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Ordinance No. 1,399n LJ ORDINANCE NO. 1399 AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF GARTH ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S CONSULTING ENGINEERS SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS ON SAID STREET INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED .AND THE OWNERS THEREOF, AND OF OTHER COSTS AND MATTERS RELATING THERETO, ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTY ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATING THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE'GIVEN; 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 dete rmi nes : (a) That by Ordinance N.o. 1288 duly adopted and approved on October 26, 7972, as. amended by Ordinance N.o. 1329 duly adopted and approved on January 1:2, 1973, the City Council of the City of Baytown did determine the necessity for and order the permanent improvement of Garth Road in the City of Baytown within the following Limits: GARTH ROAD: From the north line of Park Street to the south line of Baker Road, and did by said Ordinances order and direct the said City's Consulting Engineers to forthwith prepare and with the City Council file complete plans and specifi- cations for such improvements, and that pursuant to such directions, the Consulting Engineers have 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 improvements, 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 in public meeting of said City Council, whereupon the bid of Warren Brothers Company, Gulf District, Division of Ashland Oil, Inc., for the construction of said improvements was found and determined to be the lowest and most advantageous bid for said work and improvements, and such bid of Warren Brothers Company was accepted; and (c) That by Ordinance No. 1320 duly enacted on December 21, 1972, the City Council of the City of Baytown, Texas, did accept the bid of and awarded the Contract for the construction of said improvements to Warren Brothers Company, Gulf District, Division of Ashland Oil, Inc., and further by said Ordinance did approve the written Contract and Performance Bonds of Warren Brothers Company, and did authorize and direct the Mayor.and City Clerk of said City to execute said Contract on behalf of the City of Baytown, Texas; and 11 E (d) That by Ordinance No. 1330 duly enacted on January 11, 1973, the City Council of the City of Baytown, Texas, did reaward said Contract, reapprove its form and execution and make a proper appropriation of available funds to cover the City's portion of the costs of said improvements to be constructed under said Contract. Section 2: That the signed written statement of the Consulting Engineers showing the estimated costs of improvements on said street including estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street to be improved and the owners thereof and of other costs and matters relating thereto having been received and examined by the City Council, the same is hereby in all things approved and adopted. A true and correct copy of said written statement of estimates is as follows: "May 8, 1973 Honorable Mayor and City Council City Clerk City of Baytown Baytown, Texas 77520 Re: Improvements on Garth Road from Park Street to Baker Road Gentlemen: In accordance with the requirements of Ordinance No. 1288 enacted on October 26, 1972, as amended by Ordinance No. 1329, enacted on January 12, 1973, initiating the above project, I have prepared the following cost es- timates and information: A. Garth Road, the west roadway from the NPL of Park Street to ® a point 1,546.98 feet north of the NPL of Park Street. 1. One 33 -foot roadway of seven (7") inch reinforced concrete pavement with concrete curb. a. Estimated amount per linear front foot proposed to be assessed against the abutting property for curbis ............ ..............................$ 1.00 b. .Estimated amount per linear front foot exclusive of the cost of curb proposed to be assessed against the abutting property is ........................$ 36.14 c. Total estimated amount per linear front foot proposed to be assessed against the abutting property is.$ 37.14 d. Total estimated part of the cost of the improvement proposed to be assessed against the abutting property is................ ..............................$ 50,770.00 e. Total estimated part of the cost of the improvement ® proposed to be paid by the City of Baytown for intersections and other usual costs is .......... $ 76,881.35 f. Estimated total cost of the improvement is ...... $ 127,651.35 -2- ® B. Garth Road, the west roadway from 1,546.98 feet north of the NPL of Park Street to the SPL of Baker Road. 1. One 24 -foot roadway of seven (7 ") inch reinforced concrete pavement with concrete curb. a. Estimated amount per linear front foot proposed to be assessed against the abutting property for curb is.............................. ..............$ 1.00 b: Estimated amount per linear front foot exclusive of the cost of - curb. proposed to be- assessed against-the abutting property is ............................$ 26.58 c. Total estimated amount per linear front foot proposed to be assessed against the abutting property is.$ 27.58 d. Total estimated part of the cost of the improvement proposed to be assessed against the abutting property is ................ ..............................$ 184,703.26 ® e. Total estimated part of the cost of the improvement proposed to be paid by the City of Baytown for in- tersections and other usual costs is ............ $ 279,697.37 f. Estimated total cost of the improvement is ...... $ 464,400.63 C. Garth Road, the east roadway from the NPL of Park Street to a point 1,004.29 feet north of the NPL of Park Street. 1. One 33 -foot roadway of seven (7") inch reinforced concrete pavement with concrete curb. a. Estimated amount per linear front foot proposed to be assessed against the abutting property for curb is.................... ......... ............$ 1.00 b: Estimated amount per linear front foot exclusive of the cost of curb proposed to be assessed against the abutting property is ...................... .$ 36.14 ® c. Total estimated amount per linear front foot pro- posed to be assessed against the abutting property is................ ..............................