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Ordinance No. 1,029ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL AND REFINING COMPANY, CONTRACTOR, TO PROCEED WITH THE IMPROVING OF CERTAIN PORTIONS OF WARD ROAD FROM THE EAST LINE OF HIGHWAY NO. 146 TO THE WEST LINE OF KILGORE ROAD IN THE CITY OF BAYTOWN, TEXAS; AGREEING UPON THE COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY SAID CITY IN ACCOR- DANCE WITH THE TERMS OF THE CONTRACT BETWEEN SAID CITY AND SAID CONTRACTOR, DATED JANUARY 22, 1970, THE CITY OF BAYTOWN WILL PAY THE CONTRACTOR FOR THE CONSTRUCTION OF SAID IMPROVEMENTS AND APPROPRIATE FUNDS TO COVER SUCH ADDITIONAL COSTS NOW PRO- VIDED FOR BY THE TERMS OF SAID CONTRACT. WHEREAS, the City Council of the City of Baytown, Texas has here- tofore by Ordinance No. 997, duly enacted on October 9, 1969, determined the necessity for and ordered the improvement of Ward Road, within the limits in said Ordinance defined and have heretofore entered into a con- tract with Warren Brothers Company, Gulf District, Division of Ashland Oil and Refining Company, hereinafter referred to as "Contractor ", for the construction of said improvements; and WHEREAS, by the terms of said contract it is provided that the Contractor is not obligated to pave in front of any property which is exempt from liens for the cost of such improvements unless the owner thereof shall satisfactorily secure the amount which would be assessed against the same if not exempt, and the Contractor has reported to the City that the following parcels of land hereinafter referred to are exempt from enforcement of such liens, and WHEREAS, the City desires to secure to the Contractor the payment of the amount of any paving certificate or certificates which would be is- sued against such parcels of land and the owners thereof, in the event it was legally possible to levy valid assessments against said property for the property owner's part of the cost of such improvements, rather than have the Contractor omit the improvements on those portions of said street above mentioned upon which said property abuts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council hereby directs and instructs Warren Brothers Company, under said contract awarded by Ordinance No. 1005 and as ratified by Ordinance No. 1013, with an effective date of January 22, 1970, for the paving and otherwise improving of Ward Road within the limits defined in Ordinances above referred to, to proceed with the improvement of those portions of said street upon which the following described properties abut, notwithstanding the fact that said properties appear to be exempt from liens for such improvement and notwithstanding the owners of such properties have not secured the payment of the amounts which would be assessed against them as the owners of such properties; said properties above referred to being described in a certain letter dated May 22, 1970, from Warren Brothers Company to the Mayor and City Council of the City of Baytown, a true and correct copy of such letter being attached to this ordinance as Exhibit "A" and made a part hereof for all purposes. Section 2: Upon the completion of the work covered by said con- tract in accordance with the terms thereof, the City of Baytown hereby agrees and becomes obligated to pay to such Contractor the sum of TWENTY -THREE THOUSAND