Ordinance No. 1,8686109
ORDINANCE NO.1868
AN ORDINANCE OF THE CITY OF BAYTOWN,TEXAS,RATIFYING
AND CONFIRMING CERTAIN ACTIONS HERETOFORE TAKEN IN
CONNECTION WITH THE PERMANENT IMPROVEMENT OF DECKER
DRIVE,WITHIN THE LIMITS HEREINBELOW SET OUT;REACCEPTING
THE BID OF AND REAWARDING A CONTRACT TO BROWN &ROOT,
INC.FOR THE CONSTRUCTION OF SAID IMPROVEMENT;REAPPROVING
THE CONTRACT,PERFORMANCE BOND,AND PAYMENT BOND FOR
THE CONSTRUCTION OF SAID WORK;RATIFYING,AND CONFIRMING
AND ADOPTING THE EXECUTION OF SAID CONTRACT BYTHE
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 THECOSTS OF SAID IMPROVEMENT
UNDER SAID CONTRACT;AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THECITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:The City Council of theCity of Baytown
hereby finds and determines:
(a)That by Ordinance No.1867 duly adopted and
approved on September 11,1975,theCity of Baytown did
determine the necessity for and order the permanent
improvement of Decker Drive in the City of Baytown
within the following limits:
Decker Drive,from 80.45 feet southeast of the
centerline of GarthRoad to the extension
of thesouth right of way of Defee (ap
proximately 1900 feet),in the City of
Baytown,Texas,
and did by said Ordinance reapprove and readopt the Plans
and Specifications for said improvement as prepared and sub
mitted to the City Council by its City Engineers and approved
at the regular meeting of the City Council on the 24th day
of April,1975;and
(b)That pursuant to direction of saidCity Council at
said meeting,advertisment for bids for construction of
said improvement,as required by law was published,and
had,and thereafter,at the appointed time and place in
such advertisement stated,bids were received and
opened,whereupon the bid of Brown&Root,Inc.for the
sum of $123,528.15 for the construction of the above
described improvement was found and determined to be
thelowest and most advantageous bid for said work and
improvement,and such bid of Brown &Root,Inc.was
accepted;and
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*.(c)Thatby Ordinance No.1834 duly enacted on July
__y 24,1975,theCity Council of the City of Baytown,
Texas,didaccept the bid of,and awarded the Contract
for the construction of said improvement to,Brown &
Root,Inc.,and further by said Ordinance did authorize
and direct the Mayor and City Clerk of saidCity 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 execution and
make a proper appropriation of available funds to cover
the City's portion of the costs of said improvement to
be construction under 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 ac-
*;ceptance of the bid of,and the awarding of the Contract for
the construction of said improvement to,Brown &Root,Inc.
and the approval and execution of said Contract andthe
Performance and Payment Bonds in connection therewith.
Section 3:That the City Council of the City of Baytown,
Texas,here and now reaccepts the bid of Brown &Root,Inc.
for the construction of saidimprovement for the sum of One
Hundred Twenty-Three Thousand Five Hundred Twenty-Eight and
15/100 ($123,528.15)Dollars and the Contract forthe construction
of said work and improvement for said amount is hereby
^reawarded to the said Brown &Root,Inc.
Section 4:That said Brown &Root,Inc.having heretofore
executed and submitted to the CityCouncil for its approval
the written Contract,Performance and Payment Bonds,all as
required by law and as approved by theCity Attorney,such
Contract being dated August 12,1975,said Contract and
Bonds are hereby reapproved and accepted as being in full
compliance with all requirements of the law andthe specifications
and bid for said work,andthe surety on said Bonds are
hereby approved and accepted,andthe Mayor andthe City
Clerk of the City of Baytown,Texas,having executed said
T Contract 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
improvement to be paid by the City of Baytown,Texas,under
the above mentioned Contract is hereby found and determined
to be the sum of $123,528.15 and there is hereby appropriated
out of the BAYTOWN CAPITAL IMPROVEMENTS,1975 STREET FUNDS
of the City of Baytown,Texas,such sum of $123,528.15,
which sum has been certified by the Director of Finance of
said City,evidenced by his signature at the end of this
Ordinance,tobe an unencumbered balance of an appropriation
and available funds for such purpose,to pay the City of
Baytown's share of the costs of saidimprovement,or so much
thereof as may be necessary to payand discharge the obligations
of theCity of Baytown,Texas,undersaid Contract.
Section 6:Effective Date:That this 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.
INTRDOUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 11th day of
September,1975.
y TOM GENTRY,Mayor
ATTEST:
JU,
EDNA OLIVER,City ClerR
APPROVED:
N7 CityAttorney
J.B.LEFEVRE,Director of Finance
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