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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 6372 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 -2- 6373 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 -3- 63TU 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. 6375 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 -5- 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