HomeMy WebLinkAboutO-1967-771
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ORDINANCE NO. '77'/
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, APPROVING
AND ADOPTING ESTIMATES OF THE CO'STS AND OF CERTAIN
PORTIONS O,F THE COST.8 OF THE PERMANENT IMPROVEMENTS OF
NORTH 7'rH STREET AND SUNDRY OTHER STREETS AND AVENUES,
WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF
LA PORrE, TEXAS, AS HERETOFORE ORDERED BY CERTAIN ORD-
INANCES ENACTED BY THE CITY COMMISSION OF SAID CITY;
DECLARING THE CITY COMMTSSION r,s INTENTION OF ASSESSING
PART OF THE COST OF SUCH IMPROVEMENTS AT CERTAIN RATES
PER FRONT FOOT AGAINST THE PBUTTING PROPERTY AND THE
OWNERS THEREOF- ORDERING THAT A HEARING BE HELD AND GIVEN
TO ALL OWNERS 6R CLAIMING TO OWN ANY SUCH ABUTTING PROPERTY
OR ANY INTEREST THEREIN AS TO SUCH PROPOSED ASSESSMENTS
AND AS TO OTHER MATTERS RELATED TO SUCH IMPROVEMENTS;
SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING AND
DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE,
TEXAS, THAT:
Section 1. The City Commission of the City of La Porte, Texas,
hereby finds and determines:
(a) That by Ordinances No. 749 and 750, both duly enacted on
the 7th day of June, 1966, the City Commission did determine the
necessity for and ordered the improvements of North 7th Street, and
sundry other streets and avenues in the City of La Porte, Texas,
within the limits defined and as described in said Ordinances, and
as hereinafter set out, and did, among other things, by said Ordin-
ances approve certain plans and specifications for such improvements
and ordered that advertisement be made for competitive bids for the
construction of such improvements; and
. (b) That said City Commission, 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 a contract for the construction
of said improvements;.~to Gulf Bitulithic Company, a Division of
Warren Brothers Company, it having been found to be the lowest res-
ponsible bidd'er for such improvements, and said contract has hereto-
fore been duly executed and completed by said City and said Gulf
Bitulithic Company, a Division of Warren Brothers Company, the
execution of which contract was duly authorized by Ordinance No.
760~: enacted by said City Commission on March 6, 1967, and the
Performance and Payment Bonds required by }w and said contract have
been properly fUrnished by said Gulf Bitulithic Company, and approved
and accepted by said City Commission, and an appropriation of avail-
able funds has been duly made by Ordinance of said City Commission
to cover theCityfs portion of the cost of said improvements, all in
fUll compliance with the requirements of the law and the Charter of
said City. .
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~~) Th~t pursuant,to instructions of said City Commission,
the Cl. ty Engl.neer and Dl.rector''', Department of Public Works, has
prepared and filed with said City Commission a statement of the
estimates of the costs of such improvements of said streets, within
the limits hereinbelow defined, and of estimates of the amounts per
front foot proposed to be assessed against the property abutting
upon said streets to be improved and the owners thereof and of other
costs and matters relating thereto, and same has been received, ex-
amined and approved by ..the 'C:ityCommission, such statement of estimates
__..,__~eing as follows), to-w~_t.~___ ...____.. ____
COMMISSIONERS
LOIS .J. COMPTON
CHARLES D. BOYLE
RUSSELL SHEPHERD
_ W. A. STABS. .JR.
CITY OF LA PORTE
'"tJatelllfl'l to de ~'"
LA PORTE, TEXAS 77571
MAYOR
H. P. PFEIFFER
CITY CLERK
MARILYN KEL.L.EY
TO: Mayor Harold P. Pfeiffer
Through City Clerk
FROM: City Engineer and Director,
Department of Public Works
DATE: June 7, 1967
SUBJECT: Improvement of portions
of the herein named streets.
