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Ordinance No. 1,742ORDINANCE NO.1742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF POST OAK DRIVE FROM THE WEST RIGHT OF WAY LINE OF BAYWAY DRIVE TO THE EAST PROPERTY LINE OF LAKEWOOD SUBDIVISION,SECTION P,IN THE CITY OF BAYTOWN,TEXAS;ACCEPTING THE BID OF AND AWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT,DIVISION OF ASHLAND OIL INC.FOR THE CONSTRUCTION OF SAID IMPROVEMENTS;APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE 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 OF SAID IMPROVEMENTS;ANDPROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1:The City Council ofthe City of Baytown hereby finds and determines: (a)That by Ordinance No.1704 duly adopted and approved on the 24th day of October,1974 and Ordinance No.1734 duly adopted and ap proved on the 9th day of January,1975,the City of Baytown did determine the necessity for and order the permanent improvement of Post Oak Drive in the City of Baytown within the limits defined: POST OAK DRIVE,from the west right of way line of Bayway Drive to the east pro perty lineof Lakewood Subdivision, Section P; and did bysaid ordinances 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 andspecifi cations for said improvements,which have beenduly approved and adopted by the City Council;and (b)That pursuant to direction of said City Council,advertisement for bids for construction of said improvements,as required by law was published,and had,and thereafter,at the appointed timeand place in such advertisement stated,bids were received and opened; and such action of said City Council,as so heretofore taken,is in all things hereby ratified and confirmed. /# Section 2:That the City Council of the City of Baytown,Texas,has and does hereby accept the bid of Warren Brothers Company,Gulf District,Division of Ashland Oil Inc.for the construction of said improvements for thesum of Fifty-Seven Thousand One Hundred Seventy-Seven and No/100 ($57,177.00) Dollars,and the contract for construction of said work and improvements for said amount is hereby awarded to the said Warren Brothers Company,Gulf District,Division of Ashland Oil Inc. Section 3:That Warren Brothers Company,Gulf District, Division of Ashland Oil Inc.having heretofore executed and submitted to the City Council forits approval the written contract and performance bond as approved by the City Attorney,such contract and bond are hereby approved and accepted as being in full compliance with all requirements of the lawand of the specifications andbid for said work,and the surety onsaid performance bond should be,and the same is herebyapproved and accepted as valid and sufficient for the amount stated therein, and the Mayor and City Clerk of the City of Baytown,Texas,are js^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 improvements to be paid by the City of Baytown,Texas,under the above mentioned contract is hereby found and determined to bethe sum of Fifty-Seven Thousand One Hundred Seventy-Seven and No/100 ($57,177.00)Dollars andthere is herebyappropriated out of the 1970 Capital Improvements funds of the City of Baytown,Texas, suchsum of Fifty-Seven Thousand One Hundred Seventy-Seven and No/100 ($57,177.00)Dollars which sum has been certified by the f 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 pay the -2- 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 date of its passage byan 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 City of Baytown on this the13th day of February ,19 75. TOM GENTRY",'Mayor V ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RICHARDSON,City Attorney J.<B.LEFEVRE/,Director of Finance -3-