Ordinance No. 859ORDINANCE NO. 859
AN ORDINANCE DETERMINING THAT CERTAIN ACTIONS HAVE HERE-
TOFORE BEEN TAKEN IN CONNECTION WITH THE IMPROVEMENT OF
NORTH MAIN STREET, FROM THE NORTH PROPERTY LINE OF MORRELL
AVENUE NORTHERLY TO THE SOUTH PROPERTY LINE OF BAKER ROAD
EXTENDED EASTERLY, IN THE CITY OF BAYTOWN, TEXAS, RATIFYING
AND CONFIRMING ALL SUCH ACTIONS HERETOFORE SO TAKEN, ACCEPT-
ING THE BID OF, AND AWARDING THE CONTRACT TO, GULF BITULITHIC
COMPANY, A DIVISION OF WARREN BROTHERS COMPANY, FOR THE CON-
STRUCTION OF SAID IMPROVEMENT; APPROPRIATING AVAILABLE FUNDS
OF THE CITY OF BAYTOWN, TEXAS TO PAY THE CITYtS SHARE OF THE
COSTS OF SAID IMPROVEMENT UNDER SAID CONTRACT: APPROVING THE
CONTRACT AND AUTHORIZING THE EXECUTION THEREOF ON BEHALF OF
THE CITY; APPROVING AND ACCEPTING THE PERFORMANCE BOND AND
PAYMENT BOND, HERETOFORE EXECUTED BY SAID GULF BITULITHIC
COMPANY AND ITS SURETY IN CONNECTION WITH SAID CONTRACT;
DIRECTING THE CITYtS ENGINEER TO PREPARE AND FILE WITH THE
CITY COUNCIL CERTAIN ESTIMATES OF THE COSTS OF SAID IMPROVE-
MENT, AND OTHER PERTINENT INFORMATION IN CONNECTION THEREWITH;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1, The City Council of the City of Baytown, Texas,
hereby finds and determines:
(a) That by Ordinance No. 850 duly enacted on the 12th
day of January, 1967, the City Council did determine the
necessity for and ordered the improvement of NORTH MAIN STREET
within the following limits in the City of Baytown, Texas, to-
wit:
NORTH MAIN STREET, from the North Property Line of
Morrell Avenue northerly to the South Property Line
of Baker Road extended Easterly, in the City of Bay-
town,
and did, among other things, by said Ordinance approve and
adopt certain plans and specifications for such improvement
and ordered that advertisement be made for competitive bids
for the construction of such improvement; and
(b) That pursuant to said Ordinance, advertisement for bids
for the construction of said improvement was published and had
in full compliance with all requirements of the law, the Charter
of the City of Baytown, Texas, and of said Ordinance and upon
the date and at the time in such advertisement stated, bids
were received and opened in public meeting of said City Council,
whereupon the bid of Gulf Bitulithic Company, a division of
Warren Brothers Company, in the amount of $396,815.00 for the
construction of said improvement was received and found to be
the lowest responsible and most advantageous bid for said work
and improvement and such bid was accepted; and
(c) That thereafter the City's Engineer did prepare and
file with the City Council an estimate of the portion of
the costs of said improvement to be paid by the City of
Baytown, Texas, such estimated costs to be paid by said
City of Baytown, Texas, being the sum of $276,249.51
and it is hereby found and determined that there are
current funds on hand in the Treasury of said City
sufficient to cover said costs to the City of Baytown,
Texas, and available for such use and that same has been
so certified by the Director of F finance of said City;
and
Cd) That pursuant to its said bid, Gulf Bitulithic
Company has executed a contract, and it and a good,
sufficient and lawful corporation surety have executed
a performance bond and a payment bond, which contract
and bonds were approved by the City Attorney and are in
full compliance with the specifications, the notice for
bids, the law and the Charter of the City of Baytown,
Texas, and all of which have been submitted to the City
Council for its approval, execution and acceptance on
behalf of the City of Baytown, Texas,
and all such actions of said City Council, as so heretofore taken, are
in all things hereby ratified and confirmed.
Section 2. The City Council of the City of Baytown, Texas,
has, and does hereby accept the bid of Gulf Bitulithic Company, a
division of Warren Brothers Company, for the construction of said
impraement in the sum of $396,815.00 and the contract for the con-
struction of such improvement is hereby warded to said Gulf Bitu-
lithic Company.
Section 3. Said Gulf Bitulithic Company having heretofore,
as aforesaid, executed and submitted to the City Council for its
approval and acceptance an appropriate contract, performance bond
and paymentbond, all approved by the City Attorney, such contract
and such bonds are hereby approved and accepted and are hereby
found and declared to be in full compliance with all requirements of
the law, the Charterof the City of Baytown, Texas, the specifications
and bid for said improvement and the surety on said bonds is hereby in
all things accepted and approved; and the Mayor of the City of Bay-
town, Texas, is hereby authorized, empowered and directed to execute
said contract for and on behalf of the City of Baytown, Texas, and
the City Clerk of said City is hereby authorized and directed to
attest the same with the City's seal and deliver such executed Con-
tract to said Gulf Bitulithic Company; and the Mayor of said City
is hereby authorized and directed on behalf of said City to accept
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and approve said performance bond and payment bond in connection
with said construction contract.
Section 4. The estimated amount of the costs of said
improvement to be paid by the City of Baytown, Texas, under the
above mentioned contract is hereby found and determined to be the
sum of $2767249.51 , and there is hereby appropriated out of
the 1965 Capital Improvements, Street funds of the City of
Baytown, Texas, such sum of $ 2769249.51 , which sum has been
certified by the Director of Finance of said City to be an unen-
cumbered balance of an appropriation and available funds for such
purpose, to pay the City of Baytownts share of the costs of said
improvement, or so much thereof as may be necessary to pay and dis-
charge the obligations of the City of Baytown, Texas, under said
contract.
Section 5. The City's Engineer is hereby directed to pre-
pare and file with the City Council estimates of the several costs
of said improvement as required by the provisions of Article 1105 -b
of the Texas Revised Civil Statutes, together with rolls or lists
showing the descriptions of properties abutting upon said street to
be improved as aforesaid, the names of the apparent owners thereof,
number of front feet of each such parcel of property, the amounts to
be assessed against same, and such other pertinent information as
may be required by law.
Section 6. 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 the day of March, 1967.
ATTEST:
Edna Oliver, City Clerk
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Seaborn Cravey, Mayor
APPROVED-.
George C4&ndler,-City Attorney
A. J. Bush, Jr., CityTs Engineer
Director of Finance
and City Manager
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This is to certify that the above and foregoing is a
true and correct copy of Ordinance No. ,fS"y, passed and adopted
and approved by the City Council of the City of Baytown, Texas,
at a meeting thereof duly called and held on the day of
March, 1967, as same appears of record in the minutes of said
meeting, at which meeting a quorum of the City Council was present
and all present voted for the approval, passage and adoption of
said Ordinance.
To certify which witness my hand and seal of the said City
of Baytown, this the day of March, 1967-
e ct� (;��
City Clerk of the City of
Baytown, Texas