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Ordinance No. 2,7050 90 * -' 8 ORDINANCE NO. 2705 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING LYNCHBURG ROAD, ASHLEYVILLE STREET, AND WYE DRIVE IN THE CITY OF BAYTOWN, TEXAS, UNDER A CERTAIN CONTRACT THEREFOR. HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S CONSULTING ENGINEERS HAVE SO FOUND AND HAVE SO CERTIFIED 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 OF THE CITY OF ® BAYTOWN: Section l: 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: LYNCHBURG ROAD- -from the east right -of -way line of Airhart Drive to a point 900 feet east to the west right -of -way line of Loop 201; ASHLEYVILLE STREET- -from the east right -of -way line of North Main Street; WYE DRIVE- -from the east easement line of Harris County Flood Control Ditch #Q- 105 -03 -00 to a point 775 feet east,, under and pursuant to the contract therefor ;heretofore entered into between the City of Baytown, Texas, and Marathon Paving and Utility Constructors, Inc. (hereinafter referred to as "Contractor "), as authorized by Ordinance No. 2558 enacted on October 12, 1978, 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, and has found that said work and improvements have been constructed and completed in full compliance with the terms 90801=8a,, ' and provisions of said contract and said plans and specifi- cations; 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 said City Council that such work and improve- ments 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. Section 2: The City Council of the City of Baytown, Texas, does hereby find that, said work and improvements above identified have been performed and completed by the ® 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 City hereby orders, directs, and authorizes the payment to said Contractor of the final estimate and amount payable and due to.it under the terms of.said contract upon the completion of said work and improvements. Further, in accordance with Ordinance ® Nos. 2580, 2581, and 2582 heretofore enacted closing the hearings on benefits and levying special assessments, the Mayor and City Clerk of said City are hereby authorized and directed to issue special assessment certificates, payable as specified in said ordinances, evidencing the special assessments levied against the property abutting upon said streets within the limits hereinabove defined, and against the real and true owner or owners thereof. 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 -2- ® 901 -8b, 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. INTRODUCED, READ, and PASSED by a majority of the City Council of the City of Baytown, Texas, on this 1st day of August , 1979. ATTEST: EILEEN P. HALL, City Clerk APPROVED: S OTT BO DS, City Attorney J -3- e - e- e- 67 - Z-e 27�— r.4ETT 0. HUTTO, Mayor