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HomeMy WebLinkAboutO-1967-771 .. e.. . . . . 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. . . . .. ~~) 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. . 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. e d&~ H. CARLOS SMITH, City Engineer and Director of Public Works ~ -1, - 2 - ~t e - - ," 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 - 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 'e ,e - $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 -" $ 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 12 . $6.12 $6 'i4, ~ - 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 , , 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" J r 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: - ,e - $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 . $ 7,111.68 $ 7,111.68 $ 7,111.68 $ 6,185.68 $ 2,391.12 $ 6,482.00 $ 6,482.00 $ 7,408.00 :e I. 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 26 . $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 ) East (South) "A"'. Street, from EPL Broadway to WPL San Jacinto 749":'17 26 $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 26 . $9 Bayshore East of Garfield Avenue, from EPL (Grandview) to 350 feet EPL Bayshore (Grandview) 749-20 e: - -' $ 2,840.22 $ 6,826.50 $ 2,375.00 $377.218.16 .0.. $ 1,112.69 $ 2,274.22 $ 707.50 $199,975.04 e' $ 1,727.53 $ 4,552.28 $ 1,667.50 $177,243.12 e :e 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) /' f 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 67 $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 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: GROUP - e - $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 - $ 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 95 95 95 $6.95 $6 $6 $6 .e - 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. q - , 750-5 Roscoe Avenue,-' from WPL Block 28, Bayfront Adc;l'n. to EPL Holmes ( 15th) Stre~t ~i 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. - ,.e e $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 .' $ 7,482.65 $ 4,031.00 $ 2,500.00 $ 625.00 $120.610.53 $6.95 $6.95 $5.00 $5.00 . 'e 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 . e. . . e . 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, - ~ - - e e 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 . . 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 - 4 - '. e e ~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 e 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 - 5 - ~. e . 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- .' . 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 - 6 -