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In accordance with the proceedings heretofore had by the City Commission
in connection with the improvement of the hereinafter described streets,
and as directed by you, I 'have prepared, and here submit to you, the
estimates of the cost of making said improvements together with other
relevant information, such estimates of cost, the description of the
streets to be improved, a statement of the general nature of such
improvements for each of said streets and other information are set
out in the followi~g schedule, to-wit:
(In the descriptions of such streets appearing in the following
schedule, the abbreviations "EPL", "WPL", "NPL", and "SPL" shall
mean respectively "east property line",. "west property line",
"north property line", and "south property line", and the
abbreviation "St." means "Street", the abbreviation "Ave." means
"Avenue", and the abbreviation "Blvd." means "Boulevard", to-wit:
See "ESTIMATE OF COSTS" Schedule attached hereto.)
ENTIRE PROJECT:
(1) Total estimated part of the costs of entire
project proposed to be assessed against the
abutti~g property and the owners' thereof
(2) Total estimated part of the costs of .entire
project to be paid by the City of La Porte
(3) Estimated total costs of the entire project
$297,853.65
$553,396.35
$851,250.00
Assessment rolls in the usual form are bei~g prepared and will be
submitted for your approval.
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H. CARLOS SMITH,
City Engineer and
Director of Public Works
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ESTIMATE OF COSTS
For "Improvement of. the Streets as Below Described
and Statement of the General Nature of Such Improvements:
Total Estimate~ Estimated total 'e
amount per front costs to be 'Estimated total
foot to be assessed assessed against costs to be
against abutting abutting property paid by the Estimated total
property and the and the owners ' City of costs of the
Unit No. Description of Street to be Improved owners thereof thereof La Porte improvements
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Ordered Improved by Ordinance No. 749
GROUP I: .-~
Nature of Improvements: Streets to be improved
with six-inch (6") reinforced concrete pave-
ment with integral curb, to a pavement width
of twenty-'eight (28' ) feet:
749-1 North 7th Street, from NPL West Polk (_
(North II A ") to SPL West Tyler
(North "C") $6.12 $9,792.00 $ 8,760.13 $18,552.13
749-2 North 3rd Street, from NPL West Polk
(North "A") to SPL West Tyler
(North "C") $6.12 $9,792.00 $14,409.82 $24,201.82
749-3 South 1st Street, from NPL West
(Sou th) "B" Street to NPL West
(South) "G" Street $6.12 $24,480.00 $62,;.978.68 $87,458.68
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$21,080.56
$15,977.39
$15,379.40
$14,981.70
$46,844.74
$ 6,194.95
$ 6,819.77
$ 7,958.83
$ 8,843.16
$15,063.99
$ 7,438.15
$ 6,199.40
$ 5,801.70
$23,558.14
$ 2,198.59
$ 2,474.57
$ 3,062.83
$ 3,335.16
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$ 6,016.57
$ 8,539.24
$' 9,180.00
$ 9,180.00
$23,286.60
$ 3,996.36
$ 4,345.20
$ 4,896.00
$ 5,508.00
$6.12
$6.12
$6.12
$6.12
$6.12
$6.12
$6.12
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$6.12
$6
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749-4 South Utah (10th) Avenue, from SPL
Park to NPL Bayshore (Grandview)
749-5 Oakgrove Avenue, from S,PL Bayshore
to SPL Park Ave.
