perf'ormed in full compliance with the law and Charter and Ordinan~es 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 on said res~ective Sec'tions 1, 2 and 3, as herein mentioned, have been met and f'ully com~lied with. Section 2. That the report and recommendation pf J. I. Cornelison, Engineer for the City of West University Place, Texas, on the bids received June 17, 1954, for the paving and improving of the hereinafter stated portions of' the street named is hereby again approved and ado~ted. B: Section 3. That the lowest secure bid recei~ed for the paving and improving of those portions of' the street hereinaf'ter named and within the limits stated is the sum of $22,878.37, submitted by Russ Mitchell, Inc., who is hereby again found and determined to be the lowest responsible bidder on said improvements, and said bid is hereby again accepted. Section 4. That the contract for the paving and improving of: Section 1, University Boulevard between Lake Street and Westchester Avenue Section 2, University Boulevard between Mercer Avenue and Edloe Street Section 3, University Boulevard between Weslayan Street and Community Drive is hereby awarded to the said Russ Mitchell, Inc. Section 5. That the performance and maintenance bonds presented by the said Russ Mitchell, Inc., with American General Insurance Co., as Surety, having been examined, are hereby approved'and accepted; and the o o B o 211, Mayor of the City of West University Place is hereby authorized to approve and accept said bonds on behalf of'the City. Section 6. ~hat said Russ Mitchell, Inc., having heretof'ore executed a contract f'or making the, improvements on the respective sections Nos. 1, 2 and 3, as hereinabove designated, and as 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 street hereinbefore stated are in need of improvement as promptly'as possible c~eates a public emergency, and, therefore, this Ordinance shall be passed finally on the date of its in- troduction this, the, 28th day of June, 1954, ahd shall take effect immediately upon its passage a~d approval by the Mayor. PASSED this, the 28th day of June, 19,54. COMMISSIONERS Goff, Hangs and Mayor Pro tem Mooney, voting aye; COMMISSIONERS none voting no. APPROVED this the 28th day ofJu~e, 1954. ~/~~ Mayor of the City of West University Place, Texas ATTEST: APPROVED: City Attorney