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Resolution No. 64-07 RESOLUTION WHER&A.S, the City of Tigard has been notified of the refusal of FT.rank FannooCreekolnterceptoto ralizeSeweracontract Line; and WHEREAS, emergency circumstances confront the City due to the shortness of the advancing season during which conditions suitable for construction within the flood plain of Fanno Creek will prevail; and WHEREAS, the need for said sewer facilities is of an immed- iate nature to accommodate the people of the City of Tigard and to meet the commitments of the City; and E[HEREAS. the time during which the temporary construction easements will'be available will expire as of October 31, 1964; and WHEREAS, M & S CONSTRUCTION COMPANY, whose bid in the sum of $ aid$MS&75 is second S ConstructionlCompanyto ahas£ Frank T.extended thettimesduring, and which its bid may be accepted to and including June 30, 1964; and 19HEREAS, application is now pending with the U. S. Depart- ment of Health, Education and Welfare and the State Sanitary Auth- arity of Oregon, for authority to award the work to the M & S Con- struction Company; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD, as follows; (a) That conditioned upon the approval of the U. S.Depart- ;' went of Health, Education and Welfare and the State Sanitary Auth- ority of Oregon, prior to June 30 1964, the bid of M & S Construe- awardedtion tonsaid M & Sinthe tCONS RUCof TION.75 COMPANY,anduponreceiptof the same hereby said approval, free of any conditions not now known, the Mayor and the `r Recorder of the City of Tigard are authorized and directed to take such action as may be necessary to execute a contract with the M & S Construction Company, in strict compliance with the specifications and proposal on file with the City. (b) That upon the d the of a performance bond 'herein,cthe oCity's n of aengineers id care nau horizedng and directed to arrenge for the issuance of an immediate"start work,- order, and to otherwise take such action as necessary to expedite the completion thereof within the current construction season. v. (c) That the matter of the action, if any, to be taken with respect to the default in the execution of a contract by Frank T. Matthews, Inc., be deferred until the next regular meeting of the q City Council. .F r