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Ordinance No. 502® ORDINANCE NO. 502 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATI- FYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF EAST JAMES AVENUE; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC., FOR THE CONSTRUC- TION OF SUCH IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXE- CUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND ® DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: SECTION 1. The City Council of the City of Baytown hereby finds and determines: (a) That by ordinance duly adopted and approved on May 28, 1958, the City of Baytown did determine the necessity for and ordered the permanent improvement of EAST JAMES AVENUE, from the east property line of State Highway 146 (Alexander Drive) to a point which is 761.7 feet easterly from the west property line of Cedar Lane, known and designated as Unit No. Three (3), and did by said ordinance order and direct the City Engineer to forth- with prepare and file with the City Council complete plans and specifications for such improvements, and that pursuant to such directions the City Engineer has filed with the City Council plans and specifications for said improvements, which have been duly approved and adopted by the City Council; and (b) That pursuant to direction of said City Council, adver- tisement for bids for construction of said improvements was pub- lished and had, and thereafter, at the appointed time and place". in such advertisement stated, bids were received and opened in public meeting of said City Council, whereupon the bid of Brown & Root, Inc., for the construction of said improvements was found and determined to be the lowest and most advantageous bid for said work and improvements, and such bid of Brown & Root, Inc., was accepted; and (c) That said Brown & Root, Inc., has executed a perform- ance bond, together with a proper surety, all pursuant to its pro- posal and in accordance with the specifications and notice for bids and other proceedings of the City Council, all in the form and manner as approved by the City Attorney, and such contract and performance bond has been presented to and filed with the ® City Council., and it was found that said contract and performance bond and the surety on said performance bond are all in due and proper form and acceptable to the City.Council; U NEC B 0 • and such action of said City Council, as so heretofore taken, is in all things hereby ratified and confirmed. SECTION 2. That the City Council of the City of Baytown, Texas, has and does hereby accept the bid of Brown & Root, Inc., of Houston, Texas, for the construction of said improvements for the sum of $166,205.13, and the contract for construction of said work and improvements for said amount is hereby awarded to the said Brown & Root, Inc. SECTION 3. That Brown & Root, Inc., having heretofore exe- cuted and submitted to the City Council for its approval the written contract and performance bond as.approved by the City Attorney, such contract and bond are hereby approved.and accepted as being in full compliance with all requirements of the law and of the specifications and bid for said work, and the surety on said performance bond should be, and the same is hereby, approved and accepted as valid and sufficient for the amount stated therein, and the Mayor and City Secretary of the City of Baytown, Texas, are hereby authorized, empowered and directed to execute said contract in the name of said City and accept said bond for and on behalf of the City of Baytown, Texas, attesting the same in proper form with the seal of the City of Baytown. SECTION 4. That there is hereby appropriated the sum of $90,745.13, to pay the City's portion of the cost of said improve- ments on the said East James Avenue within the limits defined, or so much thereof as may be necessary to pay and discharge the obligations of the City of Baytown on said contract. SECTION 5. That the written statement of the City Engineer showing the estimated costs of improvements on said street_ having ® been received and examined by the City Council, the same is hereby in all things approved and adopted. A true and correct copy of said written statement of estimates is as follows: - 2 - C Amount per front foot to be assessed against propertyowners for paving $ Amount per front foot to be assessed against property owners for curbing $ Total amount per front foot to be assessed against propertyo owners Total cost of the entire improvements Total cost of improvements to be borne by property owners Total cost of improvements to be borne by City of Baytown I0 7.30 .70 8.00 $ 166,205.13 $ 75,460.00 $ 90,745.13 I• e • 0 SECTION 6. A hearing shall be held and given to the real and true owners and to all owning or claiming any interest in any property abutting upon the said East James Avenue within the limits defined, and to all others 'owning., claiming or inter- ested in said property or any of said matters, as to the assess- ments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, or concerning any error, invalidity, irregu- larity or deficiency in any proceeding or the contract with ref- erence thereto, or concerning any matter or thing connected therewith, which hearing shall be held before the City Council of the City of Baytown, Texas, at 7:00 o'clock P. M., on the 28th day of August, 1958, at which time and place all persons, firms, corporations or estates owning or claiming any such abut- ting property or any interest therein, and their agents or attorneys or persons interested in said proceedings, shall be notified to appear and to be heard, in person or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time, and kept open until all evi- ® dence and protests have been duly offered and heard; and the City Secretary is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circula- tion in the City of Baytown, said notice to be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least ten days prior to the date of said hearing, and such notice by pub- lication shall be valid and sufficient without any further form or character of notice, as provided by the provisions of Article 1105 -b of the Revised Civil Statutes of Texas and amendments ® thereto. — 3 — U Ic I® 9 0 Effective date: That this ordinance shall take effect from and after the date of its passage by a majority of the City Council of the City of Baytown. INTRODUCED; READ AND PASSED by a majority of the City Council of the City of Baytown on this 14th day of August, 1958. l( rue ayor ATTEST: Edna Oliver, CI y er