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Ordinance No. 1,013BAYTOWN: 4 - ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATI- FYING AND CONFIRMING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE PERMANENT IMPROVE- MENT OF WARD ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; REACCEPTING THE BID OF AND REAWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DIS- TRICT, DIVISION OF ASHLAND OIL & REFINING COMPANY, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS • RE- .APPROVING THE CONTRACT, PERFORMANCE AND PiYMENT BONDS FOR THE DOING OF SAID WORK; RATIFYING, CON- FIRMING AND ADOPTING THE EXECUTION OF SAID CON- TRACT BY THE MAYOR AND CITY CLERK ON BEHALF OF THE CITY OF BAYTOWN, TEXAS- MAKING AN APPROPRIA- TION OF THE FUNDS OF THE HTY Y S SHARE OF THE COSTS OF SAID IMPROVEMENTS UNDER SAID CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 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 Bay- town did determine the necessity for and order the permanent improvement of Ward Road in the City of Baytown within the following limits: WARD ROAD: From the East line of High- way 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 specifica- tions 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 ap- proved 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 District, Divi- sion of Ashland Oil & Refining Company for the construction of said improvements was found and determined to be the lowest and most advantage- ous bid for said work and improvements, and such bid of Warren Brothers Company was accepted; and (c) That by Ordinance No. 1005 duly enacted on December 4, 1969, the City Council of the City of Baytown, Texas, did accept the bid of, and awarded the Contract for the construction of said improvements to, Warren Brothers Com- pany, Gulf District, division of Ashland Oil & Refining Company, and further by said Ordinance did approve the written Contract and Perform- ance Bonds of Warren Brothers Company, and did authorize and direct the Mayor and City Clerk of said City to execute said Contract on behalf of the City of Baytown, Texas, and did further, among other things, attempt to make an appro- priation of funds to cover the Cityts portion of the costs;of said improvements to be con- structed under said Contract; and (d) The City Council now finds that it should reaward said Contract, reapprove its form and execution and make a proper appropriation,of available funds to cover the City =s portion of the costs of said improvements to be construct- ed under said Contract. Section 2: That the City Council of the City of Baytown, Texas, does hereby ratify and confirm all of its actions as above set out heretofore taken in connection with the acceptance of the bid of, and the awarding of the Contract for the construction of said improvements to, Warren Brothers Company, Gulf District, Division of Ashland Oil & Refining Company, and the approval and execution of said Contract and the Performance Bonds in connec- tion therewith. Section 1: That the City Council of the City of Baytown, Texas, here now reaccepts the bid of Warren Brothers Company, Gulf District, division of Ashland Oil & Refining Company, for the con- struction of said improvements for the sum of Two Hundred Ninety Thousand Eight Hundred Fifty -One and 45/100 ($2901851.45) Dollars and the Contract for the construction of said work and improve- ments for said amount is hereby reawarded to the said Warren Brothers Company, Gulf District, division of Ashland Oil & Refin- ing Company. Section 4: That said Warren Brothers Company having heretofore executed and submitted to the City Council for its ap- proval the written Contract, Performance and Payment Bonds, all -2- AARON,,, as required by law and as approved by the City Attorney, such Contract being dated December 4, 1969, such Contract and Bonds are hereby reapproved and accepted as being in full compliance with all requirements of the law and the specifications and bid for said work, and -the surety on said Bonds are hereby reapprov- ed and reaccepted as valid and sufficient for the amount stated therein, and the Mayor and the City Clerk of the City of Baytown, Texas, having executed said Contract in the name of said City, such execution of said Contract by the Mayor and City Clerk on behalf of the City is hereby ratified, confirmed and adopted as the binding act of the City of Baytown, Texas. Section: The estimated amount of the costs of said improvements to be paid by the City of Baytown, Texas, under the above mentioned contract is hereby found and. determined to be the sum of $186,422.57 and there is hereby appropriated out of the 1965 Capital Improvements, Street funds of the City of Bay- town, Texas, such sum of $186,422.57, which sum has been certi- fied by the Director of Finance of said City to be an unencum- bered balance of an appropriation ant1. available funds for such purpose, to pay the City of Baytown2s share of the costs of said improvements, or so much thereof as may be necessary to pay and discharge the obligations of the City of Baytown, Texas, under said Contract. Effective Date: That this Ordinance shall take effe,ct from and after the date of its passage by an affirmative vote of the City Council of the City of Bay-town. INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown on -this the 22nd day of January, 1970. ATTEST: GLEN WALKER, Mayor 40001%, G-) C__�2e EDNA OLIVER, City Clerk APPROVED: v � I IAM R. LAUGHLI , City Attorney Director of Finance -4-