Ordinance No. 1,96377
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: The City Council of the City of Baytown,
Texas, hereby finds and determines:
(a) That by Ordinance No. 1867 duly adopted and approved
on September 11, 1975, said City Council did determine
the necessity for and ordered the permanent improvement
'f 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
of the south right of way of Defee (approxi-
mately 1900 feet), in the City of Baytown,
Texas.
(b) That said City Council, after having duly advertised
for bids in.the manner and for the time as required by
law and the Charter of said City did award to, and
execute a contract with Brown & Root, Inc. for the
construction of said improvements as authorized by
Ordinance No. 1834 duly enacted on July 24, 1974, and
thereafter reaccepted and reawarded by Ordinance No.
1868 enacted on September 11, 1975.
ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF THE PROPERTY ABUTTING UPON DECKER DRIVE
WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF
BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY
VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE
ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE
PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVE-
MENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE
COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HERE-
INBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS
TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL
TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS
AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING
THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE
OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND
THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING
ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID
PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS
THEREOF FOR PAYMENT OF PART OF THE COST OF THE IMPROVE-
MENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
MENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION;
PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: The City Council of the City of Baytown,
Texas, hereby finds and determines:
(a) That by Ordinance No. 1867 duly adopted and approved
on September 11, 1975, said City Council did determine
the necessity for and ordered the permanent improvement
'f 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
of the south right of way of Defee (approxi-
mately 1900 feet), in the City of Baytown,
Texas.
(b) That said City Council, after having duly advertised
for bids in.the manner and for the time as required by
law and the Charter of said City did award to, and
execute a contract with Brown & Root, Inc. for the
construction of said improvements as authorized by
Ordinance No. 1834 duly enacted on July 24, 1974, and
thereafter reaccepted and reawarded by Ordinance No.
1868 enacted on September 11, 1975.
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/f (c) That the City's Engineers, thereafter, as instructed
by the City Council, prepared and filed with the City
Council a proper statement of the estimates of the
costs of the improvements of said street and of the
estimates of the amounts per front foot proposed to be
assessed against the property abutting thereupon and
the owners thereof and of other costs and matters
relating thereto, all as required by law, which statement
of estimates was received, examined and approved by the
City Council by Ordinance No. 1930 enacted on the 23rd
day of December, 1975, and further said City Council
did by said Ordinance No. 1930 order and set a hearing
to be held at 7:00 o'clock p.m. on the 12th day of
February, 1976, in its Council Chambers at the City
Hall of and in the City of Baytown, Texas, and subsequently,
by Ordinance No. 1942 enacted on February 3, 1976,
repealed said Ordinance No. 1930, rescinding its previous
approval of the statement of cost prepared by the City
Engineer and canceling, annulling and setting aside the
hearing set by said ordinance, and receiving, approving
f( and adopting thereby new estimates of the amounts per
front foot proposed to be assessed against property
abutting thereupon and the owners thereof, and of
other cost and matters relating thereto, all as required
by law and further resetting and reordering a hearing
to be held at 7:00 o'clock p.m. on the 26th day of
February, 1976, in its Council Chambers at the City
Hall of and in the City of Baytown, Texas, for the real
and true owners of the properties abutting upon said
street, within said limits defined and for all others
owning or claiming any interest in, or otherwise interested
in said properties or any of said matters as to the
assessments and amounts proposed to be assessed against
each parcel of said abutting property and the owners
thereof and as to the special benefits to accrue to
said abutting properties and the owners thereof by
virtue of said improvements, if any, or concerning any
error in validity, irregularity or deficiency in all
proceedings or contract concerning same, at which time
all persons, firms, corporations, estates, owning or
claiming any such abutting property, their agents or
( attorneys, or any persons interested in said proceedings,
might appear in person or by counsel and offer evidence.
(d) That said City Council did further by said Ordinance
No. 1942 order and direct the City Clerk of said City
to give notice of said hearing in the manner and for
the time as required by the law and the Charter of said
City; and said notice, as so ordered and directed and
as required by law governing these proceedings, has
been properly and duly given, in the form and for the
time as required by said law, by the publication thereof
at least three (3) times before the date of said hearing
in the Baytown Sun, a newspaper published in the City
of Baytown, Texas, the first publication being made at
least twenty-one (21) days before the date of said
hearing, the date of such publications being Wednesday,
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February 4, 1976; Thursday, February 5, 1976; and
Friday, February 6, 1976 and further by the City Clerk
giving additional written notice of said hearing by
depositing in the United States mail, at least fourteen
(14) days before the date of said hearing, written
notice of such hearing, postage prepaid, in an envelope
addressed to the, owners of the respective properties
abutting upon said street, within the limits above
defined, as the names of such owners are shown on the
then current rendered tax rolls of the City of Baytown,
Texas, and at the addresses so shown thereon, or if the
names of such respective owners did not appear on such
rendered tax rolls, then addressed to such owners as
their names are shown on the then current unrendered
tax rolls of said City at the addresses shown thereon,
which additional written notices by mailing were
deposited in the United States mail by the City Clerk
on Wednesday, February 11, 1976, as evidenced by the
sworn affidavit of said City Clerk filed with the City
Council and which sworn affidavit, together with its
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attached list of the names and addresses of said owners
are here ordered and provided to be filed and recorded
among said City's official records and that same shall
hereafter constitute a part of said City's official
records.
(e) That after due, regular and proper notice thereof,
all as provided by, and in accordance with, said law
and the Charter of said City, said hearing which notice
was so given was opened and held at 7:00 o'clock p.m.
on the 26th day of February, 1976, in the Council
Chambers at the City Hall of and in the City of Baytown,
Texas, pursuant to said ordinance calling same and the
notice thereof, at which time an opportunity was given
to all of said property owners and other interested
parties, their agents and attorneys, to be heard and to
offer evidence as to all matters mentioned or referred
to, and in.accordance with said Ordinances, notices and
the law under which these proceedings are being had, at
which time the following appeared and testified sub-
stantially as follows, to wit:
Phillip F. Bennett, Acting City Engineer for the City of Baytown,
testified in response to questions from the City Attorney
that he is a Registered Texas Professional Engineer
with a degree from Kansas State University in Civil
Engineering. He has been a registered engineer for
approximately twenty-five (25) years. He has been
employed as a civil engineer with industry for thirty
(30) years and has been with the City of Baytown for
four (4) years. He further testified that the plans
and specifications for the Decker Drive Paving Project
that begins 80.45 feet Southeast of the centerline of
Garth Road to the extension of the South right of way
of Defee (approximately 1900 feet) in the City of
Baytown were prepared by the Engineering Department of
the City of Baytown and that he is thoroughly familiar
with the project. Mr. Bennett testified in detail as
to the limits and type of construction of the project.
He indicated that the first part of the project from
near Garth Road to Memorial Drive (approximately 550
feet) is to be widened to match what the State is
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/ presently constructing and that curb and gutter will be
constructed. In the second section of this project,
from Memorial to the South curb line of Defee, the
present surface will be removed, any unsound base will
be repaired, and then the entire street will be resurfaced
with hot mix asphalt.
Mr. Bennett testified that the notices published and
mailed did contain computations of costs based on
ninety (90%) per cent of all costs but curbs and gutters
and 100% of costs of curbs and gutters. Then he explained
how these computations were figured. The widening of
the street near Garth to Memorial and additing curb and
gutter was estimated using the unit prices of the
contract. From the total cost of the street, the cost
of the intersection was subtracted and the remainder
was divided by the front footage of the abutting property.
