Ordinance No. 2,0796986
ORDINANCE NO.2079
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING WEST TEXAS
AVENUE IN THE CITY OF BAYTOWN,TEXAS,WITHIN THE LIMITS
HEREINBELOW DEFINED,UNDER A CERTAIN CONTRACTTHEREFOR
HERETOFORE ENTERED INTO;FINDING AND DETERMINING THAT
SUCH WORK AND IMPROVEMENTS HAVEBEEN COMPLETED IN
ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S
CONSULTING ENGINEERS HAVE SO FOUND AND HAVE SO CERTI
FIED 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 THECITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:TheCity 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:
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 GooseCreek Stream to the
East right-of-way line of Airhart Drive.
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 toas "Contractor"),as
authorized by Ordinance No.1827 enacted on July 10,1975,
has been fully performed and completed in accordance with
the terms and provisions of said Contract and the plans and
specifications made a part thereof;and that the City's
Consulting 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,andhas found that said work
and improvements have been constructed and completed in full
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compliance with the terms and provisions of said Contract
and said plans and specifications;and further that said
City's Consulting Engineers have approved and accepted said
work and improvements and have so certified to the City
Council of said City and have recommended to saidCity
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 Consulting Engineers;
and
Section 2:TheCity Council of theCity of Baytown,
Texas,does hereby find that said work and improvements
above identified have been performed and completed bythe
said Contractor in full compliance with the terms and pro
visions of said Contract and the plans and specifications
therefor,and such work and improvements are here and now
accepted and received by the City of Baytown and by the City
Council of the City of Baytown,Texas.
Section 3:The City Council of said Cityhereby orders,
directs,and authorizes the payment to said Contractor of
the final estimate and amount payable anddue to it under
the terms of said Contract upon the completion of said work
and improvements.Further,in accordance with the Ordinance
heretofore enacted closing the hearing on benefits and
levyingspecial 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
uponsaid street within the limits hereinabove defined,and
against the real and true owner or owners thereof,which,by
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the 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 the seal 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 the City of Baytown,Texas,on this 9thday
of September 1976.
TOM GENTRY,Mayor
ATTEST:"
P.
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RZCHARDSON,City^ttorney
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