Ordinance No. 1,558ORDINANCE NO.1558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
DIRECTING WARREN BROTHERS COMPANY,GULF DISTRICT,DIVISION OF
ASHLAND OIL,INC.,CONTRACTOR,TO PROCEED WITH THE IMPROVING OF
CERTAIN PORTIONS OF GARTH ROADFROM THE NORTH LINE OF PARK STREET
TO THE SOUTH LINE OF BAKER ROAD,IN THE CITY OF BAYTOWN,TEXAS;
AGREEING UPON THE COMPLETION OF SAID IMPROVEMENTS ANDTHE AC
CEPTANCE THEREOF BY SAID CITY IN ACCORDANCE WITH THE TERMS OF
THE CONTRACT BETWEEN SAID CITY AND SAID CONTRACTOR,DATED DE
CEMBER 21,1972,THE CITY OF BAYTOWN WILL PAY THE CONTRACTOR
FOR THE CONSTRUCTION OF SAID IMPROVEMENTSAND APPROPRIATE FUNDS
TO COVER SUCH ADDITIONAL COSTS NOW PROVIDED FOR BY THE TERMS OF
SAID CONTRACT ANDPROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City Council of the City of Baytown,Texas,has heretofore
by Ordinance No.1288 duly enacted on October 26,1972,determined the necessity
for and ordered the improvement of Garth Road,within the limits in said ordi
nance defined and have heretofore entered into a contract with Warren Brothers
Company,Gulf District,Division of Ashland Oil,Inc.,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 herein
after referred to are exempt from enforcement of such liens;and
WHEREAS,suit has been filed in the District CourtofHarrisCounty,Texas,
by certain property owners alongGarth Road,contesting the validity of the
liens against their property;and
WHEREAS,said suit challenging the assessments hasnot been finally adju
dicated;and
WHEREAS,the hereinabove referred to suit may affect the validity of all
liens along Garth Road;and
WHEREAS,the City desires to secure to the Contractor the payment of the
amount of anypaving certificate or certificates which would be issued against
such parcelsofland and the owners thereof,in the event it was legally possible
to levy valid assessments against said property forthe property owner's part
of the cost of such improvements,rather thanhave the Contractor omit the im
provements 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,Gulf District,Division of Ashland Oil,Inc.,under said Contract awarded
by Ordinance No.1320 duly enacted on December 21,1972,and reawarded by Ordinance
No.1330 enacted on January 11,1973,for the paving and otherwise improving
of Garth Road within thelimits defined in the ordinances above referred to,
to proceed with the improvement of those portions of said street upon which
the following described properties abut,notwithstanding the factthat certain
of said properties appear tobe exempt from liens for such improvement,and
notwithstanding the fact the ownersof 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 February 18,1974,from said Contractor,to the Mayor and City
Council of the City of Baytown,andnot withstanding the fact that owners of
certain properties abutting Garth Road have filed a lawsuit contesting the validity
of the liens against their property and of any lien in this project,because
of the use of Bond Funds in a project to be paid partlyby the City and partly
by the abutting property owners.
Section 2:Upon the completion of the work covered by said contract in
accordance with the terms thereof,the City of Baytown hereby agrees and becomes
obligated to pay to such Contractor the sum of Ten Thousand One Hundred Sixty-
Four and 78/100 ($10,164.78)Dollars,such amount to be paid to the Contractor
on account of the improvements tobe constructed on said street in front of
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f
said parcels of land appearing to be exempt from liens where the owners of said
parcels havenot secured the payment of the amounts whichwould be assessed
against them as the owners of such properties,and an amount equal to the liens
which may be held invalid by reason of the abovementioned lawsuit,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 tobe 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 contract.The Cityof Baytown agrees to pay such Contractor
the sum of Seventy-Two Thousand Eight Hundred Sixty-Eight and 83/100 ($72,868.83)
Dollars,such amount equal to the liens which may be held invalid as a result
of the lawsuit filed in District Court,Harris County,Texas;and the City of
Baytown further agrees to pay such Contractor the sum of One Hundred Thirty-
Four Thousand Four Hundred Sixty-Five and 03/100 ($134,465.03)Dollars,such
amount to be paid to the Contractors on account of the improvement tobecon
structed on said parcels of land,such amount equal to the entire paving liens
obtained which may be held invalid as a resultof the lawsuit filed in the District
Court,Harris County,Texas.All payments hereinabove provided for shall be paid
^pk by the City of Baytown to Contractor upon completion of saidimprovements inac
cordance with the terms of said contract.
Section 3:The City Council hereby appropriates the sum of One Hundred
Thirty-Four Thousand Four Hundred Sixty-Five and 03/100 ($134,465.03)Dollars
out of the 1970 CAPITAL IMPROVEMENTS,STREETS FUND,which is available for such
purposes to paythe additional costs of the improvements of said street,as here
inabove provided over and above the sum heretofore appropriated to pay the City's
portion of the cost ofsaid improvements,or so much thereof as may be necessary
to payand discharge the obligation of the City of Baytown created and evidenced
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by this ordinance,which shall be construed as a contract and agreement binding
mutually uponboth saidCity and said Contractor insofar as additional costs
are involved.
Section 4:Effective Date:That this ordinance shall take effectfrom
and after the date of its passageby the affirmative vote of the City Council
of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative voteof the City Council
of the City of Baytown this28th dayof i February ,1974.
ALLEN CANNON,Mayor Pro Tern
ATTEST:
EDNA OLIVER,CityClerk
APPROVED:
7tu//L£<Ji4—
NEEL RICHARDSON,City Attorney
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