SEVEN HUNDRED NINETY -SEVEN AND 90/100 ($23,797.90) DOLLARS, such amount to be so paid to the Contractor on account of the improvements to the improvements to be constructed on said street in front of said parcels of land above described, to be in addition to that portion of the cost of such work to be paid by said City as the City's portion of the cost of such improvements in accordance with the terms of said contract, said payments to be made to said Contractor when it has well and truly performed such paving contract insofar as it relates to the improvement of the above described parcels of land, abutting upon said street, in accordance with all of the terms and provisions in the plans and specifications forming a part of such such contract. Section 3 : The City Council hereby appropriates the sum of TWENTY -THREE THOUSAND SEVEN HUNDRED NINETY -SEVEN AND 90/100 ($23,797.90) DOLLARS to pay the additional costs of the improvements of said street in front of said property, over and above the sum heretofore appropriated to pay the City's portion of the cost of said improvements, or so much thereof -2- "Afty", as may be necessary to pay and discharge the obligation of the City of Baytown created and evidenced by this ordinance, which shall be construed as a contract and agreement binding mutually upon both said City and said Contractor insofar as additional costs are involved. Section 4: Effective Date: That this Ordinance shall take effect from and after the date of its passage by the affirmative vote of the City Council of the City of Baytown on this 28th day of May, 1970. X" C. GLEN WALKER, Mayor ATTEST: C EDNA OLVIER, City Clerk APPROVED: WILLIAM R. LAUGH LIN, City AttorHy SINCE 1900 723 N. DRENNAN ST., HOUSTON, TEXAS 77001 GULF DISTRICT Mailing Address: P.O. BOX 2572 713- 224 -9211 May 22, 1970 Honorable Mayor and City Council City of Baytown Baytown, Texas Re: Paving of Ward Road from Highway 1 -116 to Kilgore Road Gentlemen: The following property avners have faiied or refused to ex._cute proper Mechanic's Lien Contracts and have not satisfactorily ,ecured the ,. _�:a:it of the assessment for the paving, curb and gutter iii front of i:.zei~ respc -ctiva _ro;_ attics; therefore, it will be necessary for us to omit tzie 1 vit? j, curb and gUter in _rout of these properties unless the City Council desires :o pay us in cash tiie aialount of these assessments, taking from us an assignluent without recourse of the paving certifi- Cates evidencing said assessmen-'-s. In :ha event the Council desires to do this, it is necessary that Brie have a definite cofnmitment before constructing the improve- ment in front of these properties. Descri_-tion of pro;:Dcrties, names of the owners and amount of the assessments are as follows: 2. Q-,,,.ner: William L. Schulz, Jr. and Meta T. Schulz Property Descri tt� ion; Being all that certain trac_ . of land oon veyed to William L. Schulz, Jr. and Kota T. Schulz by Cha.