Ordinance No. 2,558ORDINANCE NO. 2558
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AN ORDINANCE RATIFYING AND CONFIRMING ACTION HERETOFORE
TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
LYNCHBURG ROAD, ASHLEYVILLE STREET AND WYE DRIVE IN
THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND
AWARDING A CONTRACT TO MARATHON PAVING AND UTILITY
CONSTRUCTORS INC. FOR THE CONSTRUCTION OF SAID IMPROVE-
MENTS; 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; AND PROVIDING FOR THE 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. 2441 duly adopted and
approved on April 13, 1978, the City of Baytown did
determine the necessity for and order the permanent
improvement of Lynchburg Road, Ashleyville Street, and
Wye Drive in the City of Baytown within the limits
defined:
Lynchburg Road - -from the existing pavement header
at the west right -of -way line of Loop 201 to the
east right -of -way line of Airhart Drive, a distance
of 900 feet;
Ashleyville Street- -from the east right -of -way line of
North Main Street to a point 710 feet east;
Wye Drive - -from the existing west end of Wye Drive to
the east easement lines of Harris County Flood Control
Drainage Ditch Q- 105- 03 -00, a distance of 775 feet,
and did by said ordinance 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 that pursuant to such directions
the City's Consulting Engineer has filed with the City
Council plans and specifications for said improvements,
which have been duly approved and adopted by the City
Council; and
(b) That pursuant to direction of said City Council,
advertisement for bids for construction of said improve-
ments, 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;
and such action of said City Council, as so heretofore
taken, is in all things hereby ratified and confirmed.
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Section 2: That the City Council of the City of
Baytown, Texas, has and does hereby accept the bid of Marathon
Paving and Utility Constructors Inc. for the construction of
said improvements for the sum of Two Hundred Ninety -Seven
Thousand Seven Hundred Thirty and 50/100 ($297,730.50)
Dollars, and the contract for construction of said work and
improvements for said amount is hereby awarded to the said
Marathon Paving -and Utility Constructors Inc.
Section 3: That Marathon Paving and Utility Constructors
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, and the 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.
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 be the sum of Two Hundred Ninety -Seven Thousand Seven
Hundred Thirty and 50/100 ($297,730.50) Dollars, and there
is hereby appropriated out of General Obligation Bond Funds
and Revenue Sharing Funds of the City of Baytown, Texas,
such sum of Two Hundred Ninety -Seven Thousand Seven Hundred
Thirty and 50/100 ($297,730.50) Dollars which sum has been
certified by the Director of Finance of said City, evidenced
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ad
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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 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: That this ordinance shall take effect from
and after the date of its passage.
INTRODUCED, READ and PASSED by an affirmative vote of
a majority of the City Council of the City of Baytown on
this the 12 day of October , 19 78.
ATTEST:
n
EILEEN P. HALL, City Clerk
APPROVED:
4IMETT 0. 140;6 0, Mayor
s�
COTT BOUNDS, City Attorney
1:: L-L5-
�B. LEFEVRE, Director of�-Finance
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