Ordinance No. 862ORDINANCE NO. 862
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING
ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
COMMERCE STREET, FROM THE SOUTH LINE OF FORREST STREET TO THE NORTH
LINE OF GULF STREET, IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID
OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC. FOR THE CONSTRUCTION
OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE 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 OTHER MATTERS REIATIVE THERETO, SETTING AND FIX-
ING 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 November 9, 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:
COMMERCE STREET, from the South line of Forrest Street to the
North line of Gulf Street.
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 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 performance bond,
together with a proper surety, all pursuant to its bind 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 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 accept-
able 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 Brown & Root, Inc. of Houston, Texas, for the con-
struction of said improvements for the sum of $$1,309.25 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 executed 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 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 $58,876.57 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.
Section 5: That the written statement of the Contract Engineer showing
the estimated 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:
h
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 there-
of, and as to the special benefits to said property to be received from said improve-
ments, or concerning any error, invalidity, irregularity or deficiency in any pro-
ceeding 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
6 :30 p.m. on the 25th day of May, 1967, 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 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 27th day of April, 1967.
ATTEST: Seaborn Cravey, May i
Edna Oliver, City Clerk
APPROVED:
George 6handler, City Attorney