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Home My WebLink AboutORD 33-TC&K 5/1 0-3 AN ORDINANCE 11/2/48 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AN ORDERING THAT CERTAIN STREETS NAMED HEREIN- BELOW AND WITHIN THE LIMITS DEFINED, GROUPED AS UNIT 1 and UNIT 2, BE PERMANENTLY IMPROVED: AP- PROVING AND ADOPTING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR THE CONSTRUC- TION OF SAID IMPROVEMENTS; RATIFYING THE CONTRACT ENTERED INTO HERETOFORE ON OCTOBER 20TH, 1948; APPROVING THE PERFORMANCE BOND EXECUTED BY SAID CONTRACTOR AND ITS SURETY FOR SAID IMPROVEMENTS; PROVIDING FOR THE MANNER IN WHICH THE COST OF SAID IMPROVEMENTS SHALL BE PAID; SPECIFYING THAT EACH UNIT TO BE IMPROVED HEREUNDER IS TO BE CON- SIDERED SEPARATELY FOR ALL PURPOSES; 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 the following streets in College Place Second Addition, herein- after termed Unit 1, to -wit: - Maddox Street, from the South line of Iowa Avenue to the North line of Florida Avenue; Florida Avenue, from the East line of Maddox treet to Mazzu Avenue;' Giles Street, from the East line of Highland Avenue to the West line of Maddox Street; Joseph Street, from the East line of Highland Avenue to the West line of Maddox Street; 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 the following streets in University Place Second Addition, hereinafter termed Unit 2, to -wit: - East Irby Street, from the West line of University Drive to Maddox Street; University Drive, from the South line of East Lavacca Street to the South line of said addition; Caston Street, from the West line of University Drive to Maddox Street; Maddox Street, from East Lavaca Street to the South line or said Addition; and C cs 33 -T 1I- /9qE 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 Units 1 and 2 as above indicated, 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 received on August 31, 1948, and referred to the City Manager for study and recommendation; and WHEREAS, the said City Manager did make recommen- dation to said City Council at its meeting held on September 2&; 1948, recommending that the bid of Trotti 8r Thomson, Inc. in the sum of $4.9,164..56 for the construction of improvements on Unit 1, College Place Second Addition, be accepted and that the bid of $21,717.10 for the construction of improve- ments on Unit 2, University Place Second Addition, be accepted, and pursuant to which recommendation said City Council did accept said bid as being the lowest and best'bid by respon- CD sible bidder for the construction of said improvements; and WHEREAS, a resolution was passed by the City Council of the City of. Beaumont on September 28, 1948, autho- rizing the City Manager to enter into a contract with Trotti Thomson, Inc., in accordance therewith, and authorizing the City Clerk to attest the same; and WHEREAS, prior to signing said Contract it was determined upon the advice of the City Engineer to stipulate in said Contract that Item No. 100, consisting of two sub - items and Item No. 120, consisting of three sub -items, be omitted from the work to be done in Unit 1, College Place Second Addition, thereby reducing the bid price for said Unit from $4.9,164..56 to $33,654..00; and WHEREAS, a Contract embodying such reduction was entered into between the City of Beaumont and Trotti &r Thomson, Inc., on October 20, 1948; and WHEREAS, thereafter the City Engineer prepared and filed with the City Council an estimate of the portion of the, costs of said improvements to be paid by the City of Beaumont, said estimate being .$25,4.36.29; therefore, BE IT ORDAINED BY THE CITY OF BEAUMONT:- SECTION 1: That there exists a public necessity for, and it is hereby determined that it is necessary to permanently im- prove the following streets within the City of Beaumont, Texas, in Units as designated, to -wit: - UNIT 1, COLLEGE PLACE SECOND ADDITION: Maddox Street, from the South line of Iowa - venue to the North line of Florida Avenue; Florida Avenue, from the East line of Maddox Street to Mazzu Avenue; (2) Giles Street, from the East line of Highland Avenue to the West line of Maddox Street; Joseph Street, from the East line of Highland Avenue to the West line of Maddox Street; UNIT 2, UNIVERSITY PLACE SECOND ADDITION: East Irby Street, from the West line of University Drive to Maddox Street; UniversitZ Drive, from the South line of East Lavaca Street to the South line of said Addition; Caston Street, from the West line of University Drive to Maddox Street; Maddox Street, from East Lavaca Street to the South line of said Addition. SECTION 2: That it is hereby ordered that the aforesaid streets within the limits described, and to be described by the City Engineer, shall be improved by raising, grading, filling, widen- ing, paving or repairing same by the construction or reconstruc- tion of six (611) inches compacted flexible base pavement, sur- faced with one and one-half (lift) inches of hot mix asphaltic concrete and the construction of an inverted concrete