Ordinance No. 881ORDINANCE NO. 881
AN ORDINANCE AUTHORIZING AND DIRECTING GULF BITULITHIC
COMPANY TO PROCEED WITH AND CONSTRUCT THE IMPROVEMENTS
ON NORTH MAIN STREET, WITHIN THE LIMITS HEREIN DEFINED,
COMPLETE WITHOUT ANY OMISSIONS IN ACCORDANCE WITH A
CERTAIN CONTRACT HERETOFORE AWARDED; ASSUMING AND AGREE-
ING TO PAY TO GULF BITULITHIC COMPANY THE AMOUNT OF
CERTAIN ASSESSMENTS LEVIED AGAINST CERTAIN OWNERS AND
THEIR PROPERTIES ABUTTING UPON SAID STREET; MAKING
APPROPRIATION OF FUNDS FOR THE FOREGOING PURPOSE; TAKING
OTHER ACTIONS AND MAKING FINDINGS RELATED TO THE FORE-
GOING; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
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 the City of Baytown has heretofore executed
a contract with Gulf Bitulithic Company, a division of
Warren Brothers Company, as authorized by Ordinance No.
859 enacted March 31, 1967, for the improvement of North
Main Street within the following limits insaid City, 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
Baytown,
which contract provides, among other things, that said
Contractor shall not be obligated to make said improvements
in the portion of said street in front of any property against
which valid assessment liens cannot be levied unless the
owners of such property shall satisfactorily secure to the
Contractor the payment of the amount of the costs of im-
proving said street assessed against them and their pro-
perty; and
(b) That said Contractor has notified the City of
Baytown that the owners of exempt homestead properties
abutting upon said street, identified below in Section 2
hereof, have failed or refused to satisfactorily secure
payment to Contractor of the portion of the costs of im-
proving said street assessed against them and their res-
pective properties and that Contractor has determined to
leave out and omit said improvements in front of such pro-
perties unless the City of Baytown assumes and agrees to
pay to Contractor the amounts of the assessments evidencing
the portion of the costs of improving said properties in
the amounts hereinbelow set out in Section 2 hereof; and
that the omission of the improvements in front of said
properties above mentioned will create serious traffic
hazards and that said street should be improved complete
without any omissions or leave outs and that said City
should authorize and direct said Contractor to con-
struct said improvements in front of the above mentioned
properties so that said street will be improved complete
without omissions, and that in consideration therefor said
City should assume and agree to pay the Contractor for the
amounts of the assessments against said properties as
hereinbelow set out upon the transfer and assignment, with-
out recourse, by the Contractor to said City of said assess-
ments and the paving certificates evidencing same upon com-
pletion of said improvements.
Section 2. That said Contractor, Gulf Bitaithic Company,
is hereby authorized and directed to proceed with and construct
the improvements provided for by the above identified contract upon
said street, complete within the limits above defined, and in front
of the properties above mentioned and hereafter set out, so that
said street shall be so improved without any omissions or leave outs,
and in consideration therefor the City of Baytown hereby assumes
and agrees to pay to the Contractor the amounts of the assessments
against said properties, such amounts, names of said owners and
identity of said properties being as set out and listed in a letter
from said Contractor addressed to the Mayor and City Council of
the City of Baytown, dated August 4, 1967, a true copy of which
letter containing said information is as follows, to -wit;
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GLTLF 131T LITHIC COMPANY
A OIVISION OF WARREN BROTHERS COMPANY
CONSTRUCTORS
::1 Nmi'm DIZENNAN • I'. U. BOX 257' • i'un.v r-; CArr... 1, -1 -92I(
jOjTS'I'ON. TEXAS ^.:001
August 4, 1967
Honorable Mayor and City Council
City of Baytown, Texas
Re: Contract for paving of North Main Street from the North Property Line of
Morrell. Avenue to the South Property Line of Baker Road
Gentlemen:
The following property owners have failed or refused to execute proper Mechanic's
Lien contracts and have not satisfactorily secured the payment of the assessment
for the paving in front of their respective properties. We believe the respective
properties are presently being used as residential, business or a combination of
residential and business homesteads. 'Therefore, it will be necessary for us to
omit the paving in front of these properties unless the City Council desires to pay
us in cash the amount of these assessments, taking from us an assignment without
recourse of the paving certificates evidencing said assessments. In the event the
Council desires tD d-) this, it is necessary that we have a definite commitment
before constructing the improvement in front of these properties. Description of
these properties, names of the owners and the amount of assessment are as follows:
Parcel Property Total
Number Owner Description Assessment
18 Oscar D. Young BEING that parcel of land conveyed to $ 1,170.94
et ux Dorothy Oscar D. Young et ux Dorothy by Young
Plumbing & Heating Co. as described in
deed recorded in Vol.3990, at Page 166,
Harris County Deed Records, deed dated
2/10/60; less that portion thereof hereto-
fore conveyed by recorded deed to the
City of Baytown for right -of -way of
North Main Street.
47 Robert F. Wright BEING that parcel of land conveyed to $ 1,292.70
et ux Ruby A. Robert F. Wright et ux Ruby A. by J.N.