Construction described from Memorial to the South curb
line of Defee Street which consisted of repair work and
resurfacing only, were estimated in the same manner,
excluding curb and gutter. Mr. Bennett then testified
that these cost estimates were the maximum amounts
which may be assessed to the abutting property.
Otis Graham, of 1901 Mockingbird, Baytown, Texas, acting as
appraiser for the City of Baytown was called to testify.
Mr. Graham has resided in Baytown since 1945 and has
been in the real estate and consultant business on a
full time basis for ten years. He owns is own business
and has been a licensed broker since January, 1946. He
has done appraisals for cities and counties, as well as
for law firms and financial institutions. He has been
a member of various real estate associations, local,
state and national; and he has been recognized as an
expert in the field of appraisal in federal, state and
county courts.
Mr. Graham testified that he is familiar with the real
estate values in the immediate vicinity of the Decker
Drive Project; that he has made a personal inspection
of the entire project area. He further testified that
/ in his professional opinion, the properties abutting
the Decker Drive project would be enhanced by the
-- construction of the project.
Mr. Graham explained that throughout the project all
property which did not have curb and gutter previously,
will be enhanced by this paving project in the amount
of $5.74 for the curb and gutter. He then proceded to
give his opinion as to the special benefits in the
nature of enhanced value which each parcel property
abutting upon the Decker Drive Project would receive.
He also explained that drainage and the parking safety
factors were considered when determining enhanced
value.
No other persons indicated that they desired to give testimony
at this hearing.
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'0"'IN ''asi
Section 2: That there being no further protests or
testimony for or against or in reference to said improvements,
benefits or proceedings, said hearing granted to the real
and true owners of properties abutting upon said street
within the limits herein defined, and to all persons, firms,
corporations and estates, owning or claiming same or any
interest therein be, and the same is hereby closed and all
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(f) That said City Council has heard evidence as to
the special benefits in enhanced value to accrue to
said abutting properties, and the real and true owners
thereof; as compared with the portion of the cost of
constructing said improvements proposed to be assessed
against said properties, and has heard all parties
appearing and offering testimony, together with all
protests and objections relative to such matters and as
to any errors, invalidities or irregularities in any of
the proceedings and contract for said improvements, and
has given full and fair hearing to all parties making
or desiring to make any such protest, objection or to
offer testimony, and has fully examined and considered
all of said evidence, matters, testimony and objections
offered; and based upon same, said City Council finds
that all objections and protests should be overruled
and denied except to the extent of the reduction in
rates and adjustments in said assessments hereinafter
made and shown in Section 4 hereof; and said City
Council further finds that each and every parcel of
property abutting upon said street within the limits to
be improved as herein defined, will be enhanced in
value and specially benefited by the construction of
said improvements, in an amount equal to or in excess
of the amount of the costs of the improvements, as
herein adjusted, proposed to be, and as herein, assessed
against each of said parcels of property abutting upon
said street, and the real and true owners thereof; and
said City Council did consider and correct all errors,
invalidities, or deficiencies called to its attention
and did find that all proceedings and contracts were
proper and in accordance with the laws under which same
are being had and the proceedings of said City Council
theretofore had with reference to such improvements and
that all of same are in all respects valid and regular;
and said City Council further finds upon said evidence
that the assessments hereinbelow made and the charges
hereby declared against said abutting properties and
the real and true owners thereof are just and equitable
and did adopt the rule of apportionment set forth below
herein and the division of the costs of said improvements
between abutting properties and the real and true
owners thereof, as being just and equitable and as
producing substantial equality considering the benefits
to be received and the burdens imposed thereby; and
that all objections and protests should be overruled
and denied.
Section 2: That there being no further protests or
testimony for or against or in reference to said improvements,
benefits or proceedings, said hearing granted to the real
and true owners of properties abutting upon said street
within the limits herein defined, and to all persons, firms,
corporations and estates, owning or claiming same or any
interest therein be, and the same is hereby closed and all
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protests and objections, whether specifically mentioned or
not, shall be, and the same are hereby overruled and denied,
except such thereof as relate to, and to the extent of, the
adjustments hereinafter made in Section 4 hereof.
Section 3: The City Council hereby finds and determines
upon the evidence heard in reference to each and every
parcel of property abutting upon said street, within the
limits herein defined, that the special benefits in the
enhancement in value to accrue to said property, and the
real and true owners thereof, by virtue of the construction
of said improvements in said portions of said street, will
be equal to or in excess of the amount of the cost of said
improvements, as herein adjusted, proposed to be, and as
herein, assessed said abutting properties, and the real and
true owners thereof, and finds that the apportionment of the
costs of said improvements, and that the assessments herein-
below made, are just and equitable and produce substantial
equality, considering the benefits received and the burdens
imposed thereby, and are in accordance with the laws of the
State of Texas and the Charter of said City, and that all
proceedings and contracts heretofore had with reference to
said improvements are in all respects regular, proper and
valid, and that all prerequisites to the fixing of the assess-
ment liens against said abutting properties, and the personal
liability of the real and true owners thereof, whether named
or correctly named herein or not, have been in all things
regularly had and performed in compliance with the law, and
the proceedings of said City Council.
Section 4: That in pursuance of said Ordinance, duly
enacted by said City Council authorizing and ordering the
improvements of said above described street, within the
we
Y.
:Si'�{A�: y
In the -event that proposals for construction of arty of •:tfi,-;A t;
az "iorized in the Design Phase are received within 120 days aft er
sion of completed contract drawings and specifications to the
ENGINEEP.S, the charge for the ccrresponding services in the
and charge for the corresponding services in the Preliminary Tlhase:s;:'
be adjusted to the "construction cost" as reflected by the lowest �ac,ap
-.. proposal, or lowest bona fide bid,. if no contract is awarded. Where. -no
proposals or bona fide bids are received, the ENGINEERS' estima.-tes:shall
be the basis for final payment for these two phases. No reduction shal'
be made from the percentage charge on account of penalties or ligd dates°
.damages or other sums withheld from contractor's payments.
A. Preliminary Phase
Payment for services in the Preliminary Phase shall brir
made to the ENGIHEERS-in a -sum equal to the percentage of
the "construction cost" in this phase of the PROJECT, as dei:
termined by the following classification percentage changed:
Classification A - -
Classification B - 0.88
B.
The classification of the construction work (Classific:divtn
"A" or "B") for the purpose of applying. the alternate perceirt�sjes `i;i
that given in Section V of the 1967 Manual of Professional 11:4T:�Ccttwk,
General Engineering Services, of the Texas Society of Profe•.ss-T* 0ra1=
Engineers, except that it is agreed and-understocd, that fo:r ,m
purposes of this' contract, steel water s 4orage tanks shall
sidered as being Classification "B" construction work.
In the event this contract is cancelled or terminatedl:by
OWNER, for any reason, prior to the time that engineering- sser.::r.. s
are authorized in the Preliminary Phase for a total "constcruc.r.n
cost" in excess of $10,000,000.00, the payments for servicaas_t:i:,-re-
tofore made to ENGINEERS under such Phase shall be adjustec.d 5c::
to yield to ENGINEERS fees consistent with the following srchQAi�';�;-
Construction Cost Classification A Classificcjtior3:.
Under $5,000,000.00 1.17 0.96
Over $5,000,000.00 to
$1010003,000.00 1.12 0.91
Payment for services authorized in the Preliminary Phase
shall be due upon the completion of such services; provided.., how-
ever, that the requirement by OWNER to make such payments shialllt�
subject to the provisions of Section VII hereof.
