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Home My WebLink AboutORD 5-U_C&K '5-3 0-3 7-20-48 �1._�-/9 V � AN ORDINANCE ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING -THAT PORTION OF ZAVALLA DRIVE WITHIN THE LIMITS HEREINBELOW DEFINED, BE PER- MANENTLY IMPROVED; APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR .THE CONSTRUCTION OF SAID IMPROVE- MENTS; ACCEPTING THE BID OF AND AWARDING A CON- TRACT TO TROTTI & THOMSON, INC. FOR SAID IMPROVE- MENTS; APPROVING THE CONTRACT;PERFORMANCE AND MAINTENANCE BONDS EXECUTED BY SAID CONTRACTOR AND ITS SURETY FOR SAID IMPROVEMENTS, AND AUTHORIZING THE CITY RANAGER AND CITY CLERK TO EXECUTE AND ..ATTEST. SAID CONTRACT FOR, AND ON BEHALF OF THE CITY OF BEAUMONT; PROVIDING FOR THE MANNER IN WHICH THE COST OF SAID IMPROVEMENTS SHALL BE PAID; AND MAKING APPROPRIATION OF FUNDS FOR THE PAYMENT OF THE CITY OF BEAUMONT'S SHARE OF THE COST OF SAID IMPROVEMENTS. WHEREAS, the City of Beaumont, Texas, acting through its governing body, the City Council, -has heretofore determined the necessity for and has decided.to improve Zavalla Drive with- in the limits hereinafter described in the manner hereinafter provided for; and WHEREAS, the City Council of the City of Beaumont., the governing body of said City, has heretofore received and opened_ in public meeting, bids for the improvement of Zavalla Drive with- in the limits hereinafter described in the manner hereinafter pro- vided for, pursuant to advertisements for such bids published for the length -of time and in the manner as required by law and the Charter of said City, which bids were by said City Council referred to the City Manager for tabulation and recommendation; and WHEREAS, the said City Manager did make recommendation to said City Council at its meeting held on July 6, 1948, recom- mending'that the bid of Trotti & Thomson, Inc., in the sum of $13,702.95 for the construction of said improvements be accepted, --and pursuant to which recommendation said City Council did accept said bid as being the lowest and best bid by responsible bidder for the construction of said improvements; and WHEREAS) thereafter the City Engineer filed with the City Council an estimate of the .of said improvements to be paid by the City of timate being the sum of $4,955.90; therefore, has prepared and portion of the costs Beaumont, said es- BE IT ORDAINED BY THE CITY OF BEAUMONT :- SECTION 1: That there exists a public necessity for, and it is here- by determined that it is necessary to permanently improve the following street within the City of Beaumont, Texas, to -wit :- ZAVALLA DRIVE, from the west line of Highland Avenue CD to the east line of Kenneth Avenue in the Highland Place Addition to the City of Beaumont, Texas. SECTION 2: That it _is hereby ordered that said street within the limits above described shall be improved by raising, grading, filling, widening, paving or repairing same by the construction or reconstruction of a flexible base pavement of processed gravel with a hot mix asphaltic concrete wearing surface and an inverted concrete curb, and by the construction of such storm sewers and drainage facilities and other necessary incidentals and appurte- nances, all as deemed adequate by the City Engineer and as pro- vided for in the plans and specifications for such improvements heretofore prepared by the City Engineer and hereinafter approved and adopted. SECTION 3: That, whereas, the City Engineer has heretofore prepared and filed with the City Council, the governing body of said City, complete plans and specifications for such proposed improvements, which plans and specifications are on file in the office of the City Engineer of said City, said plans and specifications are here- by approved and adopted for use in the construction of said improve- ments on the street hereinabove described. SECTION 4: That, whereas, the bid of Trotti & Thomson, Inc., for the construction of said improvements in the sum of *13,702.95 has been accepted as the lowest and best bid by a responsible bidder, the contract for the construction of said improvements is hereby awarded to the said Trotti & Thomson, Inc., upon said bid; and said Trotti & 'Thomson, Inc., having already executed and submitted to the City Council for its approval the contract, Performance Bond and Maintenance Bond as required by the Notice to Bidders and the general specifications for the construction of said improvements, such Contract, Performance and Maintenance Bonds