curb and gutter, and by the construction of such storm sewers and drain- age facilities and other necessary incidentals and appurtenances, all as deemed adequate by the City Engineer and as provided for in the Contract Documents and the Plans and -Specifications for such improvements heretofore prepared by the City Engineer -and hereinafter adopted. SECTION 3: That, whereas, the City Engineer has heretofore pre- pared 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 hereby approved and adopted for use in the construction of said improvements on the streets hereinabove described. SECTION 4: That, whereas, the bids'of Trotti & Thomson, Inc., for the construction of improverm nts, on Unit 1 in the amount of $49,164.56 and on Unit 2 in the amount of $21,717.10, have been accepted as the lowest and best bids by a responsible bidder, and one Contract therefor embodying both units was awarded upon said bids; and, whereas the Contract therefor has been executed on October 20, 194A said Contract limiting the work to be done on Unit 1 to :33,654.00, all other pro- visions thereof being as originally bid and heretofore awarded, (3) said Contract as entered into between the City of Beaumont and Trotti & Thomson` Inc., is in all things ratified and adopted by the City Council of the City of Beaumont; and said Trotti & Thomson, Inc., having already.executed and submitted to the City Council for its approval, the Performance Bond as required by the Contract Documents, such Performance Bond is hereby ac- cepted as in full compliance with all requirements of the law, the Charter of said City and the Contract Documents pertaining hereto, and the Surety on said Performance Bond is hereby ap- proved and accepted. SECTION 5: The costs of said improvements shall be paid for as follows, to -wit: - (a) The City of Beaumont shall pay forty per cent (400) of the total cost of said improvements and the owners of property abutting upon the streets to be im- proved hereunder within the limits to be improved shall pay the remaining sixty per cent (60%) of the total cost, said total cost toµ be determined by adding to the final accepted bid prices on Units 1 and 2, $33,654.00 and 921,717.10 respectively, a sum equal to eight and one-half per cent (8.1%) of that amount, which eight and one-half per cent is to cover engineer- ing, advertising, and contingencies incurred by the City of Beaumont in the improvement of the above des- cribed streets. (b) And, whereas, the ??owners" of the property abutting upon_ the streets to be improved hereunder have agreed to enter into satisfactory financial arrange- ments with said Trotti & Thomson, Inc. to secure the payment of the 'f owners r11 portion of the total cost on each Unit, it is hereby determined that it is unnecessary to proceed to levy paving assessment liens as provided for in Chapter 106, 40th Legislature of the State of Texas, First Called Session, Acts of 1927, (Article 110 5b, 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 the improvements called for in each Unit here- under are to be considered separately in apportioning the total cost therefor, in securing payment therefor, and in making the improvements set out in the Contract Documents, particularly in the Plans and Specifications; that the City -Engineer is authorised to issue separate Work Orders for each Unit, and if one Unit is completed before satisfactory financial arrangements have been made by the "Oumers" with the Contractor, Trotti & Thomson, Inc., for the construction of the improvements on the other Unit, any delay resulting therefrom shall not prejudice the Contractor and the Contractor need not proceed with said improvements until satisfactory financial arrangements have been made, after which time a Mork Order may issue from the City Engineer. (4) SECTION 7: 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 1948, the sum of $25,436.29 to pay the Cityvs portion of the cost of said improvements under the above Contract, and proper warrants are hereby authorized to be issued in said amount, or so much thereof as may be necessary, against said fund to pay and discharge the obligations of the City of Beaumont chargeable there- to under said Contract. PASSED by the City Council, this 2nd day of November, A. D., 194$. ® ir B:S Av M o M'rr November 2, 1948 To The Mayor and City Council City of Beaumont Beaumont, Texas Gentlemen: It has been determined by me that the estimated cost to be borne by the City of Beaumont in the con- struction of improvements for College -Place Second Addition and University Place Second Addition, designated as Units 1 and 2, respectively, in Contract Documents in reference thereto, is $25,436.29. The estimated cost has been determined on the basis of the bid of Trotti & Thomson, Inc., accepted by the City Council on September 28, 1948, and that certain contract entered into between the City of Beaumont, Texas, and Trotti and Thomson, Inc., on October 20, 1948. Very truly yours R. ®�We Black RCB -r City Engineer