Design Phase
Payment for services in the Design Phase shall be made to
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7
the ENGINEERS in a sum equal to the percentage of the "construction
cost" in this phase of the PROJECT, as determined by the following
classification percentage charges:
Classification A - 5
Classification B - 2,86
The classification of the construction work (Classification
"A" or "B") shall be as defined hereinbefore.
In the event this contract is cancelled or terminated by
OWNER, for any reason, prior to the time that engineering services
are authorized in the Design Phase for a total "construction
.cost" in excess of $10,000,000.00, the payments for services there-•
tofore made to ENGINEERS under such Phase shall be adjusted so as
to yield to ENGINEERS fees consistent with .the following schedule:
Construction Cost Classification A Classification B
Under $5,000,000.00 3,80 3.11
$5,000,000.00 to
$10,000,000,00 3.63 2.96
Any engineering services performed under the Design Phase
of this contract for which the OWNER already has plans, that
are to be incorporated into the PROJECT, may be compensated for
on a per diem basis rathar than on a percentage basis, at the
option of OWNER.
Partial payments for services in the Design Phase shall be
made monthly, based on the ENGINEERS' estimate of the "construction
cost" o:- the work. --Payments will be made in proportion*to that part
of the services in the Design Phase which have been accomplished,
as evidenced by monthly statements submitted by the ENGINEERS to -
the OWNER, and approved by it. Final payment for services au-
thorized in the Design Phase shall be due upon the completion of
these services; provided, however, that the requirement by OWNER
to make such payments shall be subject to the provisions of Section
VII hereof. _
C. Construction Phase
Payment for services in the Construction Phase shall be
made'to ENGINEERS in a sum equal to the percentage of the "con-
struction•cost" in this phase of the PROJECT as determined by the
following classification percentage charges:
Classification A - ?.6
Classification B 0
The classification of the construction work (Classification
"A" or "B") shall be as defined hereinbefore.
In the event this contract is cancelled or terminated.by
OWNER, for any reason, prior to the time, that engineering services
are authorized in the Construction Phase for a total "construction
cost" in excess of $10,000,000.00, the payments for services there-
tofore made to ENGINEERS under such Phase shall be adjusted so as
to yield to ENGINEERS fees consistent with the following schedule:
Construction Cost
' Under $5,000,000
$5,000,000.00 to
$10,000,000.00
Classification A
Classification 0
0.88 0.72
0.83 0.68
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A58
This sum will be paid in monthly installments in proportion
to the "construction cost" completed, on the basis of the LNGINEERS'
estimate prepared for monthly payments to contractors, plus the
actual -value of all materials and equipment purchased or furnished
directly by the OWNER Ior the PROJEcr. Upon completion of all
work _aut.�ori zed in the Construction Phase, the EN'GINGERS ail l be
paid 'the remainder of the charge for this phase.
D. Special Assignments and Services Not Included in Above Percentage Char!. --3
The charges above described in the Preliminary, Design and
Construction Phases shall provide compensation to the ENGINEERS
'.for all services called for under this Agreement to be performed
by'them, or under their direction, except the services set forth below.
The ENGINEERS will furnish the OWNER a schedule of current
=salaries of staff members who will be used in the performance of
the excluded services. The OWNER will use this schedule as a
-basis for verifying the ENGINEERS' billing for these services,
"unless subsequently modified with the approval of the OWNER.
These excluded services and Special Assignments, and the
.compensation to be paid by the OWNER to the Engineers for their
-performance, as required, are as follows:
- Services Basis of Compensation
(1) Field surveys to collect information 4 man field party 521.80/hr.
required for design. (Design Phase Only) 3 man field party 17.85/hr.
2 man field party 13.90/hr.
(2) `Construction layout surveys. Same hourly rate as set forth
=(Construction Phase Only). n.(1) above.
_(When the ENGINEERS stipulate to OWNER that the salaries -of staff
members used under (1) and (2) above have increased in amounts equi--
-valent to more than 20% of their salaries --at the time of the exe-
'cution of this agreement, the hourly charge for the services indicated
in (1) and (2) above shall be automatically increased by 20% of
such--stated-hourly rates.)
(3) Services of a resident Representa- Salary cost times a multiplier•of
tive, and other field personnel as 2.00. Reimbursement for direct
required, for on -the -site observa- non -labor expense and subcontract
tion of construction. (Construction expense at invoice cost plus 10a
- Phase Only.) .service charge.
(4) Land surveys, and establishment of
boundaries and monuments.
(5) Preparation of property or easement
descriptions.
(6) Preparation of any special reports
required for marketing of bonds.
Same hourly rates as set forth
in (1) above.(Subject to adjustmen-
as above indicated)
Salary cost times a multiplier of
2.25. Reimbursement for direct n.-
labor expense plus a 10% service c
Salary cost -times a multiplier c
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
Payments to the ENGINEERS for authorized services not in the
percentage charges will be made monthly, by the OWNER, upon pre-
sentation of monthly statements by the ENGINEERS of such services,
"Salary cost" is defined as the hourly rate paid to the particular
staff employee involved. For the purpose of this Agreement, the
salary cost of the ENGINEERS' Principals is established as S8.50 per
hour. It is understood and agreed that A. J. Busch,•Jr., Ivan
Langford, James A. Davis and Bill Burge are to be.considered
ENGINEERS' Principals.
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(7)
Arrearances before regulatory
Salary cost times a multiplier of
agencies.
2.25. Reimbursement for direct-
irectnon-labor
non-laborexpense plus a ]On
service charge.
(8)
Assistance to the O"NER as an ex-
$150 per diem for each day,
pert witness in any litigation with
or part thereof, in which
third parties, arising from the de-
ENGINEERS' presence is required
velopment or construction of the
by OWNER.
PROJECT.
(9)
Special investigations involving de-
Salary cost times a multiplier of
tailed consideration of operation, main-
2.25. Reimbursement for direct
tenance and overhead expenses; pre-
non-labor expense plus a 101.
paration of rate schedules, earnings "
service charge.
and expense statements, special fea-
sibility studies, appraisals, valuations,
and material audits or inventories re-
quired for certification of force ac-
count construction performed by the OWNER.
(10)
Soil and foundation investigations,
(a) Furnished directly by the
including test borings, soil tests
OWNER, or (b).by ENGINEER at
and analyses of test results.
salary cost times a multiplier of
2.25 and reimbursement for direct
nort-labor expense and-subcontract
expense at invoice cost plus a 10%
service charge.•
(11)
Detailed mill, shop-and/or laboratory
(a) Furnished directly by the '
inspection of materials or equipment.
OWNER or (b) by ENGINEER at salary*
cost times a multiplier of 2.25
- -
and reimbursement for direct non-
labor expense and.subcontract ex-
_
pence at invoice cost plus a 10,
.
-
service charge.
(12)
Extra travel-required of the ENGINEERS
tort of travel and living expenses
and authorized by the O:lNER from
plus a 10% service charge.
Baytown.to points other than Harris
County in connection with the PROJECT.
(13)
Additional copies of reports and ad-
Salary cost times a.multiplier of
ditional copies of drawings and
1.75. Reimbursement for direct
specifications over number stipulated
non-labor expense at invoice cost
•
hereinbefore.
plus A 10% service charge.
(14)
Preparation of applications and sup-
Salary cost times a multiplier of
- _
porting.documents for government
2.25. Reimbursement for direct
grants.
non-labor expense plus a lob
.
service charge.
