Ordinance No. 1,9216320
ORDINANCE NO.1921
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING
GARTH ROAD IN THE CITY OF BAYTOWN,TEXAS,WITHIN
THELIMITS HEREINBELOW DEFINED,UNDER A CERTAIN
CONTRACT THEREFOR HERETOFORE ENTERED INTO;FINDING
AND DETERMINING THATSUCH WORK AND IMPROVEMENTS
HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT
AND THAT THE CITY'S ENGINEERS HAVESO FOUND AND
HAVE SOCERTIFIED TO THE CITY COUNCIL;AUTHORIZING
AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE
AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL
ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF
BAYTOWN,TEXAS:
Section 1:The City Council of the City of Baytown,
Texas,hereby finds and determines that the work of improving
the following streets and avenues,or portions thereof,
within the following limits in said City,to-wit:
GARTH ROAD,from the North line of Park Street
to the South line of Baker Road,
under and pursuant to the Contract therefore heretofore
entered into between the City of Baytown,Texas,and Warren
Brothers Company,Gulf District,Division of Ashland Oil,
Incorporated (hereinafter referred to as "Contractor"),as
authorized by Ordinance No.1320 enacted on December 21,
1972,which contract was reawarded to same Contractor by
Ordinance No.1330 enacted on January 11,1973,has been
fully performed and completed in accordance with the terms
and provisions of said Contract andthe plans and specifications
made a part thereof;and that the City's Engineers have
examined,measured and caused to be tested,the finished
work and improvements by the means and in the manner provided
by said Contract and said plans and specifications therefor,
and has found that said work and improvements have been
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constructed and completed in full compliance with the terms
and provisons of said Contract and said plans and speci
fications;and further that said City's Engineers have
approved and accepted said work and improvements and have so
certified to the City Council of saidCity and have recom
mended to said City Council that such work and improvements
so constructed by said Contractor be received and accepted;
and that such work and improvements have been accepted by
the City Manager of the City of Baytown and by said City's
Engineers;and
Section 2:The City Council of the City of
Baytown,Texas,does hereby find that said work and improve
ments above identified have been performed and completed by
the said Contractor in full compliance with the terms and
provisions of said Contract andthe plans and specifications
therefor,and such work and improvements are here and now
accepted and received by the City of Baytown and bythe City
Council of the City of Baytown,Texas.
Section 3:The City Council of said City hereby
orders,directs,and authorizes the payment to said Con
tractor of the final estimate and amount payable and due to
it under the terms of said Contract upon the completion of
said work andimprovements.Further,in accordance with the
Ordinance heretofore enacted closing the hearing on benefits
and levying special assessments,the Mayor and City Clerk of
said City are hereby authorized and directed to issue to
said Contractor assignable special assessment certificates,
payable as specified in said Ordinance,evidencing the
special assessments levied against the property abutting
upon said street within the limits hereinabove defined,
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and against the real andtrue owner or owners thereof,
which,bythe terms of said Contract,the City has agreed
and obligated itself to issue and deliver to said Contractor;
said special assessment certificates shall be executed in
the name of said City by the Mayor and City Clerk thereof
and impressed with theseal of said City,and dated as of
the date hereof,and said officers of the City are hereby
authorized and directed to execute said certificates in
their official capacity on behalf of said City,and deliver
same to said Contractor.
Section 4:This Ordinance shall take effect from
and after the date of its passage by a majority of the City
Council of the City of Baytown,Texas.
INTRODUCED,READ and PASSED by a majority of the
City Council of theCity of Baytown,Texas,on this11th
day of December ,1975.
TOM GENTRY,Mayor V
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
CHARDSON,City Attorn
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