Ordinance No. 1,9426371
ORDINANCE NO.1942
AN ORDINANCE OFTHECITY COUNCIL OF BAYTOWN,TEXAS,
RATIFYING AND CONFIRMING THE ACTION HERETOFORE TAKEN BY
THECITY COUNCIL DETERMINING THE NECESSITY FOR AND
ORDERING THE PERMANENT IMPROVEMENT OF CERTAIN PORTIONS
OF DECKER DRIVE AND AWARDING A CONTRACT FOR THE CON
STRUCTION OF SAID IMPROVEMENT TO BROWN &ROOT,INC.;
REPEALING ORDINANCE NO.1930 SO AS TO RESCIND PREVIOUS
APPROVAL OF THE STATEMENT OF COSTS PREPARED BY THE CITY
ENGINEER AND TO CANCEL,ANNUL AND SET ASIDE THE HEARING
CALLED BY SAID ORDINANCE NO.1930;APPROVING AND
ADOPTING A NEW STATEMENT OF THE CITY ENGINEER 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 TO BE IMPROVED ANDTHEOWNERS 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 OFTHE CITY OF
BAYTOWN:
Section 1:The City Council of the City of Baytown,
Texas,hereby finds and determines:
(a)Thatby Ordinance No.1867,duly enacted on the
11th day of September,1975,said City Council did
determine the necessity for and ordered the permanent
improvement of the following named street in the City
of Baytown within the following limits,to wit:
DECKER DRIVE:From 80.45 feet southeast of the
centerline of Garth Road to the extension ofthe
south right of way of Defee (approximately 1900
feet),in the City of Baytown,Texas,
in accordance with the plans and specifications therefor
approved and adopted by said Ordinance.
(b)That said City Council,after having duly advertised
for bids in the manner and for thetime as required by
law and the Charter of said City,did award a contract
for the construction of said improvement to Brown&
Root,Inc.,it having been found to be the lowest
responsible bidder for such improvement,and said
contracthas heretofore been duly executed and com
pletedby said City and said Brown &Root,Inc.,the
execution of which contractwas duly authorized by
Ordinance No.1834 enacted by said City Council on July
24,1974,and thereafter reaccepted and reawarded by
Ordinance No.1868 enacted on September 11,1975.The
Performance and Payment Bonds required by lawand said
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contracthave been properly furnished by said Brown &
Root,Inc.,and approved and accepted by said City
Council,and an appropriation of available funds has
been duly made by Ordinance of said City Council to
cover the City's portion of the cost of said improvement,
all in full compliance with the requirements of law and
the Charter of said City.
(c)That the City Engineer did prepare and file with
the City Council a statement of estimates of the costs
of said improvement as required by lawand the City
Council did,by Ordinance No.1930 enacted on December
23,1975,approve and adopt said estimates and order
and set a hearing to be held by saidCity Council in
its Council Chambers at the City Hall in said City at
7:00 o'clock p.m.on the 12th day of February,1976,to
allow all persons owning or claiming any interest in
any of the property abutting upon said street within
the limits defined and all others owning or interested
in said property forthe assessment proposed to be
levied in connection therewith tobe heard;that
because of certain irregularities in the statement of
costs prepared by the City Engineer and because of
certain irregularities in the notice of the hearing
which was published pursuant to Ordinance No.1930,the
City Council has determined to repeal,rescind and set
aside said Ordinance No.1930 so as to rescind its
previous approval of the statement of costs for the
improvement prepared by the City Engineer,to cancel,
annul and set aside the hearing heretofor called by
Ordinance No.1930,and to order and reset a new hearing
in lieu thereof.
Section 2:That Ordinance No.1930,passed by the City
Council on December 23,1975,approving and adopting the
written statement of the City's Engineer showing the estimated
costs of improvements on said street,and ordering that a
hearing be held and given to all owing or claiming interests
in property abutting such proposed improvements,and setting
the time and place of said hearing and directing that notice
thereof be given,is hereby repealed,rescinded and set
aside.The said Ordinance No.1930 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 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,INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT
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FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY
ABUTTING UPON SAIDSTREETTOBE 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 TOOTHER MATTERS RELATING THERETO,
RESETTING AND FIXING THE TIME AND PLACE OF SAID HEARING
AND DIRECTING THAT NOTICE THEREOF BE GIVEN:AND PROVIDING
FORTHE EFFECTIVE DATE HEREOF."
Section 3: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 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.
Section 4: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 uponsaid street within
the limits defined,and to all others owning,claiming or
interested in said property or any of saidmatters,asto
the assessments and asto the amount to be assessed against
each parcel of abuttingproperty andthe real and true
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 City Hall in
Baytown,Texas,at 7:00 o'clock p.m.on the 26th day of
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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 tobeheard,in person or by
counsel,and may offer evidence;andsaid hearing may be
adjourned from day to day and from time 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 to be 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
United States mail,at least fourteen (14)days before the
date of the hearing,postage prepaid,in envelopesaddressed
to the owners of the respectiveproperties as theirnames
are shown on thethen 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 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,andthe names and
mailing addresses to which such notices so mailed were
addressed.
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Section 5: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 3rd day of
February,1976.
*e—>v»*~—
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
NEEL R 1,CHARDSON,City~Att
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EXHIBIT
B A Y T O W N
POST OFFICE BOX 424 ■TELEPHONE 422-828!•AREACODE 713 ■BAYTOWN,TEXAS 77520
ENGINEERINGDEPARTMENT
February 3,1976
Honorable Mayor and City Council
c/oCity Clerk
City of Baytown
P.0.Box 424
Baytown,Texas77520
RE:1975 STREET IMPROVEMENT PROGRAM,PHASE II —DECKER DRIVE,
FROM 80.45 FEET SOUTHEAST OF GARTH ROAD CENTERLINE TO THE
SOUTHWEST CURBLINE OF DEFEE STREET EXTENDED
Gentlemen:
The improvements provided for Decker Drive in the 1975 Street
Improvement Program consists of repairing and widening the
existing roadway base and resurfacing with one and one-half
(14")of hot mix asphaltic concrete.The following informa
tionand estimates havebeen prepared for this project:
Decker Drive from a point80.45 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 one
and one-half inches (1§")of asphaltic concrete,a
roadway width of eighty-eight (88)feet.
(a)Estimated amount per linear foot proposed to
be assessed against the abutting property for curb
is $2.65
(b)Estimated amount per linear foot proposed to
be assessed against the abutting property,ex
clusive of thecost of curb is ....$65.58
continued—
(c)Total estimated amountper linear foot pro
posed to be assessed against the abutting property
is $68.23
And,from a point 695 feet southeast of Garth Road
centerline intersection 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 on the
northeasterly side of Decker Drive.
Repair existing roadway base and resurface with
oneand one-half inches (1&")of hot mix asphaltic
concrete,a roadway width of seventy-nine feet
(79).
(d)Estimated amount per linear foot proposed to
be assessed againstthe abuttingproperty for
curb is $0.00
(e)Estimated amount per linear foot proposed to
be assessed against the abutting property ex
clusive of curb is $15.31
(f)Total estimated amount per linear foot proposed
to be assessed against the abutting property
is $15.31
Total estimated part of the cost of the improve
ment proposed tobe assessed against the abutting
property is $91,610.00
Total estimated part of the cost of the improve
ment proposed to be paid by the City of Baytown
for intersections and other usual costs
is $31,918.00
Estimated total cost of the improvement
is $123,528.00
lilip F.Bennett,P.E.
Acting City Engineer