Ordinance No. 1,9306339
ORDINANCE NO.1930
AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN,TEXAS,
RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE
MATTER OF THE PERMANENT IMPROVEMENT OF DECKER DRIVE,
WITHIN THE LIMITS HEREINBELOW SET OUT;APPROVING AND
ADOPTING THE WRITTEN STATEMENT OF THE CITY ENGINEERS
SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS ON SAID
STREET INCLUDINGESTIMATES OF THE AMOUNTS 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,
ORDERING THAT A HEARING BE HELD AND GIVEN TOALL 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 PROVID
ING FOR THE EFFECTIVE DATE HEREOF.
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.1867 duly adopted and
approved on September 11,1975,the City Council of the
City of Baytown did determine the necessity for and
order the permanent improvement of Decker Drive in
the City of Baytown within the following limits:
Decker Drive,from 80.45 feet southeast of the
centerline of Garth Road to the extension
of the south right of way of Defee (ap
proximately 1900 feet),in the City of
Baytown,Texas,
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 havefiled
with the City Council plans and specifications for said
improvements,which have beenduly approved and adopted
by the City Council;and
(b)That pursuant to direction of said City Council,
advertisement for bids for construction of saidimprove
ments,as required by law waspublished,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
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of Brown&Root,Inc.for the construction of said
improvements was found and determined tobe the lowest
and most advantageous bid for said work and improve
ments,and such bid of $123,528.15 was accepted;and
(c)That by Ordinance No.1867 duly enacted on the
11th day of September,1975,the City Council of the
City of Baytown,Texas,didaccept the bid of and
awarded the contract for the construction of said
improvements to Decker Drive and further by said
Ordinance did approve the written Contract and Perfor
mance and Payment Bonds of Brown &Root,Inc.That
thereafter,by Ordinance No.1868 duly enacted on the
11th day of September,1975,the City Council of the
City of Baytown did reaccept thebid of and reaward the
Contract for the construction of said improvements to
Brown&Root,Inc.,and ratify and confirm all of its
actions theretofore taken in connection with the acceptance
of saidbidand the awarding of said Contract.Further,
by the adoption of Ordinance No.1868,the City Council
of the City of Baytown made a proper reappropriation of
available funds to cover the City's portion of the cost
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 and adopted.A true and
correct copy of said written statement of estimates is
attached hereto,marked Exhibit "A,"and made a part hereof
for all 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
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a part of the cost of said improvements against the abutting
property and the real and true owners thereof at therates
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 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
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 as to the amount to be assessed against
each parcel of abutting property and the real and true
owners thereof,and as to the special benefits to said
property to be received fromsaid improvements,or concerning
any error,invalidity,irregularity or deficiency in any
proceeding or the contract with reference thereto,or con
cerning any matter or thing connected therewith,which
hearing shall be held by the City Council of the City of
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Baytown,Texas,in its Council Chambers at the City Hall in
Baytown,Texas,at 7:00 o'clock p.m.on the 12th
day of February ,1976 ,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 fromtime to
time,and kept open until all evidence and protests have
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 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 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
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shall make and preserve an appropriate record of the mailing
of saidnotices,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 andafter 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 onthis 23rd day
of December t 1975.
TOM GENTRY,Mayoi^/
ATTEST:
K
EILEEN P.HALL,City Clerk
APPROVED:
NE y Attorney
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EXHIBIT "A"
BAYTOWN
POST OFFICE BOX 424 -TELEPHONE 422-828]•AREACODE 713 ■BAYTOWN.TEXAS 77520
ENGINEERING DEPARTMENT
December 22,1975
Honorable Mayor and City Council
c/o City Clerk
City of Baytown
Post Office Box424
Baytown,Texas 77520
RE:1975 STREET IMPROVEMENT PROGRAM,PHASE II —DECKER DRIVE,FROM
70.45 FEET SOUTHEAST OF GARTH ROAD CENTERLINE TO THE SOUTHWEST CURB
LINE OF DEFEE STREET EXTENDED
Gentlemen:
The improvements provided for Decker Drive in the 1975 Street Improve
ment Program consists of repairing and widening the existing roadway
base and resurfacing with one and one-half inches (1 1/2")of hot mix
asphaltic concrete.The following information and estimates havebeen
prepared for this project:
DeckerDrive from a point 80.45 feet southeast of Garth
Road centerline intersection to a point 695 feet southeast
of Garth Road centerline intersection on the southwesterly
side of Decker Drive,and 560 feet on the northeasterly side
of Decker Drive;
Repair and widen roadway base with eight inches (8")of
reinforced concrete and resurface with oneand one-half
inches (1 1/2")of asphaltic concrete,a roadway width of
eighty-eight feet (88 ft.).
(a)Estimated amount perlinearfoot proposed tobe
assessed against the abutting property forcurb
is $2.65
(b)Estimated amount per linear foot proposed to be
assessed against the abutting property,exclusive
of the cost of curb is $3.09
(c)Total estimated amount per linear foot proposed
tobe assessed against the abutting property is
$5.74
continued--
continued—
And,from a point 695 feet southeast of Garth Road centerline inter
section on the southwesterly side of Decker Drive to a point 1,920 feet
southeast of Garth Road centerline intersection on the southwesterly
side of Decker,and from a point 560 feet southeast from the centerline
intersection on the northeasterly side of Decker Drive to a point
2,015 feet onthe northeasterly side of Decker Drive.
Repair existing roadway base and resurface with oneand one-half inches
(1 1/2")of hot mix asphaltic concrete,a roadway width of seventy-nine
feet (79 ft.).
(d)Estimated amount perlinear foot proposed tobe
assessed against the abutting property for curb
is $u.•0.00
(e)Estimated amount per linear foot proposed to be
assessed against the abutting property exclusive
of curb is $^0.00
(f)Total estimated amount per linear footproposed
to be assessed against the abutting property
is $0.00
Total estimated part ofthe cost of the improve
ment proposed to be assessed against the abutting
property is $6,277.04
Total estimated part of the cost of the improve
ment proposed tobe paid by the City of Baytown
for intersections and other usual costs
is $117,251.11
Estimated total cost of the improvement is $123,528.15
Philip F.Bennett,P.E.
Acting City Engineer
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