749-6 South Nugent (14th) Avenue, from NPL
Roscoe to SPL Park
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749-7 South Holmes (15th) Avenue, from NPL
Roscoe to SPL Park
749-8 South Carroll ( 16 th) AVenue, from SPL
East Main to S~L East (South) "E"
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749-9 South Carroll (1i6th) Avenue, from SPL
East (South)' "E" to NPL Park
749-10 Sylvan Avenue, from EPL Bayshore
(Grandview) to 300 feet East of EPL
B~y'shore (Grandview)
749-11 Forest Avenue, from EPL Bayshore
(Grandview) to 330 feet East of
EPL Bayshore (Grandview)
749-12 Hazel Avenue, from EPL Bayshore
(Grandview) to 410 feet East of
EPL Bayshore (Grandview)
GROUP II:
Nature of Improvements: Streets to be improved
with seven-inch (7") reinforced concrete
pavement with integral curb, to a pavement
width of forty (40') feet:
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$11,194.12
$11,750.82
$12,611.78
$10,308.26
$ 5,481.15
$17,841.10
$10,259.43
$11,436.65
$ 4,082.44
$ 4,639.14
$ 5,500.10
$ 4,122.58
$ 3,090.03
$11,359.10
$ 3,777.43
$ 4.028.65
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$ 7,111.68
$ 7,111.68
$ 7,111.68
$ 6,185.68
$ 2,391.12
$ 6,482.00
$ 6,482.00
$ 7,408.00
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North 7th Street, from NPL West Main
to SPL West Polk (North A")
749-13
$9.26
West Main to
North 4th Street, from NPL
~PL Wesf Polk (North "A")
749-14
$9.26
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$9
North 3rd Street; from NPL West Main to
SPL West Polk (North "A")
from NPL
(North "A
(7th) Avenue,
SPL East Polk
North Virginia
East Main to
749-15
749-16
$9.26
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East (South) "A"'. Street, from EPL
Broadway to WPL San Jacinto
749":'17
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$9.26
$9
SPL East
South) "D
Nature of Improvements: Streets to be improved
with six-inch (6") reinforced concrete pave-
ment with integral curb and Boulevard with
twenty (20') foot esplanade, being a pave-
ment width of forty (40') fe~t Boulevard,
consisting of two twenty (20') foot roadways
749-19
(
Jefferson Avenue, from EPL Bayshore
(Grandivew) to 330 feet East of EPL
Bayshore (Grandview)
from
East
Avenue,
to NPL
)
"
5th
"c
Arizona (
( South)
749-18
GROUP III
$9.26
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$9
Bayshore
East of
Garfield Avenue, from EPL
(Grandview) to 350 feet
EPL Bayshore (Grandview)
749-20
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$ 2,840.22
$ 6,826.50
$ 2,375.00
$377.218.16
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$ 1,112.69
$ 2,274.22
$ 707.50
$199,975.04
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$ 1,727.53
$ 4,552.28
$ 1,667.50
$177,243.12
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IV:
GROUP
Nature of Improvement Streets to be improved
with e~ght-inch(8" sand st~bilized shell
base, one-inch (1") hot-mix asphalt surfacing
and monolithic reinforced concrete curb and
gutter, with pavement width as indicated
below for each street.
$6.67
East side only of South 1st Street,
from NPL West (South) "A" to NPL
, Alley in Bloqk 37, La Porte,
(Pavement width 20 feet)
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South 1st Str~et, from SPL West
(South) "A" to NPL West (South) "B
(Pavement width 40 feet), except
for the area occupied by the
existing asphalt surface pavement
749-21
749-22
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$6
East side only of South 2nd Street,
from NPL Lot 7, Blk. 14, La Porte,
to SPL Lot 16, Blk. 14, La Porte;
(Pavement width 20 feet)
749-23
$ 6.67
UNDER ORDINANCE
TOTAL ESTIMATED COSTS
NO . 1. 4 9
750
Ordinance No.
1m
Ordered
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Nature of Improvements: Streets to be improved
with six-inch (6") reinforced concrete pave-
ment with integral curb, to a pavement width
of twenty-eight (28') feet:
GROUP
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$36,273.90
$34,781.70
$33,656.41
$27,711.17
$16,919.16
$99,387.80
$10,319.74
$82,862.65
$91,536.89
$27,093.90
$25,601.70
$24,525.71
$19,628.50
$13,495.02
$68,112.80
$ 9,370.37
$62,012.65
$77.636.89
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$ 9,180.00
$ 9,180.00
$ 9,130.70
$ 8,082.67
$ 3,424.14
$31,275.00
$ 949.37~
$20,850.00
$13,900.00
$4.59
$4.59
$4.59
$4.59
$4.59
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$6.95
$6
$6
$6
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750-1 East (South) "D" Street, from EPL San
Jacinto to EPL Utah (10th)
750-2 East (South) "F" Street,. from EPL
San Jacinto to EPL Utah (10th)
750-3 East (South) "HII Street, from EPL
San,Jacinto to EPL Utah (10th)
750-4 Bayshore Drive, from WPL Utah (10th)
to WPL Oakgrove Ave.