$ 37.14 d. Total estimated part of the cost of the improvement proposed to be assessed against the abutting property is ................ ..............................$ 29,850.16 e. Total estimated part of the cost of the improvement proposed to be paid by the City of Baytown for in- tersections and other usual costs is ............ $ 45,202:30 f. Estimated total cost of the improvement is ...... $ 75,052.46 -3- C D. Garth Road, the east roadway from 1,004.29 feet north of the NPL of Park Street to the SPL of Baker Road. 1. One 24 -foot roadway of seven (7") inch reinforced concrete pavement with concrete curb. a. Estimated amount per linear front foot proposed to be assessed against the abutting property for curb is................ ..............................$ 1.00 b. Estimated amount per linear front foot exclusive of the cost of curb proposed to be assessed against the abutting property is ............................$ 26.58 c. Total estimated amount per linear front foot proposed to be assessed against the abutting property is.$ 27..58 d. Total estimated part of the cost of the improvement proposed to be assessed against the abutting property ® is ................ ..............................$ 190,364.88 e. Total estimated part of the cost of the improvement proposed to be paid by the City of Baytown for in- tersections-and other usual costs is ............ $ 288,270.80 f. Estimated total cost of the improvement is ...... $ 478,635.68 E. Entire Project. 1. Total estimated part of the cost of the entire improvement proposed to be assessed against the abutting property is ..................... .........$ 455,688.30 2. Total estimated part of the cost of the entire improvement to be paid by the City.of Baytown for intersections and other usual costs is ..............$ 690,051.82 3. Estimated total cost of the entire improvement is ... $1,145,740.12 ® Assessment sheets in usual form are being prepared and will be submitted for consideration. Sincerely, /s/ James P. Hutchison James P. Hutchison, P. E." The City Council hereby approves and adopts said statement of the estimates of the several items of costs hereinabove set out in said Engineers' statement, and does hereby estimate such costs, rates and such portions of said costs in the respective amounts as hereinabove set out; and does further hereby declare its intention, subject to the hearing hereinafter ordered, to make and levy assessments of a part of the cost of said improvement against the abutting -4- U property and the real and true owners thereof at the rates per front foot hereinabove set out by virtue of, and in accordance with, the powers given by, and subject to all of the provisions of the Acts of the 40th Legislature of the State of Texas, 1927, First Called Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, as amended, said Act being commonly known as Article 1105b, Revised Civil Statutes of Texas, 1925, and as adopted by and as Article I, Section 7 of the Charter of the City of Baytown, Texas. To evidence the amounts so assessed, assignable certificates shall be issued, which shall be payable in installments and shall bear interest all as set out and provided for in the Ordinances above referred to ordering such improvement and the provisions of said Article 1105b, Revised Civil Statutes of Texas. Section 3: A hearing shall be held and given to the real and true owners and to all owning or claiming any interest in any property abutting upon said street within the limits defined, and to all others owning, claiming or interested in said property or any of said matters, as to the assessments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, and as to the special benefits to said property to be re- ceived from said improvements, or concerning any error, invalidity, irregularity or deficiency in any proceeding or the contract with reference thereto, or con- City Hall in Baytown, Texas, at 7,:00 o'clock p.m. on the 28th -day of June , 1973, at which time and place all persons, firms, corporations q or estates owning or claiming any such abutting property or any interests therein, and their agents or attorneys or persons interested in said proceedings, shall be notified to appear and to be heard, in person or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time, and kept open until all evidence and protests have been duly offered and heard, and the City Clerk is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City -5- cerning any matter or thing connected therewith, which hearing shall be held by .the City Council of the City of Baytown, Texas, in its Council Chambers at the City Hall in Baytown, Texas, at 7,:00 o'clock p.m. on the 28th -day of June , 1973, at which time and place all persons, firms, corporations q or estates owning or claiming any such abutting property or any interests therein, and their agents or attorneys or persons interested in said proceedings, shall be notified to appear and to be heard, in person or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time, and kept open until all evidence and protests have been duly offered and heard, and the City Clerk is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City -5- u of Baytown, said notice to be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least twenty -one (21) days prior to the date of said hearing; and additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, postage prepaid, in envelopes addressed to the owners of the respective properties as their names are shown on the then current rendered tax rolls of such City, and at the address so shown, or if the names of such respective owners do not appear on such tax rolls, then addressed to such owners as their names are shown on the then current unrendered tax rolls of the City of Baytown at the address as shown thereon and ® as further provided by the provisions of Article 1105 of the Revised Civil Statutes of Texas and amendments thereto. Further, the City Clerk shall make and preserve an appropriate record of the mailing of said notices, the dates of such mailings, and the names and mailing addresses to which such notices so mailed were addressed. Section 4: Effective Date: That.this ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown on this 9th day of May , 1973. is ATTEST: E:DNA OLIVER, City C-1 erk APPROVED: _7&/ )eL NEEL RI HARDSON, City Attorney n TOM GENTRY, Mayor I M.