Ordinance No. 901ORDINANCE NO. 901
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND
CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE
PERMANENT IMPROVEMENT OF DANIEL STREET, FROM THE WEST LINE
OF OAKWOOD ADDITION TO THE EAST LINE OF OAKWOOD ADDITION, 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 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
determines:
(a) That by ordinance duly adopted and approved on August 25,
1966, the City of Baytown did determine the necessity for
and order the permanent improvement of the following named
street in the City of Baytown within the limits defined:
DANIEL STREET: From the West line of Oakwood Addition
to the East line of Oakwood Addition;
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 improve-
ments, 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 re-
ceived 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 improve-
ments, 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
bid 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 construction of said improvements for the
sum of $21,420.60 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 exe-
cuted 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 suffi-
cient 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
$6,015.20 to pay the City's portion of the cost of said improvements
on said street 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 street
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:
Amount per front foot to be assessed
against property owners for paving: $ 3.75
Amount per front foot to be assessed
against property owners for curbs and
gutters: $ 2.90
Total amount per front foot to be
assessed against property owners: $ 6.65
Total Cost of Improvement to be borne
by Property Owners: $15,405.40
Total Cost of Improvement to be borne
by City of Baytown: $ 6,015.20
Total Cost of Improvement: $21,420.60
Section 6: A hearing shall be held and given to the real
and true owners and to all owning or claiming any interest in any
property abutting upon said street within the limits defined, and
to all others owning, claiming or interested in said property or
any of said matters, as to the assessments and as to the amount to be
assessed against each parcel of abutting property and the real and
true owners thereof, and as to the special benefits to said property
to be received from said improvements, or concerning any error, inva-
lidity, irregularity or deficiency in any proceeding or the contract
with reference thereto, or concerning any matter or thing connected
therewith, which hearing shall be held by the City Council of the
City of Baytown, Texas, in its Council Chambers at the City Mall in
Baytown, Texas, at T r,0. 1 .m. on the J- day of „ 196$,
at which time and place all persons, firms, corporations or ye states
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 news-
paper 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 twenty -one (21) days prior to the date of said hearing: and,
additional written notice of the hearing shall be given by depositing
in the United States mail, at least fourteen (14) days before the
date of the hearing, postage prepaid., in envelopes addressed to the
owners of the respective properties as their names are shown on the
then current rendered tax rolls of such City, and at the address so
shown, or if the names of such respective owners do not appear on
such tax rolls, then addressed to such owners as their names are
shown on the then current unrendered tax rolls of the City at the
address as shown thereon and as further provided by the provisions
of Article 1105 -b of the Revised Civil Statutes of Texas and amend-
ments 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 28th day of December, 1967.
A T T � -S T
Edna Oliver, City Clerk
APPIOVED:
George qhandler, City Attorney
eaborn Cravey ,- Mayor