Ordinance No. 882ORDINANCE NO. $$2
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DIRECTING BROWN & ROOT, INC., CONTRACTOR, TO PRO-
CEED WITH THE IIyIPROVING OF CERTAIN PORTIONS OF
COMMERCE STREET FROM TIE SOUTH PROPERTY LINE OF
FORREST STREET TO THE NORTH PROPERTY LINE OF GULF
STREET IN THE CITY OF BAYTOWN, TEXAS; AGREEING UP-
ON THE COMPLETION OF SAID IMPROVEMENTS AND THE
ACCEPTANCE THEREOF BY SAID CITY IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT BETWEEN SAID CITY AND
SAID CONTRACTOR, DATED APRIL 27, 1966, THE CITY OF
BAYTOWN WILL PAY THE CONTRACTOR FOR THE CONSTRUCTION
OF SAID IMPROVEMENTS AND APPROPRIATE FUNDS TO COVER
SUCH ADDITIONAL COSTS TO THE CITY OVER AND ABOVE
THE CITY'S PORTION OF THE COSTS NOW PROVIDED FOR BY
THE TERMS OF SAID CONTRACT.
WHEREAS, the City Council of the City of Baytown, Texas has
heretofore by Ordinance No. 842 duly enacted on November S), 1966,
determined the necessity for and ordered the improvement of Comr�erce
Street, within the limits in said Ordinance defined and have hereto-
fore entered into a contract with Brown & Root, Inc., hereinafter re-
ferred to as "Contractor ", for the construction of said improvements;
and,
WHEREAS, by the terms of said contract it is provided that the
Contractor is not obligated to pave in front of any property which is
exempt from liens for the cost of such improvements unless the owner
thereof shall satisfactorily secure the amount which would be assessed
against the same if not exempt, and the Contractor has reported to the
City that the following parcels of land hereinafter referred to are
exempt from enforcement of such liens, and,
WHEREAS, the City desires to secure to the Contractor the pay-
meat of the amount of any paving certificate or certificates which
would be issued against such parcels of land and the owners thereof,
in the event it was Legally possible to levy valid assessments against
said property for the property owner's part of the cost of such im-
provements, rattier ti-ian have the Contractor omit the improvements on
those portions of said street above mentioned upon which said property
abuts: Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AND A FETING DULY ASSEMBLED:
SECTION 1. The City Council hereby directs and instructs Brown
Hoot, Inc., Contractor, under said contract awarded by Ordinance
No. 802 with an effective date of April 27, 1966 for the paving and
otherwise improving of Commerce Street, within the limits defined in
the Ordinances above referred to, to proceed with tkie improvement of
those portions of said street upon which the following described pro-
perties abut, notwithstanding the fact that said properties appear to
be exempt from liens for such improvement and notwithstanding the own-
ers of such properties have not secured the payment of the amounts
which would be assessed against them as the owiiers of such properties;
said properties above referred to being described as follows, to -wit:
That part of Block Thirty -one (31 , Martin Addition, South
of Names Street, One Hundred One 101) front feet on the
East side of Commerce.
Part of Lot Eight (0), Leavins Addition, One Hundred Sixty-
Seven and dl /100 (16`[.81) front feet on the East side of Com-
merce.
Lots one, two, three, four, five and six (1, 2, 3, 4, 5 and u)
of Block Twenty -seven (27) of Martin Addition, One Hundred
Fifty (150) front feet on the West side of Commerce Street.
Lot One, Block Five (5) of Leavins Addition, Two Hundred
Twenty -five and 04100 (225.o4) front feet on the West side
of Commerce Street.
Parts of Lots Five (5), Seven (7) and Eight (0) of Leavins Ad-
dition, One Hundred Forty -two and 63/100 (142.83) front feet
on the West side of Commerce Street.
Part of Tract Eight (6), Leavins Addition, One Hundred Twenty -
five (125) front feet on the West side of Commerce Street.
SECTION 2. Upon the completion of the work covered by said
contract in accordance with the terms thereof, the City of Baytown
hereby agrees and becomes obligated to pay to said Contractor the sum
of Five Thousand Two Hundred Thirty -four and 79/,100 Dollars ($5,234.79),
such amount to be so paid to the Contractor on account of the improve-
ments to be constructed on said street in front of said parcels of
land above described, to be in addition to that portion of the cost of
such work to be paid by said City as the City's portion of the cost
of such improvements, in accordance with t.ie terms of said contract,
said payments to be made to said Contractor when it has well and truly
performed such paving contract insofar as it relates to the improvement
of Units Nos. 2E, 9E, ICE, 18W, 21W, 22W and 23W, of which said street
-2-
constitute parts, in accordance with all of its terms and provisions
and the plans and specifications forming a part thereof.
SECTION 3. The City Council 'hereby appropriates the sum of
Five Thousand Two hundred Thirty -four and 79100 Dollars ($5,234-79)
to pay the additional costs of the improvements of said street in
front of said property, over and above the sum heretofore appropriated
to pay the City's portion of the cost of said improvements, or so
much thereof as may be necessary to pay and discharge the obligation
of the City of Baytown created and evidenced by this Ordinance, which
shall be construed as a contract and agreement binding mutually upon
both said City and said Contractor insofar as additional costs are in-
volved.
SECTION 4. Effective date: That this Ordinance shall take ef-
fect from and after the data of its passage by majority of the City
Council, City of Baytown, Texas.
INTRODUCED, READ and PASSED by a majority of the City Council
of the City of Baytown, Texas, on this the / c_ day of August ,
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM;
City Attorney
�3_
eaborn Cravey j-" Mayor