Ordinance No. 1,827ORDINANCE NO.1827
AN ORDINANCE OF THECITY COUNCIL OFTHECITYOF
BAYTOWN,TEXAS,RATIFYING AND CONFIRMING ACTION
HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT
IMPROVEMENT OF WEST TEXAS AVENUE FROM THE WEST
RIGHT OF WAY LINE OF THOMAS CIRCLETO THE EAST
BANK OF GOOSE CREEK STREAMAND FROM THE WEST BANK
OF GOOSE CREEK STREAM TO THE EAST RIGHT OF WAY
LINE OF AIRHART DRIVE,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 THECITYOF BAYTOWN;MAKING
APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S
SHARE OF THE COST OF SAID IMPROVEMENTS;AND PROVIDING
FORTHE 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.1760 duly adopted and
approved on the 13th day of March,1975,the City
of Baytown did determine the necessity forand
orderthe permanent improvement of West Texas
Avenue in the City of Baytown within the limits
defined therein,and by Ordinance No.1826 did
amend the limits of West Texas Avenue to be improved
by paving as follows,to wit:
WEST TEXAS AVENUE,from the West right of way line
of Thomas Circle to the East bank of Goose Creek
Stream and from the West bank of Goose Creek
Stream to the East right of way line of Airhart
Drive,
anddid further by said Ordinance No.1760 order
and direct the City's Consulting Engineer to
forthwith prepare and with the City Council file
complete plans and specifications for such improvements,
and did therafter instruct said Consulting Engineer
to revise the plans and specifications for such
improvements so that construction of pavement
improvements,dirt fill work,and bridge con
struction would be performed under separate
contracts with the pavement improvements to be
constructed within thelimits defined in Ordinance
No.1826 ,and that pursuant to such directions,
the City's Consulting Engineer has filed with the
City Council plans and specifications for pavement
improvements,which have beendulyapproved and
adopted bythe 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 ap
pointed time and place in such advertisement
stated,bids were received and opened;
and such action of said City Council,as so heretofore
taken,isin 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 the sum
of Three Hundred Three Thousand Five Hundred Two and No/100
($303,502.00)Dollars,andthe 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 for its 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 law and of the specifications and bid for said work,
andthe 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.
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Section 4:The estimated amount of thecosts of
said improvements to be paid by the City of Baytown,Texas,
under the above mentioned contract is hereby found and
determined tobe thesum of Three Hundred Three Thousand
Five Hundred Two and No/100 ($303,502.00)Dollars,and there
is hereby appropriated out of the 1970 Capital Improvements
Funds of the City of Baytown,Texas,such sum of Three
Hundred Three Thousand Five Hundred Two and No/100 ($303,502.00)
Dollars which sum hasbeen certified bythe Director of
Finance of said City,evidenced by his signature at theend
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,
orso 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:Thatthis Ordinance
shall take effect from and after the date of 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 City of Baytown on
this the 10th day of July,1975.
TOM GENTRY,Mayor
ATTEST:
Q
EDNA OLIVER,City Clerk
APPROVED:
ON,City"Attorne?—
J.-^B."LEFEVRE,Director of Finance
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