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Ordinance No. 1,327ORDINANCE NO. 1327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROPOSAL OF JAMES W. FONTENO, REAL ESTATE CONSUL- TANT, DATED DECEMBER 27, 1972, ATTACHED HERETO AND MADE A PART HEREOF, AND RETAINING SAID JAMES W. FONTENO FOR APPRAISAL SER- VICES WITH REGARD TO PAVING ASSESSMENTS ON GARTH ROAD, CONSISTENT WITH THE TERMS, RATES AND FEES SET FORTH IN SAID PROPOSAL AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by Ordinance No. 1288 the City Council of the City of Baytown, Texas, did determine the necessity for and order the permanent improvement of Garth Road from the north line of Park Street to the south line of Baker Road, with a portion of the cost of said improvement to be assessed against the respective abutting properties and the real and true owners thereof, and a portion of the cost thereof to be borne by the City of Baytown, providing that no assessment shall be made against any abutting property or the real and true owners thereof for an amount in excess of the benefits to such property in enhanced value thereof by means of such improvement; and WHEREAS, at a date to be determined Council will hold a hearing on benefits in order to determine the amounts of the assessments to be levied against the abutting properties and the real and true owners thereof; and WHEREAS, in order to determine the amounts of said assessment to be levied, it will be necessary for the City Council of the City of Baytown to consider the expert testimony of a professional appraiser; and WHEREAS, by letter dated December 27, 1972, James W. Fonteno, Real Estate Consultant, submitted his proposal for professional service with regard to appraisal services and testimony relating to such assessment procedure; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown, Texas, hereby approves the proposal of the said James W. Fonteno, Real Estate Consultant, dated December 27, 1972, a copy of which is attached marked Exhibit "A" and made a part hereof for all intents and purposes, and hereby retains the said James W. Fonteno to perform appraisal services relating to the assessment of abutting properties and the real and true owners thereof on Garth Road from the north line of Park Street to the south line of Baker Road, consistent with the terms, rates and fees contained in the proposal of the said James W. Fonteno. Section 2: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council this 9th day of January , 1973. J C. GLEN WALKER, Mayor ATTEST: EM-OLIVER, City Clerk APPROVED: -1.,/ NEEL RICHARD , City Attorney -2- EXHIBIT "A" L� YO- cynct 7oS1t -. -1 ?O REAL ESTATE CONSULTANTS 477 -4441 P. O. Box 58645 HOUSTON, TEXAS 77058 December 27, 1972 Mr. Neel Richardson City Attorney 2401 Market Street Baytown, Texas 77520 RE: Paving Assessment on Garth Road Dear Mr. Richardson: Pursuant to our discussion of the captioned project, I have made an on site inspection of the project. The purpose of this inspection was to determine the amount of work and expenses involved in this project. After analyzing all data, which I considered pertinent my fee will be as follows: On a per diem bases $120.00 per day Hourly bases $ 20.00 an hour (with a minimum of two hours) Persons assisting me will be a data assembler - $7.50 per hour; Consultant Paving Engineer $12.50 per hour. W-A Mr. Neel Richardson Page 2. City Attorney Dec. 27, 1.972 2401 Market Street Baytown, Texas 77520 The total of all fees for this project are estimated to be $1,500.00, plus any expenses incurred by me or my staff. If my services are desired, please give me at least fifteen (15) days notice so that this project can be worked into my schedule. Sincerely yours, �V.�ames W. Fonteno JWFlwjg