Payments to the ENGINEERS for authorized services not in the
percentage charges will be made monthly, by the OWNER, upon pre-
sentation of monthly statements by the ENGINEERS of such services,
"Salary cost" is defined as the hourly rate paid to the particular
staff employee involved. For the purpose of this Agreement, the
salary cost of the ENGINEERS' Principals is established as S8.50 per
hour. It is understood and agreed that A. J. Busch,•Jr., Ivan
Langford, James A. Davis and Bill Burge are to be.considered
ENGINEERS' Principals.
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i
SECTION VII
Natwithstanding anything herein to the contrary, the Old„ER shall
not be recu;rsd to make any partial payment to ENGINEERS under this
Agreement until 01r1,tER determines that sufficient moneys are available
from the sale of bonds to provide such payment or payments. The decision to
sell bonds shall rest solely with OWNER. Should payment for services accrued
be'deferred because of the unavailability of bond money, OWNER agrees to pro-
vide ENGINEERS with proper documents evidencing fees earned but unpaid.
4
-Should OWNER elect to defer the payment of fees to ENGINEERS
because of the unavailability of bond money on any partial statement
beyond one hundred either (180 days from the date such statements
•are payable, OWNER agrees to pay to ENGINEERS, in addition to the
sum shown due by such statement, interest thereon at the rate .of eight
(8%) percent per annum, -said interest to accrue from and after one
hundred eighty (180=) days from the date shown due, as provided herein,
until fully paid. The payment of such interest shall fully liquidate
any injury to the ENGINEERS arising from such delay in payment; provided,
•however, the right is expressly reserved to ENGINEERS in the event `
payments are not made as herein provided, at any time thereafter to
treat the.Agreement as terminated by the OWNER and recover compensation
as provided by Section X of this Agreement.
SECTION VIII
REVISION TO DRAWINGS AND SPECIFICATIOKS
The ENGINEERS will make, without expense to the OWNER, such
revisions of the preliminary drawings as may.be requirQd to meet the needs
of the OWNER, but after a definite plan has been approved by the 041NER,
if a decision is subsequently made by the OE-I,IER which, for its proper exe-
cution, itTicalves extra services and expenses for changes in, or addition
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to, the drawings, specifications, or other documents, or if the ENGINEERS
are put to labor or expense by delays imposed on them from causes not
within their control, such as by the readvertisement of bids or by the de-
linquency or insolvency of contractors, the ENGINEERS shall be compensated
for such extra services and expense, which services and expense shall not
be considered as covered by the percentage charge stipulated in this Agreement.
Compensation for such extra services shall be at salary cost times a mul-
tipTier of 2.259 and reimbursement for direct non -labor expense and sub-
,
contract expense at invoice cost plus a 10% service charge.
SECTION IX
OWNERSHIP OF DOCUMENTS
Original documents, design and survey notes represent the pro-
duct of training, experience, and professional skill, and accordingly be-
long to, and remain the property of the ENGINEERS who produce them, regardless
of whether the instruments are copyrighted or whether the project for
which they were prepared is executed; provided, however, that the original
drawings and specifications prepared under each phase of this PROJECT shall
become the property of'the OWNER upon the completion of each such phase
of the PROJECT.
SECTION X
TERMINATION
• Either party to this Agreement may terminate the Agreement
by giving to the other thirty (30) days' notice'in writing. Upon delivery
of such notice by the OWNER to the ENGINEERS, and upon expiration of the
thirty (30) day period, the ENGINEERS shall discontinue all services in
connection with the performance of this Agreement and shall proceed to
cancel promptly all existing orders and contracts insofar as such orders
or contracts are chargeable to this Agreement. As soon as practicable after
receipt of notice of termination, the ENGINEERS shall submit a statement,
-11-
P2
showing in detail the services performed under this Agreement to the date
of termination. The OWNER shall then pay the ENGINEERS promptly that por-
tion of the prescribed charges which the services actually performed ender
this Agreement bear to the total services called for under this AgrE'�:nent,
less such payments on account of the charges as have been previously made.
If OW14ER terminates this Agreement, the fees earned by the ENGINEERS are sub-
ject to adjustment if engineering services for construction costs totalling
less -than $10,000,000.00 have been assigned At the time of termination,
as heretofore provided. No such adjustment shall be made if ENGINEERS
terminate this Agreement and the fees shall be calculated on the over
$10,000,000.00 percentage charge regardless of total construction costs
for which engineering services have been assigned at the time of termination.
The originals of all completed.or partially completed plans and specfficati ons
prepared under this Agreement shall be delivered to OWNER when and if this
Agreement is terminated, and the same shall become the property of OWNER.
SECTION XI
SUCCESSORS AND ASSIGNMENTS
The OWNER and'the ENGINEERS each binds -himself and his successors,
executors, administrators and assigns to the other party of this Agreement
and to the successors, executors, administrators and assigns of such other
party, in respect to all covenants of this Agreement, except as above,
neither the OWNER nor the ENGINEERS shall assign, sublet or transfer their
interest in this Agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be a party hereto.
IN TESTIMONY OF hHICH this instrument has been executed on behalf
of the above-named ENGINEERS, and has been executed on behalf of the OWNER
-12-
m
m
91
in four- (4) counterparts, each of equal force, on the day and year first
above written.
ATTEST:
EDNA OLIUER, City Clerk
ATTEST:
By,
CITY OF BAYTOWN
• w
B
yC. GLEN WALKER,Mayor
WILLIAM R. LAUGHLIN, City Atbdrney
BAYTOWN ENGINEERING CO., INC.
ByA./1 Y
rl) *
E X H I B I T
io.
THE STATE OF TEXAS Z
AGREEMENT FOR ENGINEERING SERVICES
"COUNTY OF HARRIS I
THIS AGREEMENT made, entered into and executed the Al L
day of , 1975, by and between the City of Baytown, Texas,
acting he ein ' and through its Mayor who is duly authorized so to
act for and in behalf of said City, hereinafter called "OZUNER" and
Langford Engineering, Inc., hereinafter called the "ENGINEER.
' y .
WITNESSETH, that whereas the OWNER intends to construct cer-
tain sanitary sewerage improvements designated as part of the 1975-1980
Capital Improvements Program. Such Capital. Improvement Program is
hereinafter referred to as the "PROJECT", subject to the limitations
and restrictions as setforth hereinafter..
NOW THEREFORE, the OWNER and the ENGINEER in consideration
of the mutual covenants and agreements herein contained do mutually
agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER_.
The OWNER agrees to employ the ENGINEER and the ENGINEER
agrees to perform professional engineering services in connection with
• the PROJECT as stated in the sections to follo-d,'and for having rendered
such. services, the OWNER agrees to pay to the ENGINEER compensation as
stated in the sections*.to follow. The ENGINEER recognizes and agrees
that this is not an exclusive agreement with the ENGINEER and that the
OiINER reserves the right to assign such sanitary sewerage projects to
the 0WNER'S engineering staff when such assignment is in the OWNER'S
best interest.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The ENGINEER shall render the following professional services
necessary for the development of the PROJECT:
A. Preliminary Phase
6
(1) Attend preliminary conferences with the OWNER regarding the
PROJECT.
(2) Prepare, when necessary, preliminary engineering studies
and reports on the various phases of the PROJECT in
sufficient detail to indicate clearly the problems in-
volved and the alternate solutions available to the 01MER;
to include preliminary layouts, sketches and cost estimates
for each particular phase of the PROJECT, and to set forth
clearly the ENGINEER'S recommendations.
(3) Furnish the OWNER up to 20 copies of all preliminary reports,
including preliminary layouts,—sketches and cost estimates.
