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Ordinance No. 1,754ORDINANCE NO.1754 AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN,TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF POST OAK DRIVE 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,INCLUDINGESTIMATES OF THE AMOUNTS 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, ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWING OR CLAIMING INTERESTS IN PROPERTY ABUTTING SUCH PROPOSED IMPROVEMENTS AND ASTO OTHER MATTERS RELATING THERETO, SETTING ANDFIXING 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 determines: (a)That by Ordinance No.1704 duly adopted and approved on the 24th day of October,1974 and Ordinance No.1734 duly adopted and approved on the 9th day of January, 1975,the City Council of the City of Baytown did determine the necessity for and order the permanent improvement of Post Oak Drive in the City of Baytown within the following limits: POST OAK DRIVE,from the west right of way line of Bayway Drive to the east property line of Lakewood Subdivision, Section P; and didby 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 have beendulyapproved 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 bylaw 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 foundand determined r to be the lowest and most advantageous bid for said work and improvements,and such bid of wasaccepted; and (c)That by Ordinance No.1742 duly enacted on the 13th day of February,1975,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,GulfDistrict,Division of Ashland Oil Inc.anddid authorize and direct the Mayor and City Clerk of 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 thecosts of said improvements to be con structed 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 tobe assessed against the property abutting upon said street to be improved andthe 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 attached hereto,marked Exhibit "A,"and made a part hereof forall intents and purposes. /0 -2- The City Council hereby approves and adopts said statement of the estimates ofthe 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 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 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 saidSession, 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 andshall bearinterest all as set outand 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 realandtrue owners and to all owning or claiming any interest in any property abutting upon 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 as to the amount to be assessed against -3- each parcel of abutting property andthe realandtrue 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 CityHall in Baytown,Texas, at 7;00 o'clock p.m.on the 9tn day of April ,1975 ,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 tobe heard,in person orby counsel,and may offer evidence;and said hearing may be adjourned from day to day and from time to time,and keptopen 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 least three times in said newspaper before the date setfor 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 respectiveproperties as theirnames are shown on the then current rendered taxrolls of such City,and at the address so shown,or if thenames -4- of such respective owners do not appear on such tax rolls, then addressed to such owners as theirnames are shown on the then current unrendered tax rolls ofthe 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 shall take effect from and after its passage bythe City Council of the City of Baytown. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this 27th day of February,1975. TOM GENTRY,MayorV ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RICHARDSON,City Attorney -5- EXHIBIT "February 27,1975 Honorable Mayor and City Council %City Clerk City of Baytown Baytown,Texas77520 Re:Improvements on PostOak Drive,from the West right of way line of Bayway Drive to the East property line of Lakewood Subdivision,Section P,in the City of Baytown,Texas Gentlemen: In accordance with the requirements of Ordinance No. 1704 duly enacted on the 24th day of October,1974 and Ordinance No.1734 duly enacted on the 9th day of January,1975,initiating the above project,I have prepared the following cost estimates and information: One 29 foot wide roadway (measured back to back of curb)of seven (7")inch reinforced concrete pavement with concrete curb. a.Estimated maximum amount per linear front foot proposed tobe assessed against the abutting property for curb is $1.20 b.Estimated maximum amount per linear front foot exclusive of the cost of curb proposed tobe assessed against the abutting property is $27.55 c.Total estimated maximum amount per linear frontfoot proposed tobe assessed against the abuttingproperty is $28.75 d.Total estimated maximum part of the cost of the improvement proposed tobe assessed against the abutting property is $30,986.75 e.Total estimated part of the cost of the im provement proposed to be paid by the City of Baytown for intersections and other usual costs is $26,190.25 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."