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Ordinance No. 5099 • ORDINANCE N0. 509 • AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WILL TAMS STREET;. ACCEPTING THE BID OF AND AVARDING A CONTRACT TO GULF BTTHULTTHIC COMPANY, FOR THE CONSTRUCTION OF SUCH IM ROVEIENPS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAIDCON- TRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAK- ING THE APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE 'COST OF SAID IMPROVEMENT; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTER- ESTS IN PROPEQTIES ABUTTING SUCH PROPOSED IMPROVEMENT AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID REARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HERE- OF. 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 deter- mines: (a) That by ordinance duly adopted and approved on July 10, 1958, the City of Baytown did determine the necessity for and ordered the permanent improvement of Williams Street, from the East property line of Pruett Street to the West pro- perty line of North Main Street (formerly Goose Creek Street), known and designated as Unit No, l,.and did by said.ordinance order and direct the City Engineer to forthwith prepare and file with the City Council complete plans and specifications for said improvement, which have been duly approved and adopted by the City Council; and (b) That pursuant to direction of.said City Council, advertisement for bids for construction of said improvements was.publisbed 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 Gulf Bithuli- thic Company, 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 Gulf Bithulithic Company, was accepted; and (c) That said Gulf Bithalithic Company has executed..a performance bond, to- gether with a proper surety, all pursuant to its proposal 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 per 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; 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 Gulf Bithulithic Company, of Houston, Texas, for the con- struction of said improvements for the sum of. _ $48.045.80 and the con- tract for construction of said work and improvements for said amount is hereby awarded to the said Gulf Bithulithic Company. Section 3: That Gulf Bithulithic Company, having heretofore executed and submitted to the City Council for its approval the written contract and perfor- mance 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 per- formance 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 Clerk 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 , to pay the Cityts portion of the cost_of said improvements on the said Williams Street 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 S: That the written statement of the City Engineer showing the esti- mated 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: -- o -0-o -- Amount per front foot to be assessed against df property owners for paving: /J.2 Amount per front foot to be assessed against property owners for curb and butter: 0?. 78 Total Assessment Total Cost of project: A &; .A'6-O,06 Cost to be borne by property owners: 1U44Z Ow Cost to be borne by City of Baytown: 34 ---- o -0-o - - -- 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 Wil- liams Street within the limits defined, and to all others owning, claiming or inter- ested in said property or any of said matters, as to-the assessments and as to the amount to be assessed against each parcel of abutting property and the real and true ® „3„ owners thereof..and as to the special benefits to said property to be received from said improvements, or concerning any error, invalidity, irregularity or de- f iciency in any proceeding or the contract with reference 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 13th day of November, 1958, at which time-and place all persons, firms, corporations or estates owning or claiming any such abutting property or any interest therein, and their agents or attorneys or persons interested in said proceedings, shall be noti- fied 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 evidence and protests have been duly offered and heard; and the City Clerk is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City of Baytown, said notice to be published at least three times in said newspaper before the date set for said hear- ing, the first of which publications shall be at least ten days prior to the date of said hearing, and such notice by publication shall be valid and sufficient with- out any further form or character of notice,.as provided by the provisions of Article 1105 -b of the'Sevised Civil Statutes of_Texas and amendments thereto. 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. is INMODUCED, READ and PASSED-by a majority of the City Council of the City of Baytown on this 23rd day of October, 1958. ATTEST. rj A'b ( '01, "n Edna Oliver, City Merk V H. H. Pruett, Mayor