B.. Design Phase
(1) Establish the scope, and advise the OWNER, of any soil and
foundation investigations or any special surveys and special
testing which, in the opinion of the ENGINEER, may be
required for the proper execution of the PROJECT; and arrange
with the OMER, for the conduct of such investigations and
tests. (The performance'of these investigations and tests
is not a part of the ENGINEER'S basic services, and.compensa-
tion therefor is not included in the Basic Charge; it may be
performed by the ENGINEER, by agreement with the OWNER, in
which case compensation shall be determined by the applicable
portions of Section VI D.)
(2) Furnish to the OWNER, where required by the circumstances of
the -assignment, the engineering data necessary for applica-
tions for routine highway crossings, railroad crossings or
county permits (as distinguished from detailed applications
and supporting documents for waste discharge permit, state
and/or federal government grants or to meet the requirements
of special programs of the federal government).
(3) Perform field surveys to collect information which, in the
opinion of the ENGINEER, is required in the design of the
PROJECT. (Not included in Basic Charge for the' Design Phase.)
(4) Prepare detailed specifications and contract drawings, in
pencil on paper, for -construction authorized by the OWNER.
These designs shall in all respects combine the application
of sound engineering principles with a high degree of economy,
and shall be submitted to the applicable state and federal
agencies for approval.
(5) Prepare detailed cost estimates and proposals of authorized
construction, which shall include summaries of bid items and
quantities which will be based, wherever practical, on the
unit price system of bidding. The ENGINEER will use his best
efforts to see that these estimates reflect current costs
for similar work in the PROJECT area, but he shall not be
required to guarantee their accuracy.
(6) Furnish to the OWNER all necessary copies of approved plans,
specifications, notices to bidders and proposals. All sets
of plans in excess of 25 are to be paid for separately by
OWNER, at current commercial rates.
C. Construction Phase
(1) Assist the OWNER in the advertisement for bids on the various
phases of the PROJECT.
(2) Assist the OMER in the opening and tabulation of bids for
construction of the various phases of the PROJECT and recom-
mend to the OWNER as to the proper action on all proposal_,
received.
(3) Assist in the preparation of formal Contract Documents for
the contracts.
(4) Make periodic visits to the site (as distinguished from the
continuous services of a Project Representative) to observe
the progress and quality of the executed work and to determine
in general if the work is proceeding in accordance with the
Contract Documents. The ENGINEER will not be required to
make exhaustive or continuous on-site inspections to check
the quality or quantity of the' work or material, but will
be responsible for making sufficient on-site inspections so
as to determine the techniques of the work performed, as
well as the sequences of construction, where such sequences
are determined by the Contract Documents. The ENGINEER
will be responsible for reporting to the OUNIER any failure
of the contractors to perform the construction work in
accordance with the Contract Documents. On the basis of
on-site observations as experienced and qualified design
professionals, the ENGINEER will also keep the OWNER informed
of the extent of progress of the work and advise the OWNER
of material and substantial defects and deficiencies in the
work of contractors which are discovered by ENGINEER or
otherwise brought to the ENGINEERS' attention in the course
of construction, and may, on behalf of the OWNER, execute
whatever rights -the OWNER may have to disapprove work and
materials as failing to conform to the Contract Documents.
(5) If specifically authorized by the CIVNER in writing, furnish
the services of resident Project Representative (s) for con-
tinuous on -the -site observation of construction. Furnish
such other field personnel as required for the performance
of construction layout surveys and final measurement surveys.
(This service is not part of the ENGINEER'S basic service,
and compensation shall be determined under Section VI D.)
The authority and duties of such resident Project Represen-
tative(s) are to conduct continuous on-site observations of
the work in progress for the ENGINEER to determine that the
PROJECT is proceeding in general compliance with the Contract
Documents, and report to the ENGINEER any work that should
be rejected or specially tested, or that*the work should be
stopped wher. it appears that the completed PROJECT may not
comply with the requirements of the Contract Documents.
It is agreed, however, that the ENGINEER does not underwrite,
guarantee or insure the work done by the contractors, and,
since it is the contractor's responsibility to perform the
work in accordance with the Contract Documents, the ENGINEER
is not responsible or liable for the contractor's failure
to do so, and, so long as ENGINEER has exercised the usual
degree of care and prudent judgment in selecting Project
Representative(s), failure by any Project Representative(s)
or other personnel engaged in on -the -site observation to
discover defects or deficiencies in the work of the contrac-
tors shall never relieve the Contractors for liability there-
for or subject the INGINEER to any liability for any such
defects or deficiencies.
(6) Check and approve samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of materials and
equipment and other data which the contractors are required
-3-
fib
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by
the ENGINEER under this Agreement until they have received written
authorization from the OMER, in which the following elements are
specified:
(1) The nature of the particular assignment.
(2) The scope of the services to be performed.
(3) The exact basis of payment for the services to be
_ performed.
(4)
to submit, only for conformance with the design concept of
Council under which
the PROJECT and compliance with the information given by the
the
Contract Documents; and assemble written guarantees which
the appropriation
are required by the Contract Docwrents.
(7)
Consult and advise with the OWER during construction; issue
all instructions to the contractor requested by the OWNER;
Any
and prepare routine change orders as required.
(8)
Prepare monthly and final estimates for payments to con-
The
tractors. Advise OWNER of any known outstanding claims of
the performance of
subcontractors and suppliers..
(9)
Supervise initial operation of the PROJECT, and supervise
the necessary performance tests required by specifications.
(10)
r
Conduct, in company with the OWNER, a final inspection of
each particular phase of the PROJECT for conformance with
the design concept of the PROJECT, and compliance with ,the
Contract Documents, and approve in writing final payment to
.
the Contractors.
(11)
Based on available records, the ENGINEER shall revise the
Contract Drawings to show the work as actually constructed, ,
and furnish the OWNER with one set of reproducible drawings
(sepias).. (Field surveys for final quantities and deter-
mination of as -built dimensions are not included in the
basic percentage charge for the Construction Phase.)
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by
the ENGINEER under this Agreement until they have received written
authorization from the OMER, in which the following elements are
specified:
(1) The nature of the particular assignment.
(2) The scope of the services to be performed.
(3) The exact basis of payment for the services to be
_ performed.
(4)
A citation of the Act of the City
Council under which
the
assignment was authorized'and
the appropriation
was
made.
(5)
Any
credit provisions to which the
01,TNER is entitled.
- (6)
The
time allowed the ENGINEER for
the performance of
the
serces.'
vi
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the OWNER'
-4-
Id
X469
and the ENGINEER and shall
reasonably be required for
design, award of contracts
cluding extra work and any
remain in !force for a period which may
the preliminary studies and reports, the
and the construction of the PROJECT, in-
required extensions thereto. The final
acceptance by
shall serve as
the OWNER of each construction contract in
evidence under this contract, insofar as
the PROJECT
they pertain
,to that section (phase) of the PROJECT.
SECTION V
COORDINATION WITH 01-INER
The ENGINEER shall hold periodic conferences with the OWNER,
or its representatives, to the end that the PROJECT, as perfected,
shall have full benefit of the 011MER'S experience and knowledge of
existing needs and facilities, and be consistent with its current
policies and construction standards. To implement this coordination,
the 01 ER.shall make .available to the ENGINEER, for use in planning
the PROJECT, all existing plans, maps, field notes, statistics, com-
putations and other data in its possession relative to existing
facilities and to the PROJECT.
