HomeMy WebLinkAboutR-1989-02
.
.
RESOLUTION NO. 89-2
A RESOLUTION CONSENTING TO ENTRY INTO A CONTRACT BETWEEN THE LA
PORTE AREA WATER AUTHORITY AND MERCER CONSTRUCTION COMPANY, INC.J
PROVIDING FOR A SEVERABILITY CLAUSEJ FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAWJ AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Board of Directors of the La Porte Area Water
Authority (the nAuthority"), by action taken at duly called meeting
of the Authority held on Tuesday, February 7, 1989, awarded a bid
for the construction of surface water transmission and distribution
facilities to Mercer Constsruction Company, Inc. in the amount of
Three Million Five Hundred Fifteen Thousand Seven Hundred Eighty
and 50/100 Dollars ($3,515,780.50)J and
WHEREAS, in order to facilitate commencement of work by Mercer
Construction Company, Inc. on said project, it is necessary for the
Authority to enter into a contract with Mercer Construction Company,
Inc. in accordance with the bid specificationsJ and
WHEREAS, Section 5(e), of Chapter 729, Pages 2678 et seq, Acts
of 67th Legislature of the State of Texas, Regular Session, 1981
(hereinafter referred to as the nAuthority Actn) requires that the
City Council of the City of La Porte authorize and approve all
contracts entered into by the La Porte Area Water Authority, except
for contracts entered into by and between the Authority and the City
of La PorteJ and
WHEREAS, it is desirable for the La Porte Area Water Authority
to enter into said contract with Mercer Construction Company, Inc.,
and it is appropriate for the City of La Porte to approve said
contractJ
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section l. That the City of La Porte hereby consents, pursuant
to Section 5(e) of the Authority Act, to the contract attached to
this resolution by and between the La Porte Area Water Authority and
Mercer Construction Company, Inc. as Exhibit nAn, incorporated
herein as if set forth verbatim, and the City Council of the City of
La Porte hereby authorizes the president and secretary to sign and
attest said contract in their respective capacities.
. .
RESOLUTION NO. 89-2 Page 2
Section 2. That if any section, sentence, phrase, clause, or
any part of any section, sentence, phrase, or clause, of this
resolution shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of the resolution, and it is
hereby declared to be the intention of this City Council to have
passed each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase or
clause, or part thereof, may be declared invalid.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City of La Porte, Texas for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised Civil Statutes Annotated~ and that this meeting has
been open to the public as required by law at all times during which
this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 4. This Resolution shall be in effect from and after
its passage and approval.
PASSED AND APPROVED this the ~ day of ~~ . 1989.
BY:~ LA PORTE~
~o an ~~ "-
Mayor
A~~
Cherie Black
City Secretary