Skip to code content (skip section selection)
Compare to:
§ 5 IMPROVEMENT OF HIGHWAYS; POWER TO ORDER; PROCEDURE; SPECIFICATIONS OF MATERIAL; BOND OF CONTRACTOR; ADVERTISEMENT FOR BIDS; POWER TO ACCEPT OR REJECT; NO CHANGE OF BIDS.
   The City Council shall have the power by resolution to order the making of such public improvements, or any of them, by majority vote, without notice, and the passage of such resolution shall be conclusive of the public necessity and benefits thereof. The resolution shall generally set out the nature and extent of the improvements to be made, the section or sections of the highway or highways to be improved, and the material or materials to be used, and the method or methods of paying the cost. The resolution may specify different or alternative materials and different or alternative methods for the construction of the improvement, and the payment of its cost; upon passage of such resolution, the director of public works shall forthwith prepare specifications, subject to approval of the City Council, for the improvement, embracing the different or alternative materials or methods which may be prescribed by said resolution, for the construction of said improvement or payment of its cost; and the character of bond or bonds, if any required of the successful bidder. Such specifications shall be submitted to the City Council, and after being corrected, in event correction is necessary, and the same is satisfactory to the council, same shall be approved by the City Council. The City Council shall have power to require of the contractor to whom the work may be let, a bond or bonds for the faithful performance of the contract, and for the repair, or reconstruction, in whole or in part, of the improvement within three (3) years after its completion, if necessitated within that time by any defective material, plans, methods, or processes, employed in the construction of such improvement, and containing such other provisions as the City Council may require. Such bond or bonds shall be executed by the contractor with a good and solvent corporate surety thereon, authorized to do business in Texas, and acceptable to the City Council, or with two (2) good, solvent and acceptable personal sureties, if the council shall so elect.
   When the specifications have been adopted by the City Council, the city secretary, or other officer designated by the council, shall advertise for sealed bids for the construction of said improvements in accordance with the specifications. Said advertisement shall be published one (1) or more times in a newspaper of general circulation in the city, and shall state the times prescribed by the council for receiving bids, which shall be not less than ten (10) days from the first publication of said advertisement. Bids shall be filed and opened by the City Manager or his or her designee. Said council may accept such bid or bids, as it may deem most beneficial to the city and the owner of the property abutting the proposed improvement, or may reject any and all bids, and may accept different bids for parts of the improvement and accept such bid or bids on different plans or methods, or for different materials, as it may deem best. No bid shall be amended, revised or changed after being filed.
(Ord. 16797, § 1(XI), 1-24-2006, approved 5-13-2006)