are hereby ac- cepted as in full compliance with all requirements of the law and -2- the Charter of said City and of the Notice to Bidders and general specifications covering said improvements, and that the Surety on said Performance and Maintenance Bonds be, and the same are hereby approved and accepted; further, that the City Manager and City Clerk of the City of Beaumont, Texas, are hereby authorized and directed to execute and attest said contract for and on behalf of the City of'Beaumont, Texas. SECTION 5: The costs of said improvements shall be apportioned and paid for as follows, to.. -wit :-- (a) The City of Beaumont shall pay one-third (1/3) of the total cost of said improvements and the owners of the property abutting upon Zavalla Drive in Highland Place Addition within the limits to be im roved shall pay the remaining two-thirds (2/3� of the total cost, said total cost to be determined by adding to the accepted bid price of 4"13,702.95, a sum equal to eight and one-half per cent (81%) of that amount, which eight and one-half per cent ($2) is to cover the engineering and advertising costs incurred by the City of Beaumont in the paving of said Zavalla Drive, which total cost is $11,$67.70. (b) Since property to be benefitted and abutting on Zavalla Drive within the limits to be improved is owned in common by two owners, and those two owners and Trotti & Thomson, Inc., whose bid has heretofore been accepted, have agreed between themselves to enter into contractual arrangements to secure the payment of the owners' portion of the total cost, it is hereby determined that it is unnecessary to proceed to levy a paving assess- ment lien as formally provided .for in Chapter 106, 40th Legislature of the State of Texas, First Called Session, Acts of 1927, (Article 1105b, Revised Civil Statutes of the State of Texas, 1925) and in Article XIV, Section 2 of the City Charter of the City of Beaumont. SECTION 6• That, whereas, it is hereby found and determined that there are available funds on hand in the treasury of said City of Beaumont sufficient to cover said costs to the City of Beaumont and available for appropriation for such use, therefore, there is hereby appropriated out of the Street and Highway Bond Fund, Series 1947, the sum of $4,955.90 to pay the City's portion.of the cost of said improvements under the above contract, and proper Warrants are hereby authorized to be issued in said amounts, -3- or so much thereof as may be necessary, against said fund to pay and discharge the obligations of the City of Beaumont chargeable thereto under said contract. PASSED by the City Council, this 20th day of July, A. D . , 1948. July 20, 1948 City Council City of Beaumont Beaumont, T e x a s Gentlemen :- It has been determined by me that the estimated cost to be borne by the City of Beaumont for the improvement of Lavalla Drive, from the west line of Highland Avenue: to the east line of KennetJ.i Avenue in, the Righland Place Addition to -the City of Beaumont, is $4,955,90. The estimated cost has been determined on the basis of the bid of Trott? & Thomson, Inc., ,which bid was, on July 6, 1948, accepted by the City Council of the City of Beaumont.. Yours very truly, R. Clyde Black City Engineer II C ITY OF BE.AUM®liT '0 -` BEATJMO1'zT TEXAS a I Ila Elm July 20, 1948 City Council City of Beaumont Beaumont, T e x a s Gentlemen :- It has been determined by me that the estimated cost to be borne by the City of Beaumont for the improvement of Lavalla Drive, from the west line of Highland Avenue: to the east line of KennetJ.i Avenue in, the Righland Place Addition to -the City of Beaumont, is $4,955,90. The estimated cost has been determined on the basis of the bid of Trott? & Thomson, Inc., ,which bid was, on July 6, 1948, accepted by the City Council of the City of Beaumont.. Yours very truly, R. Clyde Black City Engineer CITY hl -Fn BEAU -NA ONT _ BEAT..TMO1�T� TEXAS July 20, 1948 City Council City of Beaumont Beaumont, T e x a s Gentlemen :- It has been determined by me that the estimated cost to be borne by the City of Beaumont for the improvement of Zavalla Drive, from the west line of Highland Avenue to the east line of Kenneth Avenue in the Highland Place Addition to the City -of Beaumont, is $4,955.90. The estimated cost has been determined on the basis of'the bid of Trotti & Thomson, Inc., which bid was, on July 6, 1948, accepted by the City Council of the City of Beaumont. Yours very truly, R. Clyde Black - City Engineer 0