• SECTION VI
THE ENGINEERS' COMPENSATION
For and in consideration of the services to be rendered _
by
the ENGINEER, the OWNER shall pay, and the ENGINEER shall receive the
compensation hereinafter set forth, for the Preliminary, Design and
Construction Phases of the work and for Special Services, not included
in these phases. All remittances by OWNER of such compensation shall
either be mailed or delivered to the ENGINEER'S office in Houston,ri
Harris County, Texas. Where the compensation is based on a percentage
of construction. cost, the charge for each separate please shall be
based on the "construction cost" of'all work designed by the ENGINEER
with the applicable percentage fee as set forth hereinafter.
"Construction cost" is defined as the total cost to the O1tiPdER
for the execution of the work authorized, excluding fees or other costs
for engineering and legal services, the cost of land, rights-of-way,
legal and administrative expenses; but including the direct cost to the
OWNER of all construction contracts, items of construction, including
labor, materials and equipment, required for the completed work
(including extras) and the total value at site of PROJECT of all labor,
materials and equipment purchased or furnished directly by the OIRIER .
for the PROJECT. v
In the event that proposals for construction of any of the
work authorized in the Design Phase are received within 120 days after
submission of completed contract drawings and specifications to the
OITNER by the ENGINEER, the charge for the corresponding services in
the Design Phase and charge for the corresponding services in the
Preliminary Phase shall be adjusted to the "construction cost" as
reflected by the lowest acceptable proposal, or lowest bona fide bid,
if no contract is awarded. Where no proposals or bona fide bids are
received, the ENGINEER'S estimates -shall be the basis for final payment
for these two phases. No reduction shall be made from the percentage
charge on account of penalties or liquidated damages or other sums
withheld from contractor's payments.
A. Preliminary Phase
Payment for services in the Preliminary Phase shall be made
to the ENGINEER in a sum equal, to the percentage of the "con-
stru ction.cost" in this phase of the PROJECT, as determined by
the following classification percentage charges:
Classification A - 0.82
Classification B - 0.66
The classification of the construction work (Classification
"A" or "B") for the purpose of applying the alternate percentages
is that given in Section 3 of the 1972 Manual of Practice, General
Engineering Services, of the Texas Society of Professional
Engineers.
Partial payments for services in the Preliminary Phase shall
be made monthly, based on the ENGINEER'S estimate of the "con-
struction cost" of the work. Payments will be made in proportion
to that part of the services in the Preliminary Phase which have
been accomplished, as evidenced by monthly statements submitted
by the ENGINEER to the OWNER, and approved by the OWNER.
6-
D.
- 71
B. Desi n Phase
Payment for services in the Design Phase shall be made to
the ENGINEER in a sum equal to the percentage of the "cons
cost" in this phase of the PR traction
PROJECT ` as determined by the follo�rirg
classification percentage charges:
Classification A
Classification B 3. 2.8866
The classification of the construction work (Classification
"A" or "B") shall be as defined hereinbefore.
Partial payemnts for services in the Design Phase shall be
made monthly, based on the ENGINEER'S estimate of the "construc
cost" of the zaork. Payments trill be made in tion
that
part of the services in the Design Phase which rhavetbeentaccomplishec
as evidenced by monthly statements submitted by the ENGINEERS to
the OWNER, and approved by it. Final payment for services au-
thorized in the Design Phase shall be due upon the completion
these services. of
Construction Phase
Payment for services in the Construction Phase shall be made
to ENGINEER in a sum equal to the percentage of the "construction
cost" in this -phase of the PROJECT as determined by the follow'
classification percentage charges: zng
Classification A - 1.09
Classification B - 0.88
The classification of the construction work (Classification
"A" or "B") shall be as defined hereinbefore.
This sum'will'be paid in monthly installments inropor '
to the "construction cost" completed, on the basis of theENGINEER'S
estimate prepared for monthly payments --to contractors, plus the
actual value of all materials and equipment purchased or furnished
directly by the OWNER for the PROJECT. Upon completion of all
work authorized in the Construction Phase, the ENGINEERS will be
paid the remainder of the charge for this phase.
Special Assi.
Charges
nments and Services Not Included in AhnvP
The charges above described in the Preliminary,
Construction Phases shall provide compensation to teDesiENGINEERd
for all services called for under this Agreement to be performed
by diem, or'under their direction, except the services set forth
below.
The ENGINEER will furnish the OWNER a schedule of current
salaries of staff members who will be used in the performance of
the excluded services. The OWNER will use this schedule as a
basis for verifying the ENGINEER'S billing for these services,
unless subsequently modified with the approval of the OWNER.
These excluded services and Special Assignments, and the
compensation to be paid by the OZ•r'NER to the ENGINEERS for their
performance, as required, are as follows:
L
1183
C`
_j.
limits hereinabove defined, and in pursuance of said or-
dinance heretofore had and enacted by said City Council in
reference to said improvements and by virtue of the powers
vested in said City with respect to said street improvements
by the laws of the State of Texas, with particular reference
to Chapter 106 of the Acts of the First Called Session of
the 40th Legislature of the State of Texas, known and shown
as Article 1105b of Vernon's Annotated Civil Statutes of
Texas, as amended, such as adopted by Section 7, Article I
I I
of the Charter of the City of Baytown, Texas, there shall
be, and is hereby levied,
assessed and taxed against the
respective parcels of property abutting upon said street,
as hereinbelow described, and against the real and true owners
thereof, whether such real and true owners be named or
correctly named, or said properties be correctly described
herein or not, the several sums of money hereinbelow mentioned
and itemized opposite the description of such property, the
number of front,f eet of each, and the several amounts as-
sessed against same and the real and true owners thereof,
all as corrected and adjusted by said City Council, being as
APIN
follows, to wit:
J
(SEE ATTACHED ASSESSMENT ROLL)
-7-
Parcel
Xbimhcar
ASSESSMENT ROLL FOR PAVING DECKER DRIVE
WEST SIDE
Assessment Total
Front Assessment Rate Rate for Assessment TOTAL
Owner Descrintion _ Feet For Crnrh And Pavement Rite ARRVAR PVT
O0 1
First National Towers Limited
A 3.718478 acre tract in the
349.35
Gutter
NO BENEFIT
-0-
-0-
$ 0.00
Harvey Whiting Survey,
Abstract 840, described in
an instrument recorded under
Harris County Clerk's File
No. C724189.
2
San Jacinto Methodist
A 10.08 acre tract in the
779.44
NO BENEFIT
-0-
-0-
$ 0.00
Hospital
Harvey'Whiting Survey,
Abstract 840, described
in an instrument recorded
under Harris County Clerk's
File No. B690895.
3
George Chandler
A 29.272 square foot, more
150.00
50' NO BENEFI
-0-
-0-
0.00
or less, tract of land out of
100' @ $5.74
-0-
$5.74
574.00
the Harvey Whiting Survey,
74.00
Abstract 840, described in
an instrument recorded under
Harris County Clerk's File
No. D270944.
4
Citizen's National Bank
A 26.942 square foot tract of
150.00
$5.74
-0-
$5.74
$861.00
and Trust Company
land out of the Harvey Whiting
-
Survey, Abstract 840, described
in an instrument recorded
under Harris County Clerk's
File No. E322732.
5
Sam W. Meineke Investment
A .224 acre tract of land out
65.69
$5.74
-0-
$5.74
$377.06
Company, Inc.
of the Harvey Whiting Survey
Abstract 840, described in
an instrument recorded under
Harris County Clerk's File
No. E049062.
