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Ordinance No. 475v:;DINA,NCE NO. 475 • r L • AN ORDINANCE DETE31INING THE NECESSITY FOR AND ORDERING THAT FiARYLAND STREET, FROM END TO END. TO -ALIT: FROM THE NORTH PROPERTY LINE OF MIS - SOURI STREET TO THE SOUTH PROPERTY LINE OF WIEST MAIN STREET, nNOWN AND DESIGNATED AS UNIT NO. ONE (1); AND CAROLINA STREET, FROM END TO END, TO -WIT: FROM THE NORTH PROPERTY LINE OF inISSOURI STREET TO THE SOUTH PROPERTY LINE OF WEST 6AIN STREET, KNOI,N AND DESIGNATED AS UNIT NO. T140 We IN THE CITY OF BAYTOA'N, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A PdRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPER- TY AND THE 014NERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENT ARE BY VIRTUE OF ARTICLE 1105 -b uIRECTING THE CITY CLERK TO FILE A CER- TAIN NOTICE 'WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PRO - VIDING FOR THE EFFECTIVE DATE HEREOF, • f:HEREAS, the City Council of the City of Baytown-has considered the advisability and necessity of the permanent improvement of Maryland Street, from end to end, to -Wit: From the North property line of b;issouri Street to the South property line of West main Street, known and designated as Unit No. One (1); and Carolina Street, from end to end, to -Wit: From the North property line of iiiis- souri Street to the South property line of Nlest 'Plain Street, known and designated as Unit No. Zia (2), and plans and specifications for such improvement have been prepared and submitted to it; and having examined and considered said plans and specifications has decided to initiate the improvement of said streets; Nov;, THEREFORE, • Ce IT ORDAINED BY THe; CITY COUNCIL aF THE CITY OF BAYTOi;N: Section 1: The City Council of the City of Baytown, Texas, hereby de- tormines the necessity for and orders the permanent improvement of the above drseribed streets, to -wit: is :aryland Street and Carolina Street, in the City of Baytown, Texas, by the construction thereupon of a cement stabilized shell base, With asphaltic concrete wearing surface and concrete curbs and gutters and ap- purtenances and incidentals to such improvements, all as provided by the plans and specifications hereinafter referred to; said improvement to be of materials and to be constructed in the manner provided in the plans and specificat9.cas therefor heretofore prepared and submitted to the City Council by the D::rector • of Public U'orks and City Engineer and hereinafter approved and adopted. The City Council here and now approves and adopts the plans and speci- fications therefor heretofore prepared and submitted to the City Council by the uirector of Public Works and City Engineer and hereinafter approved and adopted. Section 2: Tile uirector of Public Works and City L.ngineer are here and now directed, as soon as they can conveniently do so, to prepare an estimate • of the cost of such improvements, as provided by Article 1105 -b hereinafter men- tioned, and to prepare also a written statement which shall contain the names of the persons, firms, corporations and estates owning property abutting upon said streets herein determined to be improved within the limits named, with the number of front feet owned by each, describing such property either by lot and block number or in any manner sufficient to clearly identify it. Section 3: r+ part of the cost of such improvements shall be paid by the City of Baytown and a part thereof shall be paid by the property abutting upon said streets hereby ordered.to be improved, and by the owners of such pro- perty, as follows, to -►vit: (a) The property abutting upon said streets within the limits herein - above defined and the real and true owners thereof shall pay all of the costs of curbs and gutters in front of their respective properties and not exceeding nine - tenths (9/10) of the estimated cost of the remaining such improvements On accordance with the estimate thereof by the uirector of Public Iorks and City Engineer, hereinabove ordered to be usade by them), exclusive, however, of the cost of such improvements within intersections of said streets with other streets. avenues and alleys as so estimated; provided, however, that in no event shall the cost of said improvements to be paid by the abutting property and the real and true owners thereof exceed the total cost of curbs and gutters and nine- tenths (9/10) of the estimated cost of such improvements exclusive of curbs and +,gutters as so estimated by the Director of tlublic ;;orks and City En..- ineer. (b) The City of Baytown shall pay all of the remainder of said c ^::' of said improvements after deducting the amounts herein specified to be paid by the abutting property and the real and true owners thereof as set out in sub- paragraph (a) above. The amounts payable by the abutting property and the real and true owners t;►ereof, shall be assessed against such property and ti►e real and true owners thereof, and shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and Prue owner thereof, and shall be payable as follows, to -wit: The said amounts payable by the property owners shall be paid in Six (6) equal installments, one installment to be due and payable in Thirty (30) dais after the completion of said improvements and the acceptance thereof by t ►e city -2- 7J • of Baytown, and another installment in a like amount to Le due and payable in one, two, three, four and five years respectively after said date of acceptance, with interest thereon from said date of acceptance, at the rate of Six 0;0 per- cent per annum, payable annually, but said property owners shall have the pri- vilege of paying any one or more of said installments before their maturity by payraent of principal and interest thereon, and such certificates as may be issued to evidence such assessments shall provide that in the event of default in paying any installment thereupon when due, whether of principal or interest, the whole of such certificate may be matured and declared due at the option of the ,holder thereof. Section d: This ordinance is adopted and all of the further proceed- ings in connection with such improvements and the construction thereof and such assessments shall be pursuant to the powers given by and in accordance with the provisions of the Acts of the 40th Legislature of the State of Texas, 1. 927, First Called Session, relating to street improvements and assessments therefor, and being Chapter One Hundred and Six (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. Section 5: The City Clerk is hereby directed to file a notice of the adoption of this ordinance with the County Cleri; of Ilarris County, Texas, pur- suant to the provisions of Article 1220 -a of the Revised Civil Statutes. The City Clerk is further directed to advertise for bids for such work and improvement in accordance with the plans and specifications hereinabove adopted and approved. Effective Date: That this ordinance shall take effect frow and after the date of its passage by a majority of the City Council of the City of Saytosni- INTRODUCED, hEAD and PASSUD by a majority of the City Council of the City of Baytown, on this 23rd day of April, 1956. ATT EST • n Edna Uliver, City Clerk -3- it. H. rruett, oiayor