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750-5 Roscoe Avenue,-' from WPL Block 28,
Bayfront Adc;l'n. to EPL Holmes
( 15th) Stre~t
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GROUP II:
Nature, of Imp;rovem~nts: Streets to be improved
with seven-inch (711) reinforced concrete
pavement with integral curb, to a pavement
width of forty (40' ) feet:
750-6 West Polk (North "All) Street, from
WPL Broadway to EPL North 9th St.
750-7 East Polk (North "All) Street, from
EPL Broadway to EPL North Virginia
( 7 th) Ave.
750-8 West (South) IIA" Street, from EPL
South 3rd St. to EPL South 9th St
750-9 West (South) IIG" St., from WPL
Broadway to EPL South 4th St.
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$18,522.60
$12,464.09
$ 8,052.73
$ 1,543.00
$474.031.84
$11,039.95
$ 8,433.09
$ 5,552.73
$ 918.00
$353.421.31
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$ 7,482.65
$ 4,031.00
$ 2,500.00
$ 625.00
$120.610.53
$6.95
$6.95
$5.00
$5.00
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750-10 East (South) C St. , from EPL
Broadway to WPL San JacintQ
750-11 East (South) "D" St., from WPL
Arizona to WPL San Jacinto
GROUP III:
Nature of Improvements: Streets to be improved
with eight-inch (8") sand stabilized shell
base, ,one-inch (111) hot-mix asphalt, surfac-
ing and monolithic reinforced concrete curb
and gutter, with pavement widths as below
indicated for each street:
750-12 West (South) "A" Street, from WPL
Broadway to EPL South 1st (p'avement
width 40 feet)
750-13 North Side Only of West (South) "A"
St. , from WPL South 1st to WPL
Alley in Block 38, La Porte (Pavement
width 20 feet)
TOTAL ESTIMATED COSTS UNDER ORDINANCE
NO. 750
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Section 2. The City Commission hereby approves and adopts said
statement of the estimates of the several items of costs hereinabove
set out in said City Engineer and Director, Department of Public Works'
statement, and does hereby estimate such costs, rates and such portions
of said costs in the respective amounts as hereinabove set out in the
preceding sub-section (6) of Section 1 hereof; and does further hereby
declare its intention, subject to the hearing hereinafter ordered, to
make and levy assessments of a part of the cost of said improvements
against the abutting property and the real and true owners thereof at
the rates per front foot hereinabove set out by virtue of, and in
accordance with, the powers given by, and subject to, all of the pro-
visions of the Acts of the 40th Legislature of the State of Texas, '1927,
First Called Session, relating to street improvements and assessments
therefor, and being Chapter 106 of the General and Special Laws of said
Session, as amended, said Act being commonly known as Article 1105-b,
Revised Civil Statutes of Texas, 1925, and as adopted by and as Article I,
Section 8 of the Charter of the City of La Porte, Texas. To evidence
the amounts so assessed, assignable certificates shall be issued, which
shall be payable in installments and shall bear interest all as set out
and provided for in the Ordinances above referred to ordering such
improvements and the provisions of said ArtXie 1105-b, Revised Civil
Statutes of Texas.
Section ~. The City Commission hereby orders ,that hearing be had
and such hearing shall be had and held by and before the City Commission
of the City of La Porte, Texas at 2:00 o'clock P.M. on the 12th day of
JUly, 1967, in the City Commissionts Chambers at the City Hall of and
in said City, and a Special Meetin,~ of said City Commission is hereby
called and set for said time and plac'e- for such hearing, and at such
hearing at that time and place all owning any property abutting upon
said streets, within the li~its above defined, or any interest therein,
shall have the right at such hearing to be heard on, any matter as to
which hearing is a co~stitutional prerequisite to the validity of any
assessment authorized by said Act, and herein proposed to be levied,
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and to contest the amounts of the proposed assessments, the lien and
liability thereof, the special benefits to the abutting property and
the owners thereof by means of the improvements for which assessments
are to be levied, and the accuracy, sufficiency, regularity, and
validity of the proceedings and contract in connection with such im-
provements and proposed assessments; and said 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.
