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Ordinance No. 1,429ORDINANCE NO.1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORETAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF TENTH STREET,FROM THE NORTH RIGHT OF WAY LINE OF FAYLE STREET TO THE SOUTH RIGHT OF WAY LINE OF WARD ROAD IN THE CITY OF BAYTOWN,TEXAS;ACCEPTING THE BID OF ANDAWARDINGA CONTRACT TO BROWN AND ROOT,INCORPORATED FOR THE CONSTRUCTION OF SAID IMPROVEMENTS;APPROVING THE CONTRACT AND PERFORMANCE BOND FORTHE CONSTRUCTION OF SAID WORK;AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN;MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OFSAID IMPROVEMENTS; AND PROVIDING FOR THEEFFECTIVE 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.1414 duly adopted and approved on June 14,1973,the City of Baytown did determine the necessity for and order the permanent improvement of Tenth Street in the City of Baytown within the limits defined: TENTH STREET:From the Northright of way line of Fayle Street to the South right of way line of Ward Road, and did by said ordinance order and direct the City's Consulting Engineer to forthwith prepare and with the City Council file com plete plans and specifications for such improvements,and that pursuant to such directions the City's Consulting Engineer has filed with the City Council plans and specifications for said improvements,which havebeenduly approved and adopted by the CityCouncil;and (b)That pursuant to direction ofsaid City Council,advertisement for bids for construction of said improvements,as required by law was published,and had,and thereafter,at the appointed time andplaceinsuchadvertisementstated,bids were received and opened; and such action of saidCity Council,as so heretofore taken,isin all things hereby ratified and confirmed. Section 2:That the City Council of the Cityof Baytown,Texas,has and does herebyaccept the bid of Brown and Root,Incorporated for the construction of said improvements for the sum of Ninety Thousand Five Hundred Ninety-Eight and 25/100 ($90,598.25)Dollars,and the contract for construction of said work /#, and improvements for said amount is hereby awarded to the said Brown &Root, Incorporated. Section 3:That having heretofore executed and submitted to the City Council for its approval the written contract and performance bond as approved by the City Attorney,such contract and bond are herebyapproved and accepted as being in full compliance with all requirements of the lawand of the speci fications and bidfor said work,and the surety on said performance bond should be,and the same is hereby approved and accepted as valid and sufficient for the amount stated therein,and the Mayor and City Clerk of the City of Baytown, Texas,are hereby authorized,empowered and directed to execute said contract in the name of said City of Baytown,Texas,attesting the same in proper form with the seal of the City of Baytown. Section 4:The estimated amount of the costs of said improvement to bepaidby the City of Baytown,Texas,under the above mentioned contract is hereby found and determined tobe the sum of $53,798.25 and there is hereby appropriated out of the BAYTOWNCAPITAL IMPROVEMENTS,1970 funds of the City of Baytown,Texas,such sum of $53,798.25 which sum has been certified by the Director of 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 paythe 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. Section 5:Effective Date:That this Ordinance shall take effect from and after the dateof its passage by an affirmative vote of a majority of the City Council of the City of Baytown. INTRODUCED,READ and PASSED by an affirmative vote of a majority of the City Council of the Cityof Baytown onthis the 12th day ofJuly , 1973. TOM GENTRY,Mayor -2- ATTEST: EDNA OLIVER,City Clerk By:BELINDA BINGHAM,TJeputy<City Clerk APPROVED: IajuJ NEEL RIQHARDSON,City Attorney J.B^LEFEVRE,Director of Finance -3-