- ln� E. Cra,.itord at ux Kathryn by deed recorded in Volume 4546, at Page J163, of the Dee+i' records of Harris County, Texas; save and except.that certain pace- conveyed to the City of Baytown for right -of -way by deed recorded in Volume 7393, at Page 434 of the Deed Records of Barris County, Texas. Amount of Assessment: $1,045.20 3. Owner: Roy J. Walker et ux Patricia Lucille Pror)erty Description: Being all that certain tract of lanai _-,oy J. Waiker, et ux Patricia Lucile, by Cuba Greer, a ia,,e sole, bs d recorded in Volume 3086, at Page 540 of the Harris County Dead save and except that cerLain pared conveyed to the City of Bayto,an for right -of -way by deed recorded in Volume 7398, at Page 4.36, of the Deed records of Harris County, Texas. Amount of Assessment: $1,671.97 DIVISION OF ASHLAND OIL & REFINING COMPANY EXHIBIT "A" Honorable Mayor a ity Council City.of Baytown :Rei PaVing of Waal May ay 22' 1970 -.: 66 Owne Robert I. Parker, et ux Frances C Propel Description: Lot .3 2, Block 2 of "Eva Maud" Subdivision ion Section One .Amount of Assessment: $663.94 74-.--.- Owner: Joseph D. Parish, Jr. et ux Vera G. Pro,,Der-;y Description; Lot 33, Block 2; "Eva Maud' Subdivision., Section One. -Amount of Assessment: .'$666.61'. Owner: iDal e D. Lingo, ux -et Bessie Mae Property Description: -Lot 63 Blo6k 3 of "Eva Maud" Subdivision'' Section One. Amount of Assessment: $671.21' Q� nem George F. Spanglet,'et ux.Wanda O.�' -ProK:-erty Descrii-lion Lot $4, Blodk 3, of "Eva Maud'! subdivision, Section Two. Amount -of Assessment: $671.2}: Om-,ner: Thomas E Antle et ux Joyce, 5'i' bdivision , Pr ' ­,erty De scrintiori: Loi 850 'Block ` of -Maud.' Bu Section' Two Amount of Assessment: $671021 11. 0,; Eleah-ode -?ner. Chester S. Briritie� et; ux Property Description:: Lot 112,,., Bock ,5,, of.."Eva Maud" 3 tibdl i v i s i 0 n , Section Two. Arlo at of Assessment:. $652.28 12. Owner: John Marshall Remkes,,et ux Mar y Pauline' Property Descrit)tion: Lot 113 Block 6, of Z' va Maud.' 'Subdivision, Section Two. f Agofimejut: $709.13 rao-unt-Q fi 7 honorableJaaa,;or a Ciiy Counc:� City of Bay cows n. Re': 'PaVing of Ward Road ay IS . Oviner: jessee M. Rodriguez, :,t u,c R� o:!L Ne L_i.: ✓" Pra �erty Da Let 150 Bloc ` " ?+; � ", ;i- { of Ezra r`_auc SuL-Ii ris_on, Section Yki eG� . Amount of Assessment: $527.60 14. 'Owner: Tommie Jones, et ux Anr'eiisa Pronertv DescriLtio_ao Lot 151., M: clk 7, pZ "Eva Maud Subdiv:isiori, SectiOFl Three. Amount of Assessment: $527.00 '15. i 0-va ner: P.oy'M taylor, et ux Deioris Prog rL':r_l�escription: Lo'� i, of W41Tie SuIxil�7 ±u.to�i, Section Oi1C -. :... - Ari20.3t of Asses* SSF$ Sna t: $027.5 _ 16. Owner: ' Fames A. idoseley, et ux,Joyce iAo Prcz)erty DescrtAtioxa: Lot 28 of "Bowie" Subrd' IV ision,, Sect +o_`i Une. Amount of Assessment,: $627.60 17.. Owner: John W. Tyler, et u�_ Lorc -ie Pro pity Dascr?gtion- Lot 9, of "Bowie" Suf Ii�rislan, Section 7'c�;;�. - Amoun -t of Assessment.' $627.08 18. Owner: Paul iN . irv'ade, et. ux Betty Pro:,erty Descri�:)tlgn: Lot 50 of "Pcv,%,ie" Subdivision, Sectson av,rc. :,-Amount of Assessr2rit: $f 27 , 60,. 19. O�urcr: «rites I}. White, et ux Alma F . '. ProUerty De cri tion:: Loi: 73 of owie Subdivision, Section TI- eo. . Amount of Assessment: $575.30, J ` Honorable Mayor d, ' V1�y V(yL?T1Cli ( � City of Baytown r lie:. P<ving.ofII'�'ard Road A /jay,22 f 1X70 -4� A5." . 0%Ynero Jai neS K. Snap Jr.. et uw Donothy LeG zro-�c+rt' D:3� ^..�r)TlOxi:_A-' of s -'.:%? cerfaix -i L'r ci of land conveyed to James K. c811a0p, Jr. et ux Dorothy luc �)y A• r.. d+icN �ia, C$ Z1 : Vr'1i,.? "CC,orC�4CZ.�F1 `%O�LtIIIL' 5180, " �2av JJ of, .Deed C�^-.cords of 'Harris CouAty, ef. aSo A [:S ©uni of 8'-�ssessin -ent: aCjitt�V a�is 29 . O A7itere H. El e Harris r vi L?X QC.'3' Ia ProoeYt�, 1D�e scs � :.t ion: AU of Lot I Mock � , of M i l by Dare Subdivision, Section. One, save and ex e -t tliat certain ::arcel conveyed to the City , of !