Ordinance No. 1,7510
ORDINANCE NO.1751
AN ORDINANCE OFTHECITY COUNCIL OF BAYTOWN,
TEXAS,RATIFYING AND CONFIRMING ACTION HERETOFORE
TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT
OF SPUR 330,WITHIN THE LIMITS HEREINBELOW SET
OUT;APPROVING AND ADOPTING THE WRITTEN STATEMENT
OF THE CITY'S ENGINEER SHOWING THE ESTIMATED COSTS
OF IMPROVEMENTS ON SAID STREET,INCLUDING ESTIMATES
OF THE AMOUNTS PER FRONT FOOTPROPOSED 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,
ORDERINGTHAT A HEARING BE HELD AND GIVEN TO ALL
OWING OR CLAIMING INTERESTS IN PROPERTYABUTTING
SUCH PROPOSED IMPROVEMENTSAND AS TO OTHER MATTERS
RELATING THERETO,SETTING ANDFIXING THE TIME AND
PLACE OF SAID HEARING AND DIRECTING THAT NOTICE
THEREOF BE GIVEN:ANDPROVIDING 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.1736 duly adopted and approved on
January 9,1975,the City Council of the City of Baytown did
determine the necessity for and order the permanent improvement
of Spur 330 in the City of Baytown within the following
limits:
SPUR 330,from Loop 201 to Garth Road,
a distance of approximately
.8 miles;
and did bysaid Ordinance order and direct the saidCity
Engineer to forthwith submitthe plans and specifications
forthe improvement of Spur 330,including the city's
portion prepared by the TexasState Highway Department
Engineers and did approve and adopt said plans and speci
fications,particularly those portions of the plans and
specifications pertaining to the matters that the City
of Baytown contractually agreed to provide.
Section 2:That the signed written statement of the City
Engineer showing the estimated costs of improvements on said
street including estimates of the amount per front foot
proposed tobe 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:
"February 11,1975
Honorable Mayor and City Council
%City Clerk
City of Baytown
Baytown,Texas 77520
Re:Improvements on Spur 330 fromLoop 201to
Garth Road,a distance of approximately .8
miles in the City of Baytown,Harris County,
Texas
Gentlemen:
In accordance with the requirements of Ordinance
No.1736 enacted on January 9,1975,initiating the above
project,I have prepared the following estimates and in
formation:
Spur 330,from Loop 201 to Garth Road,a distance
of approximately .8 miles in the City of Baytown,
Harris County,Texas.
A six (6")inch monolithic curb upon an eight (8")
inch concrete pavement and a six (6")inch stabilized
base.
(a)Estimated maximum amount perlinear front
foot proposed to be assessed against the
abuttingproperty for curb is $2.50
(b)Estimated maximum amount per linear front
foot exclusive of the cost of curb proposed
to be assessed against the abutting
property is $0.95
(c)Total estimated maximum amount per linear
front foot proposed to be assessed against
the abutting property is $3.45
Total estimated maximum part of the cost ofthe
improvement proposed tobe assessed against the
abutting property is $9,230.01
Total estimated part of cost of the improvement
proposed to be paid by the City of Baytown is..$85,903.99
Estimated total cost of the improvement is $95,134.00
Assessment sheets in usual form are being prepared and
will be submitted for consideration.
Yours very truly,
Jack A.Morton
City Engineer"
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The City Council hereby approves and adopts said
statement of the estimates of the several items of costs
hereinabove set out in said Engineer's 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 andlevy assessments of
a part of the cost of said improvements 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 of the Acts ofthe 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 theamounts 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 improvements and the provisions of said Article 1105b,
Revised Civil Statutes of Texas.
Section 3:A hearing shall be held and given to
the realand true owners and to all owning or claiming any
interest in any property abuttingupon said street within
the limits defined,and toall others owning,claiming or
interested in said property or any of said matters,as to
the assessments and asto the amount tobe assessed against
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each parcel of abutting property andthe real and true
owners thereof,and asto 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 contractwith 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;op o'clock p.m.on the 27th day
of March ,19 75,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 and to be heard,in
person or by counsel,and may offer evidence;and said
hearing may be adjourned from day to dayand from time to
time,and kept open until all evidence and protests have
beenduly offered and heard,andthe City Clerk is hereby
directed to give notice of said hearing by publication of
notice in some newspaper of general circulation in the City
of Baytown,said notice tobe published at leastthree times
in said newspaper before the date setfor saidhearing,the
first of which publications shall be at least twenty-one
(21)days prior to the date ofsaid 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,andat the address so shown,or if thenames
of such respective owners do not appear onsuchtax rolls,
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then addressed to such owners as their names are shown on
the then current unrendered taxrollsof 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 whcih such notices so mailed were
addressed.
Section 4:Effective Date:That this ordinance
shalltake effectfrom and after its passage by the City
Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative
vote ofthe City Council of the City of Baytown on this
13th day of February ,1975.
TOM GENTRY,Mayor \/
ATTEST:
ET3HA OLIVER,City Clerk
APPROVED:
Attorney
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