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Ordinance No. 1,075r ORDINANCE NO. 1075 AN ORDINANCE .ACCEPTING THE WORK OF IMPROVING WARD ROAD IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CON - TRACT THEREFOR HERETOFORE ENTERED INTO- FINDING AND DETERMINING THAT SUCH WORK AND IiP�OVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CON- TRACT AND THAT THE CITY=S ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL, AND MAK- ING OTHER FINDINGS RELATED THERETO; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES 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 the follow- ing streets and avenues, or portions thereof, within the following limits in said City, to -wit: WARD ROAD, from the East line of Highway 146 to the West line of Kilgore Road, under and pursuant to the Contract therefor heretofore entered in- to between the City of Baytown, Texas, and Warren Brothers Company, Gulf District, Division of Ashland Oil & Refining Company, and (hereinafter referred to as "Contractors'), as authorized by Ordi- nance No. 1005 enacted on December 41 1969, and by Ordinance No. 1013 enacted on January 22, 1970, has been fully performed and completed 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 Coun- cil of said City and has recommended to said City Council that such work and improvements so constructed by said contractor be received and accepted; and that such work and improvements have been accept- ed 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. The City Council of said City hereby orders, directs and authorizes the payment to said Contractor of the fin- al 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 clos- ing the hearing on benefits and levying special assessments, the Mayor and City Clerk of said City are hereby authorized and di- rected 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 Contractor, said special assessment certifi- cates shall be executed in the name of said City by,the Mayor and -2- 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 a majority of the City Council of the City of Baytown, Texas. INTRODUCED, READ AND PASSED by a majority of the City Council of the City of Baytown, Texas, on this the ,� j- day of February � 1971 ATTEST: Edna Oliver, City Clerk APPROVED: ,o= 0z� City Attorney Glen Walker, Mdyor, City of Baytown, Texas -3- THE STATE OF TEXAS COUNTY OF HARRIS This is to certify that the above and foregoing is a true and correct copy of Ordinance No. IC 7�-- passed and adopted and approved by the City Council of the City of Baytown, Texas, at a -tI meeting hereof duly called and held on the _ � S day of February, 1971, as same appears of record in the minutes of said meeting, at which meeting a quorum of the City Council was present and all present voted for the approval, passage and adoption of said Ordinance. To certify which witness my hand and seal of the said City of Baytown, this the day of February, 1971 . Edna Oliver, City Clerk, City of Baytown, Texas