Ordinance No. 1,330ORDINANCE NO. 1330
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING
AND CONFIRMING CERTAIN ACTIONS HERETOFORE TAKEN IN
CONNECTION WITH THE PERMANENT IMPROVEMENT OF GARTH
ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; REACCEPT-
ING THE BID OF AND REAWARDING A CONTRACT TO WARREN
BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND
OIL, INC., FOR THE CONSTRUCTION OF SAID IMPROVEMENTS;
REAPPROVING THE CONTRACT, PERFORMANCE BOND AND PAYMENT
BOND FOR THE DOING OF SAID WORK; RATIFYING, CONFIRM-
ING AND ADOPTING THE EXECUTION OF SAID CONTRACT BY THE
MAYOR AND CITY CLERK ON BEHALF OF THE CITY OF BAYTOWN,
TEXAS; MAKING AN APPROPRIATION OF AVAILABLE FUNDS TO
PAY THE CITY'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 BAYTOWN:
Section 1: The City Council of the City of Baytown hereby
finds and determines:
(a) That by Ordinance No. 1288 duly adopted and ap-
proved on October 26, 1972, the City of Baytown did
determine the necessity for and order the permanent
improvement of Garth Road in the City of Baytown
within the following limits:
GARTH ROAD: From the North line of Park
Street to the South line of Baker Road,
and did by said Ordinance approve and adopt the Plans
and Specifications for said improvements as prepared
and submitted to the City Council by its Consulting
Engineers, Busch,Hutchison & Associates, Inc.; and
(b) That pursuant to direction of said City Council,
advertisement for bids for construction of said im-
provements, as required by law was published, and had,
and thereafter, at the appointed time and place in
such advertisement meeting of said City Council,
whereupon the bid of Warren Brothers Company, Gulf
District, Division of Ashland Oil, Inc. for the sum
of $1,145,740.12 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 by Ordinance No. 1320 duly enacted on De-
cember 21, 1972, the City Council of the City of
Baytown, Texas, did accept the bid of, and awarded
the Contract for the construction of said improve-
ments to, Warren Brothers Company, Gulf District,
Division of Ashland Oil, Inc., and further by said
Ordinance did authorize and direct the Mayor and
City Clerk of said City to execute the Contract
on behalf of the City of Baytown, Texas; and
(d) The City Council now finds that it should
reaward said Contract, reapprove its form and
execute and make a proper appropriation of avail-
able funds to cover the City's portion of the
costs of said improvements to be constructed und-
er 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 improve-
ments to, Warren Brothers Company, Gulf District, Division of Ashland
Oil, Inc., and the approval and execution of said Contract and the
Performance and Payment Bonds in connection therewith.
Section 3: 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, Inc. for the construction of said improve-
ments for the sum of One Million One Hundred Forty -Five Thousand
Seven Hundred Forty and 12/100 Dollars ($1,145,740.12) and the Con-
tract for the construction of said work and improvements for said
amount is hereby reawarded to the said Warren Brothers Company, Gulf
District, Division of Ashland Oil, Inc.
Section 4: That said Warren Brothers Company having heretofore
executed and submitted to the City CouncilfiDr its approval the writ-
ten Contract, Performance and Payment Bonds, all as required by law
and as approved by the City Attorney, such Contract being dated De-
cember 21, 1972, said 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 approved and accepted, and the Mayor and the
City Clerk of the City of Baytown, Texas, having executed said Con-
tract 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.
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Section 5: The estimated amount of the costs of said improve-
meets to be paid by the City of Baytown, Texas, under the above men-
tioned Contract is hereby found and determined to be the sum of
$ 998,740.12 and there is hereby appropriated out of the
BAYTOWN CAPITAL IMPROVEMENTS, 1970
funds of the City of Baytown, Texas, such sum of $ 998,740.12 which
sum has been certified by the Director of Public Finance of said
City, evidenced by his signature at the end of this Ordinance, 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 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 effect from
and after the date of its passage by an affirmative vote of a majori-
ty of the City Council of the City of Baytown.
INTRODUCED, READ AND PASSED by an affirmative vote of a majori-
ty of the City Council of the City of Baytown on this the 11th day
of January, 1973.
ATTEST:
EDNA OLIVER, CITY CLERK
APPROVED:
C. GLEN WALKER, MAYOR
NEEL RI HA DSON, CITY ATTORNEY
TO OF F NA LE
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THE STATE OF TEXAS ]
]
COUNTY OF HARRIS ]
THIS IS TO CERTIFYthat the above and foregoing is a true and
correct copy of Ordinance No.1330 approved and adopted by the
City Council of the City of Baytown, Texas, at a meeting thereof
duly called and held on the 11th day of January, 1973, as the same
appears of record in the Minutes of said meeting, and at which meet-
ing a quorum of the City Council was present and all present voted
for the adoption of said Ordinance.
TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF THE CITY OF
BAYTOWN, on this the 12th day of January, 1973.
EDNA OLIVER, CITY CLERK,
CITY OF BAYTOWN, TEXAS
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