Ordinance No. 786J`
ORDINANCE NO. 786
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING
ACTION HERETOFORE 'TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
OAK STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -
OF -WAY TO THE NORTH LINE OF RIGGS STREET; JOHNSON STREET FROM THE
EAST LINE OF OAK STREET TO THE WEST LINE OF WILLOW STREET; STOWE
STREET FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST LINE OF
YUPON STREET; BOOKERTEE STREET FROM THE WEST LINE OF OAKLAWN ADDITION
TO THE WEST LINE OF YUPON STREET; TURNER STREET FROM THE WEST LINE OF
OAKWOOD ADDITION TO THE WEST LINE OF YUPON STREET; CARVER STREET FROM
THE WEST LINE OF OAKWOOD ADDITION TO THE WEST LINE OF YUPON STREET;
WILLOW STREET ON THE NORTH LINE OF OAKWOOD ANNEX NO. 2 TO THE SOUTH
LINE OF OAKWOOD ANNEX NO. 2; YUPON STREET FROM THE SOUTH LINE OF THE
SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY TO THE NORTH LINE OF THE
MISSOURI PACIFIC RAILROAD RIGHT -OF -WAY; ACCEPTING THE BID OF AND AWARD-
ING A CONTRACT TO Gulf Bituli hic Company FOR THE
CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PER-
FORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE 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 OWNER MATTERS RELATIVE
THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND
DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING 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 February 24, 1966,
the City of Baytown did determine the necessity for and order the
permanent improvement of the following named streets in the City
of Baytown within the limits defined:
OAK STREET from the South line of the Southern Pacific Railroad
right -of -way to the North line of Riggs Street;
JOHNSON STREET from the East line of Oak Street to the West
line of Willow Street;
STOWE STREET from the West line of Oaklawn Addition to the West
line of Yupon Street;
BOOKERTEE STREET from the West line of Oaklawn Addition to the
West line of Yupon Street;
TURNER STREET from the West line of Oakwood Addition to the West
line of Yupon Street;
CARVER STREET from the West line of Oakwood Addition to the West
line of Yupon Street;
WILLOW STREET on the North line of Oakwood Annex No. 2 to the
South line of Oakwood Annex No. 2;
YUPON STREET from the South line of the Southern Pacific Rail-
road right -of -way to the North line of the Missouri Pacific
Railroad right -of -way.
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 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, advertisement
for bids for construction of said improvements, as required by
law, was published, 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 Bitulithic 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 Bitulithic Company was accepted; and
(c) That said Gulf Bitulithic Company has executed a performance
bond, together with a proper surety, all pursuant to its bid 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;
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 Bitulithic Company of Houston,
Texas, for the construction of said improvements for the sum of $229,758.00
and the contract for construction of said work and improvements for said amount
is hereby awarded to the said Gulf Bitulithic Company
Section 3: That Gulf Bitulithic Co having heretofore executed and
submitted to the City Council for its approval the written contract and per-
formance 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 andCity Clerk of
the City of Baytown, Texas, are hereby authorized, empowered and directed to
execute said contract in the name of said 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 $229,758.00
to pay the City's portion of the cost of said improvements on said streets 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.
VA
Section 5: That the written statement of the Contract Engineer showing
thecr,timated costs of improvements on said streets 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:
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 said streets within the limits defined, and to all others owning, claiming
or interested 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 owners thereof, and as to the special benefits to said
property to be received from said improvements, or concerning any error,
invalidity, irregularity or deficiency in any proceeding or the contract with
reference thereto, or concerning any matter or thing connected therewith, which
hearing shall be held by the City Council of the City of Baytown, Texas, in its
Council Chambers at the City Hall in Baytown, Texas, at 7 :00 o1clock, P.M.
on the 13 day of April, 1966 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 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 evidence and protests have
been duly offered and heard; and the City Clerk is hereby directed to give
notice of said hearing by publication or 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 hearing, 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 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.
Effective Date: That this ordinance shall tape 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 the 24th day of March, 1966.
Seaborn Cravey, May
ATTEST:
re
Edna Oliver, City Clerk
APPROVED:
George CWdndler, City Attorney