Ordinance No. 930ORDINANCE NO. 930
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RA-
TIFYING AND CONFIRMING ACTION HERETOFORE TAKEN
IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
SCHILLING STREET, BETWEEN NORTH PRUETT STREET
AND GARTH ROAD; IN THE CITY OF BAYTOWN, TEXAS;
ACCEPTING THE BID OF AND AWARDING A CONTRACT TO
WARREN BROTHERS COMPANY, GULF DISTRICT DIVISION
OF ASHLAND OIL & REFINING COMPANY FOR THE CON-
STRUCTION 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 CLAIM-
ING INTERESTS IN PROPERTIES ABUTTING SUCH PRO-
POSED IMPROVEMENTS AND AS TO OTHER MATTERS RE-
LATIVE THERETO, SETTING AND FIXING THE TIME AND
PLACE OF SAID HEARING AND DIRECTING THAT NOTICE
THEREOF BE GIVEN; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1: The City Council of the City of Baytown
hereby finds and determines:
(a) That by ordinance duly adopted and approved
on May 23, 1968, the City of Baytown did de-
termine the necessity for and order the per-
manent improvement of Schilling Street, in
the City of Baytown within the limits defined:
SCHILLING STREET: Between North Pruett
and Garth Road,
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 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 ap-
pointed time and place in such advertisement
stated, bids were received and opened in pu-
blic meeting of said City Council, whereupon
the bid of Warren Brothers Company, Gulf Dis-
trict Division of Ashland Oil & Refining Company
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 Warren Brothers Company was
accepted; and
(c) That said Warren Brothers Company has exe-
cuted a performance bond, together with a
proper surety, all pursuant to its pro-
posal and in accordance with the specifica-
tions and notice for bids and other pro-
ceedings 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 Warren
Brothers Company of Houston, Texas, for the construction of
said improvements for the sum of $30,861.30 and the contract
for construction of said work and improvements for said amount
is hereby awarded to the said Warren Brothers Company.
Section 3: That Warren Brothers Company 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 th 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 $27,294.10 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
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the obligations of the City of Baytown on said contract.
Section 5: That the written statement of the Con-
tract 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 esti-
mates is as follows:
Amount per front foot to be
assessed against property owners
for curbs and gutters:
Total amount per front foot to
be assessed against property owners:
Total Cost of Improvement to be
borne by Property Owners:
Total Cost of Improvement to be
borne by City of Baytown:
Total Cost of Improvement:
$ 2.80
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$ 3,567.20
$27,294.10
$30,861.30
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 assess-
ments 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, invalidity,
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 7:00 p.m. on the 10th
day of October, 1968, 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,
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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 pu-
blished at least three times in said newspapers 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 of Baytown at the address as shown thereon
and as further provided by the provisions of Article 1105b 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 12th day of
September, 1968.
Seaborn Cravey, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney
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