Ordinance No. 902ORDINANCE NO. 902
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING
AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER
OF THE PERMANENT IMPROVEMENT OF WARD ROAD, BETWEEN NORTH
MAIN STREET AND STATE HIGHWAY NO. 146; IN THE CITY OF
BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CON-
TRACT 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 here-
by finds and determines:
(a) That by ordinance duly adopted and approved on October 26,
1967, the City of Baytown did determine the necessity for
and order the permanent improvement of Ward Road, in the
City of Baytown within the limits defined:
WARD ROAD: Between North Main Street and State
Highway No. 146,
and did by said ordinance order and direct the City
Engineer to forthwith prepare and with the City Council file
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, advertise-
ment for bids for construction of said improvements, as re-
quired 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 de-
termined 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
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 acceptable 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 $173,140.15 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 At-
torney, 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 ac-
cepted 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
$129,015.38 to pay the City's portion of the cost of said improve-
ments 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 street
-2-
having been recieved 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:
$
7.08
Amount per front foot to
be
assessed against property
owners
for curbs and gutters.
$
.65
Total amount per front foot
to be
assessed against property
owners:
$
7.73
Total Cost of Improvement
to be
borne by property Owners:
$
44,124.77
Total Cost of Improvement
to be
borne by City of Baytown:
$129,015.38
Total Cost of Improvement: $173,140.15
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 interestedin said property or any of
said matters, as to the assessments and as to the amountlD 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, in-
validity, 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 Hall in
Baytown, Texas, at f��! M. on the day of \= 19681
1 - y ,
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 interest 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
-3-
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 newspapers
before the date set for said hearing, the first of which publica-
tions *hall be at least twenty -one (21) days prior to the date of
said hearing: and additonal 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 tolls, then addressed to such owners as
their names are shown on the then current unrendered tax roils of
the City of Baytown 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 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 28th day of December, 1967.
ATTEST:
3
Edna 0 fiver, City Clerk
APPROVED:
George Lrvondler, ity Attorney
-4-
�Seaborn Cravey, May�t'