Ordinance No. 1,884ORDINANCE NO.1884
AN ORDINANCE OFTHE CITY COUNCIL OF BAYTOWN,TEXAS,
RATIFYINGAND CONFIRMING ACTION HERETOFORE TAKEN IN THE
MATTER OF THE PERMANENT IMPROVEMENT OF WEST TEXAS
AVENUE WITHIN THELIMITS HEREINBELOW SET OUT;APPROVING
AND ADOPTING THE WRITTEN STATEMENT OF THECITY'S CON
SULTING 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 STREETTO 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 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:TheCityCouncil of the City of Baytown
hereby finds and determines:
(a)That by Ordinance No.1760 duly adopted and approved
on the 13th day of March,1975,the City Council of the
City of Baytown did determine the necessity for and
order the permanent improvement of West Texas Avenue
in the City of Baytown within the limits defined therein,
and by Ordinance No.1826 did amend the limits of West
Texas Avenue to be improved by paving as follows,towit:
WEST TEXAS AVENUE,from the Westright of way line of Thomas
Circle to the East bank of Goose Creek Stream and from the
West bank of Goose Creek Stream to the East right of way line
of Airhart Drive,
and did 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 saidCity 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,
Gulf District,Division of Ashland Oil Inc.was accepted;
and
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(c)That by Ordinance No.1827 duly enacted on the 10th
day of July,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 constructed under said contract.
Section 2:That the signed written statement of the
Consulting Engineers showing the estimated costs of improvements
on said street includingestimates of the amount 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 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.
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 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 said Session,
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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 improvements 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 asto the amount tobe assessed against
each parcel of abutting property andthe real and true
owners thereof,and as to the special benefits to said
property to be received fromsaid improvements,or concerning
anyerror,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 25th day
of November ,1975 ,at which time and place all
persons,firms,corporations,or estates owning or claiming
any suchabutting 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 dayto day and from time to
time,and kept open until all evidence and protests have
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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
of Baytown,said notice tobe 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 UnitedStates 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 tax rolls
of such City,and at the address so shown,or if the names
of such respectiveowners 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 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
addressed.
Section 4:Effective Date:That this ordinance
shall takeeffect 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 9th day
of October ,1975.
TOM GENTRY,Mayor\y
ATTEST:.
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RMHATIDSON,City Attorri
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EXHIBIT "A"
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BUSCH,HUTCHISON 8c ASSOCIATES,INC.CONSULTING ENGINEERS
1IO7 FLEETWOOD DRIVE —BAYTOWN.TEXAS77SZO —PHONE (713)422-8213
October 8,1975
Honorable Mayor and City Council
c/o City Clerk
City of Baytown
Post Office Box 424
Baytown,Texas 77520
RE:IMPROVEMENTS ON WEST TEXAS AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF
THOMAS CIRCLE TO THE EAST BANK OF GOOSE CREEK STREAMAND FROM THE
WEST BANK OF GOOSE CREEK STREAM TO THE EAST RIGHT-OF-WAY LINE OF
AIRHART DRIVE
Gentlemen,in accordance with the requirements of Ordinance number 1826
enacted July 10,1975,which amended Ordinance number 1760,which originally
initiated the above project,I have prepared the following estimates and
information:
West Texas Avenue from the west right-of-way line ofThomas
Circle to a point 670 feet westof the west right-of-way line
ofThomas Circle on both the north and south sides.
Repair existing roadway base and resurface with one and
one-half inches (1-1/2")of hot mix asphaltic concrete,a
roadway width of fifty feet (50ft.).
(a)Estimated amount per linear foot proposed to be assessed
against the abutting property for curb is $0.00
(b)Estimated amount per linear foot proposed to be assessed
against the abutting property,exclusive of the cost of
curb is $8.23
(el.Total estimated amount perlinear foot proposed to be
assessedagainst the abutting property is $8.23
And,from a point 670 feet west of the west right-of-way line
ofThomas Circle to the east bankof Goose Creek Stream;and
from thewest bank of Goose Creek Stream to the east right-of-
way line of Atrhart Drive.
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Page Two -Letter to Honorable Mayor and City Council 10/8/75
(d)Estimated amount per linear foot proposed tobe assessed
against the abutting property for curb is $1.60
(e)Estimated amount per linear foot proposed to be
assessed against the abutting propertyexclusive of
curb is $29.84
CfL Total estimated amount per linearfoot proposed to be
assessed against the abutting property is $31.44
Total estimatedpart of the cost of the improvement proposed
to be assessed against the abutting property is $239,087.18
Total estimated part ofthe cost of the improvement proposed
to be paid for by tfie City of Baytown for intersections and
other usual costs is $167,471.20
Estimated total cost of the improvement is $303,502.00
Assessment sheets tn usual form havebeen prepared and are submitted for
consideration.
A.J.Busch,Jr.,P.E.
AJB/dle