Gourlay as described in deed recorded
in Vol. 1418, at Page 46, Harris County
Deed Records, deed dated 10/1/45; less
that portion thereto heretofore conveyed
by recorded deed to the City of Baytown
for right -of -way of North Main Street.
- Honorable Mayor and -''ity Council
City of Baytown, Tex
August 4, 1967 2 -
Parcel Property Total
Number Owner Description Assessment
48 Mary Young BEING that parcel of land conveyed to $ 796.47
Mary Young by J. N. Gourlay as
described in deed recorded in Vol. 912,
at Page 415, Harris County Deed Records,
deed dated 7/6/32; less that portion there-
to heretofore conveyed by recorded deed to
the City of Baytown for right -of -way of
North Main Street.
50 R. L. Long BEING that parcel of land conveyed to $ 2,260.14
et ux Vallie R. L. Long et ux Vallie by W. H.
McKinney et ux as described in deed
recorded in Vol. 1324, at Page 176,
Harris County Deed Records, deed dated
4/8/44; less that portion thereof hereto-
fore conveyed by recorded deed to the City
of Baytown for right -of -way of North Main
Street.
51 L. Gerald Hollaway BEING that parcel of land conveyed to $ 1,267.68
et ux Billie G. L. Gerald Hollaway et ux Billie G. by
J. B. Hollaway, Sr., et ux as described
in deed recorded in Vol. 5877, at Page 38,
Harris County Deed Records, deed dated
3/16/65; less that portion thereof hereto-
fore conveyed by recorded deed to the City
of Baytown for right -of -way of North Main
Street .
52 J. B. Hollaway BEING a tract of land fronting 482 feet $ 4,019.88
et ux Myrtle on the East side of North Main Street and
being all of Tract 1 as described in deed
from William Quartz to J. B. Holiaway et
ux recorded in Vol. 738, Page 685, Harris
County Deed Records, except the South
152 feet of said Tract 1 conveyed to L. G.
Hollaway by deed recorded in Vol. 5877,
Page 38, Harris County Deed Records, and
less that portion thereof heretofore con-
veyed by recorded deed to the City of
Baytown for right -of -way of North Main
Street .
Honorable Mayor aity Council
City of Baytown, Texas
August 4, 1967 - 3 -
Parcel Property Total
Number Owner Description _. Assessment
r 53 S W. Troxell BEING a tract of land consisting of the $ 6,188.28
et ux Marguerite west 200 feet of those parcels of land
conveyed to S. W. Troxell et ux
Marguerite by T. O. Waldrep et ux as
described in deed recorded in Vol.
1435, at Page 147, Harris County Deed
Records, deed dated 1/26/46; less that
portion thereof heretofore conveyed by
recorded deed to the City of Baytown for
right -of -way of North Main Street.
56 Barden A. DeShong BEING a tract of land fronting 60 feet $ 500.40
et ux Janie Evelyn on the east side of North Main Street
and being the west 164.61 feet of the
most southerly 60 feet of that parcel of
land conveyed to Barden A. DeShong et
ux Janie Evelyn by Doulph Coleman
Harrison et ux, as described in deed
recorded in Vol. 4572, at Page 102, Harris
County Deed Records, deed dated 11/1/61;
less that portion thereof heretofore con-
veyed by recorded deed to the City of
Baytown for right -of -way of North Main
Street.
57 Barden A. DeShong BEING a tract of land fronting 235.75 $ 1,966.16
et ux Janie Evelyn feet on the east side of North Main
Street and being the west 164.61 feet
of the most southerly 235.75 feet of that
parcel of land conveyed to Barden A.
DeShong et ux Janie Evelyn by John Henry
Taylor et ux as described in deed recorded
in Vol. 3060, at Page 276, Harris County
Deed Records, deed dated 10/28/55;
less that portion thereof heretofore con-
veyed by recorded deed to the City of
Baytown for right -of -way of North Main
Street.
TOTAL ASSESSMENTS $ 19.462 .65
Honorable Mayor and ty Council
City of Baytown, Texas
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August 4, 1967
We request that definite formal action be taken on this matter as soon as possible
so that construction work on this project can proceed without delay.
Very truly yours,
GULF BITULITHIC COMPANY
A Division of Warren Brothers Company
Iz
D. Stanley
Division Controller
JDS:mv
} +
The amounts of said assessments, totaling $199462.65, shall be
paid to said Contractor contemporaneously with the payment of
the final estimate due to said Contractor under the above mentioned
contract for the improvement of said street, and upon the delivery
to said City by the Contractor of a proper assignment, without re-
course, to said City of said assessments, and the certificates
evidencing same.
Section _. That the sum of $19,462.65, being the total
of the assessments hereinabove provided to be paid to the said
Contractor, is hereby appropriated out of the 1965 Capital Improve-
ments, Street Funds, which sum has been certified by the Director
of Finance of said City to be an unencumbered balance of an appro-
priation and available funds for such purpose and use.
Section 4. 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 August, 1967.
ATTEST:
Edna Olive, City Clerk
APPROVED:
Director of nance and City Manager
City Attorney
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SeaborpCravey, Mayo