6
E1 Toro Mexican Restaurant
A .160 acre tract of land out
92.12
$5.74
-0-
$5.74
$528.77
I
t
of thearvey Whiting Survey,
Abstr 40, described in an
I
instrecorded under Harris
to
Coun. ark's k's r ile No. E049063.
Assessment Total
Parcel Front Assessment Rate Rate for Assessment I`�'OTA
Afigv. RXIF..W.
Number
Owner
Description Feet
For CurbAnd
Pavement
date"---"��-----
Gutter
00
7
Eddie V. Gray &
Edna M. Gray
Being a parcel of land out of
149.00
$5.74
-0-
$5.74
$ 855.24
the Harvey Whiting Survey,
Abstract No. 840, Harris County,
(El Toro Mexican
Texas, being a portion of that
Restaurant, Inc.)
certain 2.38 acre tract of land
conveyed to Eddie Gray and Truman
D. Cox, as recorded in Volume
3323 at Page 344 of the Deed
Records of Harris County, Texas;
and being more particularly
described by metes and bounds
as follows:
Commencing at a point in the
southwesterly right-of-way line
of Decker Drive, said point being
the northeast corner of the above
mentioned 2.38 acre tract of
land;
Thence, South 37002104" East,
along said southwesterly right-
of-way line of Decker Drive, a
distance of 11.0 feet to the
Point of Beginning of this tract;
Thence, South 37002104" East,
along said southwesterly right-
of-way line of Decker Drive, a
distance of 169.0 feet to a
point;
Thence, South 52057156" West, a
distance of 140.0 feet to a point
Thence,_ North 3700210411 West,
N1
\
(Cont
Assessment Total
Parcel Front Assessment Rate Rate for Assessment TOTAL
Numher Owner Descri tion
u er
Co
v
`O
parallel to and 140.0 feet south-
westerly from said southwesterly
right-of-way line of Decker
Drive, a distance of 120.76 feet
to a point in the northerly line
of above-mentioned 2.38 acre
tract of land;
Thence, North 30001151" East,
along the northerly line of
said 2.38 acre tract of land,
a distance of 123.79 feet to a
point;
Thence, North 52057156" East,
a distance of 26.0 feet to the
Point of Beginning, enclosing
a tract of land containing
0.46461 acres, more or less.
TOTAL ASSESSMEN
- WEST SIDI
$3,196.09
ASSESSMENT ROLL FOR PAVING DECKER DRIVE
EAST SIDE
Parcel
Number
Owner
1
Jack-in-the-Box Development
Corporation
Foodmaker, Inc.
2
Dunkin Donuts
Gayle - Petuson
3
D. M. Pryor Sr. et ux
Frances
4
D. Monroe Pryor
Kentucky Fried Chicken
(Comenco Corporation)
5
John S. Blackburn &
Herbert L. Boggess
6
B & B Office Supply
Desci
That portion of Lot 1, Block 4,
Pruett Estate Subdivision No. 2,
as described in an instrument
recorded in Volume 7064, page
353 of the Harris County Deed
Records.
That portion of Lot 2, Block 4,
Pruett Estate Subdivision No. 2,
as described in an instrument
recorded under Harris County
Clerk's File No. C525914.
That portion of Block 7, Pruett
Estate Subdivision No. 2, as
described in instruments recorded
under Harris County Clerk's File
Nos. C851819, D088200, and
D088201.
That portion of Block 7, Pruett
Estate Subdivision No. 2, as
described in instruments recorded
under Harris County Clerk's File
Nos. C851819, D088200, and
D088201.
That portion of Block 7, Pruett
Estate Subdivision No. 2, as
described in an instrument
recorded under Harris County
Clerk's No. D953560 and under
Harris County Clerk's File
No. E022362.
That portion of Block 7, Pruett
Estate Subdivision No. 2, as
described in an instrument
recor under Harris County
Clerk )• D953560 and under
Harr- - my Clerk's File
v.. F.. A9
Assessment Total
Front Assessment Rate Rate for Assessment TOTAL
n- -&-- - ASSES
124.78 1
93.92 1
66.13
1131.97
20.0
1 •�
NO BENEFIT
NO BENEFIT
NO BENEFIT
NO BENEFIT
IND BENEFIT
INO BENEFIT
Moll
so
IM
"
E.�
$0.00
$0.00
$0.00
$0.00
a
3
Parcel
l; umh _r
Owner
Descrintion
Assessment Total
Front Assessment Rate Rate for Assessment TOTAL
FP.Pt Fnr nirh UaVPmRnt Rn-tP ASSF.SRXfFNT
00 7
R. H. Pruett & R. J. Pruett
That portion of Block 7, Pruett
60.0
NO BENEFIT
-0-
-0-
$0.00
Estate Subdivision No. 2, as
described in an instrument
recorded under Harris County
Clerk's File No. B724365.
8
Tremarco Corporation
That portion of Block 7, Pruett
170.0
NO BENEFIT
-0-
-0-
$0.00
Estate Subdivision No. 2, as
Gulf Oil Corporation
described in an instrument
recorded with the County Clerk
in Volume 3404, page 518 of the!
Deed Records of Harris County
9
Angel Brothers Enterprises,
That portion of Block 12 of
131.82
NO BENEFIT
-0-
-0-
$0.00
Inc.
Pruett Estate Subdivision No. -
2, described in an instrument
recorded under Harris County
Clerk's File No. E442548.
10
E. J. Gray & Eddie V. Gray
A .4885 acre tract of land
128.34
NO BENEFIT
-0-
-0-
$0.00
out of the Harvey Whiting
Churches Chicken of Houston
Survey Abstract 840, described
in an instrument recorded
under Harris County Clerk's
File No. C914524.
Jim Dandy Fast Foods, Inc.
#849
11
Truman D. Cox
A portion of that 39.27359
486.54
181.54 NO BENE
IT -0-
-0-
0.00
acre tract of land in an
305.00 @ $5.74
-0-
$5.74
1P750.70
Globe Stores, Inc.
instrument recorded under
Harris County Clerk's
T
TAL ASSESSME
T - EAST SID
$1,750.70
File No. C493791.
TOTAL p
SMENT FOR PROJECT
—'11�
$4,946.79
i
WE
Section 5: That the several sums mentioned above in
Section 4 hereof, assessed against said parcels of abutting
property and the real and true owner or owners thereof,
whether said owners be named or correctly named, herein or
not, together with interest thereon at the rate of eight per
cent (8%) per annum and with reasonable attorneys' fees and
all costs and expenses of collection, if incurred, are
hereby declared to be and made a first and prior lien upon
the respective parcels of property against which same are
assessed from and after the date said improvements were
ordered by said City Council, and a personal liability and
charge against the real and true owner or owners thereof,
whether or not such owner, or owners, be named, or correctly
named herein, paramount and superior to all other liens,
claims or titles except for lawful ad valorem taxes; and
should more than one person, firm or corporation, own an
interest in any of said parcels of abutting property, each
such person, firm or corporation shall be personally liable
for his, her, or its pro rata part of the total assessment
levied against said property in proportion as his, her or
its interest in said property bears to the total ownership
of such property, whether or not such interest, or the
amount, or name of the owner thereof, be set out herein, or
in the certificate issued in evidence of such assessment,
and such interest of any person, firm or corporation in such
property may be discharged and released from said assessment
and lien upon the payment of such proportionate part of said
total assessment, together with interest at the above stated
rate to date of payment, to the legal holder of such assess-
ment; and that the sums so assessed shall be payable as
me
follows, to wit: in six (6) annual installments, the first
of which will be payable thirty (30) days after the completion
and acceptance of said improvements by said City Council,
and the five (5) remaining installments to be due and payable,
respectively, one (1), two (2), three (3), four (4) and five
(5) years from and after said date of acceptance of said
improvements by said City Council, deferred payments to bear
interest from such date of acceptance at the rate of eight
per cent (8%) per annum, payable annually, past due install-
ments of principal and interest to bear interest at the same
rate per annum until paid; however, any owner of such property
i
shall have the right to pay off the entire amount of any
such assessment, or any installment thereof, before maturity
by paying principal and accrued interest to date of said
payment; and provided further, that if default shall be made
in the payment of any installment of principal or interest
when due, then the entire amount of said assessment upon
which such default is made shall, at the option of said
Contractor, or its assigns, be and become immediately due
and payable and shall be collectible, together with reasonable
attorneys` fees and all costs and expenses of collection, if
incurred.
