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Ordinance No. 942ORDINANCE NO. 942 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RA- TIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF SOUTH MAIN STREET, FROM THE SOUTH LINE OF LOT SEVEN (7), BLOCK ONE (1), HARPER ADDITION, SEC- TION ONE (1), A SUBDIVISION OF BAYTOWN, HARRIS COUNTY, TEXAS, TO THE NORTH LINE OF STATE HIGH- WAY NO. 146; IN THE CITY OF BAYTOWN, TEXAS; AC- CEPTING 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: The City Council of the City of Baytown hereby finds and determines: (a) That by Ordinance No. 937 duly adopted and approved on September 26, 1968, the City of Baytown did determine the necessity for and order the permanent improvement of South Main Street in the City of Baytown within the limits defined: SOUTH MAIN STREET: Between the South line of Lot Seven (7), Block One (1), Harper Addition, Section One (1), a subdivision of Baytown, Harris County, Texas, to the North line of 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 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 $58,714.00 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 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. -2- Section 4: The estimated amount of the costs of said improvement to be paid by the City of Baytown, Texas, under the above mentioned contract is hereby found and de- termined to be the sum of $40,902.06, and there is hereby appropriated out of the 1965 Capital. Improvements, Street funds of the City of Baytown, Texas, such sum of $40,902.06, which sum has been certified by the Director of Finance of said City to be an unencumbered balance of an appropriation and available funds for such purpose, to pay the City of Baytown's share of the costs of said improvement, or so much thereof as may be necessary to pay and discharge the obli- gations of the City of Baytown, Texas, under said contract. Section 5: That the signed written statement of the Contract Engineer showing the estimated costs of improve- ments on said street including estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street to be improved and the owners thereof and of other costs and matters relating thereto 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: 1. The estimated amount per front foot proposed to be assessed against the abutting property and the owners thereof for curbs and gutters: $ .90 2. The estimated amount of front foot proposed to be assessed against the abutting property and the owners thereof, exclusive of the cost of said curbs and gutters: $ 9.45 3. The total estimated amount per front foot proposed to be assessed against the abutting property and the owners thereof: $ 10.35 4. The estimated total cost to the City of Baytown for said improvements: $40,902.06 5. The estimated total cost to be assessed against the abutting property and the owners thereof: $17,811.94 6. The estimated total cost of all of said improvements: $58,714.00 -3- The City Council hereby approves and adopts said statement of the estimates of the several items of costs hereinabove set out in said Engineer's statement, and does hereby estimate such costs, rates and such portions of said costs in the respective amounts as hereinabove set out; and does further hereby declare its intention, subject to the hearing hereinafter ordered, to make and levy assessments of a part of the cost of said improvement against the abutting property and the real and true owners thereof at the rates per front foot hereinabove set out by virtue of, and in ac- cordance with, the powers given by, and subject, to all of the provisions of the Acts of the 40th Legislature of the State of Texas, 1927, First Called Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, as amended, said Act being commonly known as Article 1105b, Revised Civil Statutes of Texas, 1925, and as adopted by and as Article I, Section 7 of the Charter of the City of Baytown, Texas. To evidence the amounts so assessed, assignable cer- tificates shall be issued, which shall be payable in install- ments and shall bear interest all as set out and provided for in the Ordinance above referred to ordering such improvement and the provisions of said Article 1105b, Revised Civil Statutes of Texas. 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, invalidity, ir- regularity or deficiency in any proceeding or the contract -4- with reference thereto, or concerning any matter or thing con- nected 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 12th day of December, 1968, at which time and place all per- sons, 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, and may offer evidence; and said hearing may be ad- journed 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 published 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 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 an affirmative vote of the City Council of the City of Baytown. -5- INTRODUCED, READ and PASSED by an affirmative of the City Council of the City of Baytown on this the 7th day of November, 1968. Seaborn Cravey, Mayor ATTEST: (Ot'�� r�i-o-t--Aj .i Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney IM.