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Ordinance No. 1,790/ ORDINANCE NO.1790 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;REPEALING OR DINANCE NO.1754 DULY ADOPTED BYTHE CITY COUNCIL ON THE 27TH DAY OF FEBRUARY,1975;APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S CONSULTING ENGINEERS SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS ONSAID STREET,INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAIDSTREET TO BE IMPROVED AND THE OWNERS THEREOF,AND OF OTHER COSTSAND 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 AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BEGIVEN:AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS,the City Council of the City of Baytown,Texas by the adoption of Ordinance Nos.1704 and 1734 determined the necessity for and ordered the improvement of Post Oak Drive within the limits defined therein with the costs of that improvement tobe paidpartly by the City of Baytown and partly by the owners of propertyabutting upon the street;and WHEREAS,the City Council of the City of Baytown by the adoption of Ordinance No.1742 did accept the bid of Warren Brothers Company,Gulf District,Division of Ashland Oil, Inc.,for the construction of said improvement;and WHEREAS,the City Council of the City of Baytown by the adoption of Ordinance No.1754 did order that a hearing be held and given to all owning or claiminginterest in property abutting the proposed improvements and setting and fixing the time and place of said hearing tobeat 7:00 o'clock p.m.on the 9th day of April,1975,in theCity Council Chambers at the City Hall in Baytown,Texas;and WHEREAS,subsequently,prior to the said hearing on benefits,it was determined that a small portion of Post Oak Drive which was to be improved pursuant to the plans and specifications prepared by the Consulting Engineers for the City of Baytown and the termsand provisions of the contract between the City of Baytown and Warren Brothers Company, Gulf District,Division of Ashland Oil,Inc.,was inadvertently omitted from the description of the project contained in Ordinance Nos.1704 and 1734;and WHEREAS,the City Council of the City of Baytown determined that due to the discrepancy in the description contained in Ordinance Nos.1704 and 1734,the hearing on benefits theretofore ordered should be cancelled;and WHEREAS,by the adoption of Ordinance No.1785 on the 15th day of April,1975,the City Council of the City of Baytown did amend Ordinance Nos.1704 and 1734 bychanging,altering,and amending the description of that portion of Post Oak Drive to be improved and all references in all ordinances to the des cription of the portion of Post OakDrive to be improved;and WHEREAS,bythe adoption of Ordinance No.1786 on the 15th day of April,1975,the City Council of the City of Baytown,Texas,did cancel the hearing on benefits ordered and advertised for 7:00 o'clock p.m.on April 9,1975 on the Post Oak Improvement Project and gave notice that the City Council would set and fix a future time and place fora hearing tobe held and given to all owning or claiming interest in the property abutting such proposed improvements and as to other matters relating thereto,and would give notice thereof in the manner provided by law;and -2- WHEREAS,the City Council of the City of Baytown desires to set and fix the date,time,and place for the hearing to be held and given to all owning or claiming interest in the property abutting such proposed improvements and as to other matters relating thereto;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY 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 the9th day of January, 1975,as amended by Ordinance No.1785 duly adopted and approved onthe 15th day of April,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;the South curb line of the aforementioned improvement then extends eastward into Section P,16.76 feet to existing pavement and the North line extends 25.24 feet to existing pavement; anddid by said Ordinances order anddirect 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 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 im provements,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 thebid 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,Gulf District, Division of Ashland Oil Inc.was accepted;and —3— (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 forthe 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,Gulf District,Division of Ashland Oil Inc.,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 make a proper appropriation of available funds to cover the City's portion of the costs of said improvements to be con structed under said contract. Section 2:That Ordinance No.1754 duly adopted by the City Council on the 27th day of February,1975,approving and adopting the written statement of the City's Consulting En gineers and ordering that a hearing be held andgiven is hereby repealed,rescinded,and set aside.The said Ordinance No.1754 was captioned as follows: "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;AP PROVING 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 TOBE 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 BEGIVEN;ANDPROVIDING FOR THE EFFECTIVE DATE HEREOF." Section 3:That thesigned written statement ofthe Consulting Engineers showing the estimated costs of im provements on said street including estimates of the amount perfront foot proposed to be assessed against the property abutting uponsaid street tobe improved and the owners thereof and of other costsand 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: -4- /\ "April 22,1975 Honorable Mayor and City Council %City Clerk City of Baytown Baytown,Texas 77520 Re:Improvement on Post Oak Drive,from the west right of way line of Bayway Drive to the east property lineof Lakewood Subdivision,Section P;the South curb line of the aforementioned improvement then extends eastward into Section P,16.76 feet to existing pavement and the North line extends 25.24 feet to existing pavement,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,as amended by Ordinance No.1785 duly enacted on the 15th day ofApril,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 to be 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 to be assessed against the abutting property is $27.55 c.Total estimated maximum amount per linear front foot proposed to be assessed against the abutting property is $28.75 d.Total estimated maximum part of the cost of the improvement proposed to be assessed against the abutting property is $30,986.75 e.Total estimated part of the cost of the improvement proposed tobe paid by the City of Baytown for intersections and otherusual 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." -5- /(P The City Council hereby approves and adopts said statement ofthe estimates of the severalitems of costs hereinabove set out in said Engineers1 statement,anddoes hereby estimate such costs,ratesand 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 andthe 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 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 shallbe 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 asto the amount to be assessed against each parcel of abuttingproperty andthe real and true -6- owners thereof,and asto the special benefits to said property to be received from said improvements,or con cerning 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,at7;00 o'clock p.m.on the 22nd day of May ,19 75,at which time and place all persons,firms,corporations,or estates owningor claiming any such abutting property or any interests therein,and theiragents or attorneys or persons interested in said proceedings,shall be notified to appearand to beheard,in person or by counsel,andmay 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 been duly 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 atleastthreetimes 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 their names are shown on the then current rendered taxrolls 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 theirnames are shown on -7- 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 Texasand 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 the affirmative vote of the City Council of the City of Baytown on this 24th day of April,1975. TOM GENTRY,Mayor ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL HICHARDSON,City Attorney -8-