Section 6: That the City of Baytown shall not be
liable in any manner for the payment of any sums hereby
assessed against said abutting property and the owners
thereof, but said City shall, when requested so to do,
exercise all of its lawful powers to aid in the enforcement
and collection thereof; and if default shall be made in the
payment of any of said sums herein assessed against the
said parcels or abutting property, and the real and true
owners thereof, collection thereof shall be enforced, at
the option of said Contractor, or its assigns, either by
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91
suit in any court having jurisdiction, or by sale of the
property assessed as nearly as possible in the manner as
may be provided by law in force in said City for the sale
of property for the collection of ad valorem taxes.
Section 7: That for the purpose of evidencing said
assessments, the liens securing same and the several sums
assessed against the said parcels of abutting property, and
the real and true owner or owners thereof, and the time and
terms of payments, and to aid in the enforcement thereof,
assignable certificates shall be issued by the City of
Baytown, Texas, upon the completion and acceptance of said
improvements in said street, which certificates shall be
executed by the Mayor in the name of the City, attested by
the City Clerk with the Corporate Seal, and which certif-
icates shall set forth and evidence the assessments levied,
and shall declare the amounts of said assessments and the
times and terms thereof, the rate of interest thereon, the
date of the completion and the acceptance of the improvements
for which the certificate is issued, and shall contain the
name of the apparent owner or owners, and the description of
identify the same, and if the said property shall be owned
by an estate or firm, then to so state the fact shall be
sufficient, and no error or mistake in describing any such
property or in giving the name of any owner or owners, or
otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby or the certificate issued in evidence
thereof.
That the said certificate shall further provide sub-
stantially that if default shall be made in the payment of
any installment of principal or interest when due, then at
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the property
assessed
by lot and block number
or front
foot
thereof, or
such other
description as may be
sufficient
to
identify the same, and if the said property shall be owned
by an estate or firm, then to so state the fact shall be
sufficient, and no error or mistake in describing any such
property or in giving the name of any owner or owners, or
otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby or the certificate issued in evidence
thereof.
That the said certificate shall further provide sub-
stantially that if default shall be made in the payment of
any installment of principal or interest when due, then at
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i
491
the option of said City, or its assigns, or the holder
thereof, the whole of said assessment evidence thereby shall
at once become due and payable and shall be collectible with
reasonable attorneys' fees and all expenses and costs of
collection, if incurred, and said certificate shall set
forth and evidence the personal liability of the real and
true owner or owners of such property, whether named or
correctly named therein or not, and the lien upon such
property, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges, except for
lawful ad valorem taxes, from and after the date said
improvements were ordered by said City Council, and shall
provide in effect, that if default shall be made in the
payment thereof, the same may be enforced, at the option of
said City, or its assigns, either by the sale of the property
therein described in the manner provided for the collection
of ad valorem taxes or above recited, or by suit in any
court having jurisdiction.
That said certificate shall further recite in effect
that all the proceedings with reference to making said
improvements have been regularly had in compliance with the
law and Charter in force in said City and proceedings of the
City Council of said City, and that all prerequisites to the
fixing of the assessment lien against the property and the
personal liability of the real and true owner or owners
thereof, evidenced by such certificates have been regularly
done and performed, which recitals shall be evidence of all
the matters and facts so recited, and no further proof
thereof shall be required in any Court.
That said certificates shall further provide in effect
that the City of Baytown, Texas, shall exercise all of its
lawful powers, when requested so to do by a holder of said
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X492
certificates, to aid in the enforcement and collection
thereof, and said certificates may contain other and further
recitals pertinent and appropriate thereto. It shall not be
necessary that said certificates shall be in the exact form
as above set forth, but the substance and effect thereof
shall suffice, and that the foregoing provisions as to the
contents of said certificates are directory only.
Provided however, that the failure to issue any such
certificate or certificates, shall in no way invalidate any
of the assessments herein levied, but such assessments shall
in any event be valid and due and payable as herein provided.
Section 8: That it is the intention of said City
Council herein to, and it does hereby levy, assess, and
charge the assessments at hte rates per front foot, and in
the amounts as hereinabove set out, upon and against each
and every parcel of property abutting upon said street and
within the limits above defined, whether or not such property
be accurately described herein, so that, novertheless, each
and every parcel of property abutting upon said street and
the real and true owner of owners thereof shall be, and is
hereby, charged and assessed with its portion of the costs
of such improvements at the rates and amounts hereinabove
set out for the number of front feet each such parcel of
property abuts upon such street, within said limits herein
defined; and further, notwithstanding the hereinabove set
out descriptions of said abutting properties, it is the
intention of said City Council herein to, and it does hereby,
assess, levy and charge the assessments at the rates and in
the amounts as hereinabove provided for and set out, in each
case upon and against only the lots, parcels or subdivisions
of the property actually abutting upon said street, when
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"7493
said property is unimproved, and when same is improved then
against the lots, parcels or subdivisions thereof actually
abutting upon said street, together with so much of any
contiguous or adjoining lots, parcels, or subdivisions
thereof occupied by, or used in connection with, said improve-
ments. That all such assessments levied are, and shall be,
a personal liability and charge against the respective real
and true owner or owners of said abutting properties, not-
withstanding such owner or owners may not be named or correctly
named, and any irregularity in the name of the property
owner, or the description of any property or the amount of
any assessment, or in any other matter or thing shall not in
anywise invalidate or impair any assessment or lien levied
hereby or any certificate issued hereunder, and any such
mistake, or error, invalidity or irregularity, whether in
such assessment or in the certificate issued in evidence
thereof, may be, but is not required to be, in order to be
enforceable, corrected at any time by the City Council of
the City of Baytown, Texas.
That the total amounts assessed against the respective
parcels of property abutting upon said street within the
limits herein defined, and the real and true owner or owners
thereof, are the same, or less than, the estimates of said
assessments prepared by the City's Engineer and approved and
adopted by said City Council, and are in accordance with the
proceedings of said City relative to said improvements and
assessments therefor, and with the terms, powers and provi-
sions of said Chapter 106 of the Acts of the First Called
Session of the 40th Legislature of the State of Texas, known
as Article 1105b of Vernon's Annotated Civil Statues of
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494
Texas, as amended, and as adopted by Section 7, Article I of
the Charter of said City, under which terms, provisions and
powers of said Acts said improvements and assessments were
had and made by said City Council.
Section 9: Effective Date: This Ordinance shall take
effect from and after the date of its passage by a majority
of the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by a majority of the City
Council of the City of Baytown, Texas, on this 11th day
of March
, 1976.
r TOM GENTRY, Mayor
ATTEST: -
EILEEN P. HALL, City Clerk
APPROVED:
NEEL RICH RDS , City Attorney
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