Section 4. Following such hearing as above provided for, assess-
ments will be levied against said abutting property and the real and
~ true owners thereof for that portion of the cost of said improvements
determined to be payable by said abutting property and the real and
true owners thereof, in the respective amounts as shall be determined
at said hearing, and such assessments when levied shall be a first and
prior lien against such abutting property from the respective dates
said improvements were ordered, and shall be a personal liability and
charge against the true owners o,f such property at said respective
dates, whether named or not. In levying said assessments, if the
name of any owner b~ unknown, it shall be sufficient to state the fact,
and if any said abutting property be owned by an estate or by any firm
4It or corporation, it shall be sufficient to so state the fact, and it shall
not be necessary to give the correct name of any owner, and no error
or mistake in attempting to name any such owner or in describing any
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of said property shall invalidate any assessment or certificate issued
in evidence thereof, but nevertheless the real and true owner of said
abutting property shall be liable and the assessment against said pro-
perty shall be valid, whether or not such owner be correctly named,
or said property correctly described therein.
Section 5. Each portion of said streets or avenues hereinabove
described and designated by Unit numbers constitutes a separate and
independent Unit of the improvements and shall be improved and the
improvements constructed therein as separate and independent from each
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~nd every other Unit or portion of said streets or avenues, and the
assessments to be levied for such improvements in each Unit or portion
of said streets and avenues shall be altogether separate and distinct
and independent of and from the assessments to be levied in every
other of said Units, or portions of said streets and avenues, and in
making and levying said assessments against the property abutting upon
one of said Units, no matter or circumstance in connection with any
other of said Units shall be considered or have any effect upon the
other, all as fully and to the same extent as if separate proceedings
and contracts had been had and executed with reference to the im-
~:: provements to be made in each of said Units.
Section 6. The City Clerk is directed to give notice of such
hearing, which notice shall be directed to all owning any property
abutting upon said portions of said streets, and to all claiming any
such property or any interest therein and to all interested in any
such property, and shall be given by advertisement thereof inserted
at least three times before the date of said hearing in some newspaper
published in the City of La Porte, Texas, the first publication to be
made at least twenty-one (21) days before the date of the hearing.
Further said City Clerk is directed to give additional written notice
of said hearing by depositing in the United ,States mail, at least
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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 streets, within the
limits above defined, as the names of such owners are shown on the
p~esent current rendered tax rolls of the City of La Porte, Texas,
and at the addresses so shown thereon, or if the names of such res-
pective owners do not appear on such rendered tax roll, then addressed
to such owners as their names are shown on the current unrendered tax
rolls of said City and the addresses shown thereon. The written notice
to be so mailed may consist of a copy of the published notice of$id
4It hearing. In those cases in which an owner of property abutting upon
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said streets to be so improved, is listed as "unknown" on the
present current City tax rolls, or the name of an owner is shown
on such curren~ City tax rolls but no address for such owner is shown
thereon, no notice need be mailed. In those cases where any such owner
is shown to be an estate, said mailed notice may be addressed to such
estate. Further the City Clerk shall make and preserve an appropriate
record of the mailing of said notices, the date of such mailing and
the names and mailing addresses to which such notices so mailed were
addressed.
Section 7. In such notice, the City Clerk shall describe in
~ general terms the nature of such improvements for which assessments
are proposed to be levied, shall state the streets and the portions
thereof to be improved, shall state the estimated amounts per front
foot proposed to be assessed against the owners of abutting property
on such respective portions of such streets and to be assessed against
such property, shall state the respective estimated total cost of such
improvements of each such portions of said streets, and shall state
the time and place at which such hearing shall be held. There may
also be included in such notice such further data and information re-
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garding such proposed assessments as the City Clerk deems proper and
such general statement as the City Clerk deems sufficient to acquaht
those to whom it is directed with the fact that they have a right to be
heard and to inform them generally of the matters upon which they are
entitled to be heard.
Section 8. Effective date: This Ordinance shall take effect from
and after the date of its passage by a majority of the City Commission
of the City of La Porte, Texas.
INTRODUCED, READ and PASSED by a majority of the City Commission
of the City of La Porte, Texas on this the 12~day of June, 1967.
ATTEST:
H.
La
~O~I~r
Mril~ Kell "
~w.
Knox Askins,
of La Porte
orney, City of La Porte
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