�a tc; n: %or right-of -way- ;T ti �- du _cd recorded in Lfo3u�!�e 7 � i 2 , a t Page 207 , of the'. 1 -lari is vourity Deed P�wr;�rds, Ili rri CouaaLy, Te a s. Amount of Assessment:, $245.8'06 3 3 Owner: Pa Hn© Ruth 'Le irn.al V4' " i- oporE� :?scTLJtio�'t: Lat 2t { i -'l: 1 of J? 1b1 LcZiC a'7'L? d3�riS?OYl, SeC$iOil One, save and e.-tce �� t's_az certain par, tai iaa�d t;o _ae;�od Vic+ %i�� City or` tzyto rn for rig lit— of�v�ay by c_eed rccor ed in•�iol' pie 3118, ai Page 2�2, C.li the Harris Comity Deed Records. -A7_-g0uIA of Assessment:, $245.86 3 Q= _r1Cre:, Q'�'cYl Pr @SEC31i El�l tiii ° t ..v^- G iL�'. i ?O�jGrie ion: E_ �'C$103. rro!ler4y Devcriot L t oj��lMo t One; Sav,C a-id e.ice*pt thuat L;e?'[a n arvt -'t Oi ic!Iit? Co1lVeyed 'to the G]f`.� of for ti lat- of -w'ay b- cieecl recorded in Vo�.zi_ne, 7330, G<: P:�ge 43£�t - .may _ o= tn� ..ed : Record s of ��ar, County, Texas. • . .Amount of Assessment: $245.86_ 33.' :. Quvner: -Daniel G. Edwards, et L= ap2riy De Gc rf>>;`ion_; :got 6, Block 2 , of �/� ilby' Dale Ari3:c�t s�i �:;iL���::r Five save-and except- that certak :;arc ;. o:f land- conveyed to t� �vity of $e ytoyd>"c EGA _�ir�ht-of- V,ay.by deed recorded in Volume x'390, at. Rage 432E Of :tht Deed Records' of llarri8 County, Texas ' '• :SY::tl�,?��t tip gaup SS1?Ze.?4:.. .$ 66a�J y• .',. e '"7'775777 77 . �! f :'S^"m'c?1R74r�i7o!Op7'£.Ts7 ��° J r .. Honorable J�a VTOL C. 1 City c6un�i 11. City of Baytown Ie: Paving of Ward Road Ma-;. 22; 1870 .34. Ot.(?xer: Loy Ferrell, et ux Estalle 1'rc�t�eziv D��scri.�tion� Lot 7, E�.cci. �, n 1v.;il %ill �<ie T�,zc - -:�, i�lurnbrr Five, save and except that certain l::aicel of land conveyed to -the City . of Eayto�,7n. for right-of-way purpo as by deed recorded i_z tTolurne 7409, : j at Page 166,* of i ie Deed Records of I- Terris "'oureiy, Tex-as. ...Amount of Asses ^:,:ent: $615.05 . 35....-- Owner: a uari L:e Cramer, e•4 u. -., c;111_ie !� »L r:c- ,cr.`t.�t.icI`: Lot i, F'lcck J, of liiS�1 Dal; =' ^X,' ZrllbGr {� z Five; save aril eXcc''.p th zL- certain parcel of l�a_�d �;ci?ve;�� ci tc the vity { of Bayto�r�n for 'L gh -o -jay" s�,, tieecl : recorded i:� volu�:xe 45J7, at Page ' 324, of fire Dead cords of Fiarn: 3 J'oxanty, Texas. Amount of A Ssessment: $S ` -' 42. Owner: Ro E.'ih2takr, et ux, V!oiet Pro:�cY1; De��orio�, or:: Ali of t'h� carrai:! tract of land cony =_ e:. to .. E. ;rilliitaker,, et ux Violet, bf Pink E. Le�ris in deed re:; ?:��cc? in Volum, 13�i1, a Page 542, of the Deed. Records of Har�ris.COUnty, Texase Amount.- Assess Assess r-nt: $2,756.71 46. Owner: ar33d C..�ro�vn,- et ux U:ary £. 1'i i7narty- De scriotion: All of that ccx'c in Tract of Ianri corr�� Tcd '.o Darold C , Erown,: et ux I'v4ary E. , by T. ' F . Odom in deed recorded in Val erne 4456J. . At Page 250, of the Deed Records of rtarris County, texas. . Arnount of Assessment: .8958010 . Std. d4�rneri' Wilfred iV o Ernenhiser, et ux Rasaiie An' Prooeity Descriction:l A11 of that ceitaifi tract of land' coavayad to Wiisred M. £nxefihiser, et u.% Rosalie A.; by Vor.�sand Electric Co:ric;any l;y deed recorded in Voiume .7437; at Page ' =25, .o: _he Deed Records of Harris Cownty, Texas.-L.. Amount .of Assessment: ; $271.00 .. J 0