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Ordinance No. 1,005ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATI- FYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WARD ROAD, FROM THE EAST LINE OF HIGHWAY NO. 146 TO THE WEST LINE OF KILGORE ROAD IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARD- ING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT DIVISION OF ASHLAND OIL & REFINING COM- PANY 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; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. 1411 A11111r,F 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 No. 997 duly adopted and approved on October 9, 1969, 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: From the East line of Highway 146 to the West line of Kilgore 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 construc- tion 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 received and opened in public 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 improve- ments 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 executed 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 $290,851.45 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 -2- seal of the City of Baytown. 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 $ and there is hereby appropriated out of the 1965 Capital Improvements, Street funds of the City of Baytown, Texas, such sum of $ 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 abut- ting 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: $ 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: $ 3. The total estimated amount per front foot proposed to be assessed against the abutting property and the owners thereof: $ 4. The estimated total cost to the City of Baytown for said improvements: $ -3- W 5. The estimated total cost to be assessed against the abutting property and the owners thereof: $ 6. The estimated total cost of all of said improvements: $290,851.45 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 a hear- ing to be hereafter 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 certificates shall be issued, which shall be payable in installments 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. 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. -4- AWAANI, (NTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown on this the 4th, day of December, 1969, GLEN WALKER, 'Mayor EDNA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City Attorney