Ordinance No. 1,464ORDINANCE NO.1464
AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN,TEXAS,RATIFYING AND CONFIRMING
ACTION HERETOFORETAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
TENTH STREET,WITHIN THELIMITS HEREINBELOW SET OUT;APPROVINGAND 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 PROPERTYABUTTING 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 OWING 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 HEARINGAND 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 determines:
(a)That by Ordinance No.1414 duly adopted and approved on June 14,1973,
the City Council of the Cityof Baytown did determine the necessity for and
order the permanent improvement of Tenth Street in the City of Baytown within
the following limits:
TENTH STREET:From the North right of way lineof Fayle
Street to the South right of way line of
Ward Road,in the City of Baytown,Texas,
anddid by said Ordinance order and direct the said City's Consulting Engineers
to forthwith prepare and with the City Council file complete plans and speci
fications for such improvements,and that pursuant to such direction,the
Consulting Engineers have filed with the City Council plans and specifications
for said improvements,which havebeen 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 lawwas 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 Brown and Root,Incorporated for the construction of said
improvements was found and determined to be thelowest and most advantageous
bid for said work and improvements,and such bid of Brown and Root,Incorporated
was accepted;and
(c)That by Ordinance No.1429 duly enacted on July 12,1973,the City Council
of the CityofBaytown,Texas,did accept the bid of and awarded the Contract
forthe construction of said improvements to Brown and Root,Incorporated,and
further by said Ordinance did approve the written Contract and Performance Bonds
of Brown and Root,Incorporated,and did authorize and direct the Mayor and City
Clerkof said City to execute said Contract on behalf of the City of Baytown,
Texas,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 amount 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 andadopted.A true and correct copy ofsaid
written statement of estimates is as follows:
"September 12,1973
Honorable Mayor and City Council
%City Clerk
City of Bay town
Baytown,Texas77520
Re:Improvements on Tenth Street from Fayle Street to WardRoad
Gentlemen:
In accordance with the requirements of Ordinance No.1414 enacted on
June 14,1973,initiating the above project,I have prepared the following
estimates and information:
Tenth Street,from the NPL of East Fayle Street to the SPL of Ward
Roadboth east and west sides.
One 29-foot roadway of seven (7")inch reinforced concrete pavement
with concrete curbs,i..
(a)Estimated amount perlinear front foot proposed to be
assessed against the abutting property for curb is $1.20
(b)Estimated amount per linear front foot exclusive of the
cost of curb proposed tobe assessed against the abutting
property is $12.67
(c)Total estimated amount per linear front foot proposed to be
assessed against the abutting property is $13.87
Total estimated part of the cost of the improvement proposed tobe
assessed against the abuttingproperty is $45,479.78
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 $45,118.47
Estimated total cost of the improvement is $90,598.25
Assessment sheets in usual form are being prepared and will be submitted
for consideration.
Sincerely,
/s/A.J.Busch,Jr.
A.J.Busch,Jr.,P.E."
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The City Council hereby approves andadopts 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 re
spective 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 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
ofthe Acts of the 40th Legislature of the State ofTexas,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 setout and provided for in
the Ordinances above referred to ordering such improvement and the provisions of
said Article 1105b,Revised Civil Statutesof 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 orinterested in said
property or any of said matters,as to the assessments and as tothe amount to be
assessed against each parcel ofabuttingproperty and the real and true owners
thereof,and as to the special benefits to said property to be received from said
improvements,or concerning any error,invalidity,irregularity or deficiency in
any proceeding or the contract with reference thereto,or concerning 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 7:0Q o'clock p.m.on the 25th day of October ,
1973,at which time and place all persons,firms,corporations 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
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and to beheard,in person or by counsel,and may offer evidence;and said hearing
may be adjourned from day to day and from timeto time,and keptopen until all
evidence and protests have beenduly offered and heard,and the City Clerk is hereby
directed to give noticeofsaid hearing by publication of notice in some newspaper
of general circulation in the City of Baytown,said notice tobe published at least
threetimes in said newspaper before the date set for said hearing,the first of
which publications shall beat 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 envelopesaddressed to the ownersof the respective properties
T 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 notappear
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 1105b 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 addresses.
Section 4:Effective Date:That this ordinance shall take effect from and
^after its passage bythe 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 13th day of September ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
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