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Ordinance No. 1,0420 ORDINANCE NO. 1042 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING SOUTH MAIN STREET IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL, AND MAKING OTHER FINDINGS RELATED THERETO; AU- THORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTI- FICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council of the City of Baytown, Texas, hereby finds and determines that the work of improving South Main Street within the following limits in said City, to -wit: SOUTH MAIN STREET, from 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, in the City of Baytown, Texas, under and pursuant to the Contract therefor heretofore entered into between the City of Baytown, Texas, and Gulf Bitulithic Company, a division of Warren Brothers Company, and (hereinafter referred to as "Contractor "), as authorized by Ordinance No. 942 enacted on November 7, 1968, has been fully performed and compelted in accordance with the terms and provisions of said Contract and the plans and specifications made a part thereof; and that the City's Engineer has examined, measured and caused to be tested, the finished work and improvements by the means and in the manner provided by said Contract and said plans and specifications therefor, and has found that said work and improvements have been constructed and completed in full compliance with the terms and provisions of said Contract and said plans and specifications; and further that said City's Engineer has approved and accepted said work and improvements and has so certified to the City Council of said City and has recommended to said City Council that such work and improvements as constructed by said Contractor be received and accepted; and that such work and improvements have been accepted by the City Manager of the City of Baytown and by said City's Engineer; and Section 2: The City Council of the City of Baytown, Texas, does hereby find that said work and improvements above identified have been performed and completed by the said Contractor in full compliance with the terms and provisions of said Contract and the plans and specifications therefor, and such work and improvements are here and now accepted and received by the City of Baytown and by the City Council of the City of Baytown, Texas. Section 3: The City Council of said City hereby orders, directs and authorizes the payment to said Contractor of the final estimate and amount payable and due to it under the terms of said contract upon the completion of said work and improvements. Further, in accordance with the Ordinance heretofore enacted closing the hearing on benefits and levy- ing special assessments, the Mayor and City Clerk of said City are hereby authorized and directed to issue to said Contractor assignable special assessment certificates, payable as specified in said Ordinance, evidencing the special assessments levied against the property abutting upon said street within the limits hereinabove defined, and against the real and true owner or owners thereof, which, by the terms of said Contract, the City has agreed and obligated itself to issue and deliver to said Con- tractor; said special assessment certificates shall be executed in the name of said City by the Mayor and City Clerk thereof and impressed with the seal of said City, and dated as of the date hereof, and said officers of the City are hereby authorized and directed to execute said certificates in their official capacity on behalf of said City, and deliver same to said Contractor. Section 4: 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, Texas. INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown, Texas, on this the22nQ day of Octl�`ble��f 1970. 21 ATTEST: C. GLEN WALKER, Mayor