Ordinance No. 484• 0
ORDINANCE NO. 484
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT EAST JAMES
AVENUE FROM THE EAST PROPERTY LINE OF STATE HIGH11AY NO. 146 (ALEXANDER
DRIVE), TO A POINT WHICH Ta 761.70 FEET EASTERLY FROM THE UTEST PROPERTY
LINE OF CEDAR LANE; SAID EASTERLY TERMINUS BEING THE POINT OF CURVATURE
IN THE NORTH LINE OF LOT NO. 5, BLOCK NO. 3, OF "DANUBINA ACRES" SUBDI-
VISION, IN THE CITY OF BAYTOV!N, TEXAS, SHALL BE EAPROVED; ADOPTING AND
APPROVING PLfM AND SPEC IFICPTIONS FOR SUCH EMPROVEP,ENT; DIRECTING THE
DIRECTOR OF PL13LIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE
COST OF SUCH IMPROVENENT LND A UTRITTEN STATEMENT OF THE NAMES OF THE
O14NERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART
OF THE COST THEREOF SHALL BE PAM BY THE CITY AND A PART OF THE COST
THEREOF SHALL BE PAID BY iM ASSESSED AGAINST THE ABUTTING PROPERTY A)D
THE ORINERS THEREOF; AND FOR INCIDENTAL, i:IATTERS; DECLARING THAT THIS OR-
DINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVENENT ARE BY
VIRTUE OF ARTICLE 1105 -b DIRECTING THE CITY CLERK TO FILE A CERTAIN NO-
TICE VITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF,
• WHEREFS, the City Council of the City of Baytown has considered the advis-
ability and necessity of the permanent improvement of East James Avenue from the
East property line of State Highway No. 146 (Alexander Drive), to a point which
is 761.70 feet Easterly from the West property line of Cedar Lane; said Easterly
terminus being the point of curvature in the North line of lot '95, block 43 of
"Danubina Acres" Subdivision, 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 Avenue;
NOTI, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOTIN:
Section 1: The City Council of the City of Baytown, Texas, hereby deter.-
• mines the necessity for and orders the permanent improvement of the above de-
scribed Avenue, to -wit: East Janes Avenue, in the City of Baytown, Texas, by
the construction thereupon of a concrete base and concrete curbs and gutters
and appurtenances and incidentals to such improvement, all as provided by the
plans and specifications hereinafter referred to; said improvement to be of mat-
erials and to be constructed in the manner provided in the plans and specifica-
tions therefor heretofore prepared and submitted to the City Council by the
Director of Public Vorks and City Engineer and hereinafter epproved and adopted.
Section 2: The Director of Public Works and City Engineer are here and now
directed, as soon as they can conveniently do so, to prepare an estimate of the
® cost of such improver::ent, as provided by Article 1105 -b hereinafter mentioned,
and to prepare also a written statement which shall contain the names of the per-
sons, firms, corporations and estates owning property abutting upon said ixenue
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: A part of the cost of such improvement shall be paid by the City
of Baytown and a part thereof shall be paid by the property abutting upon said
Avenue hereby ordered to be improved, and by the owners of such property, as
follows, to -wit:
(a) The property abutting upon said Avenue within the limits hereinabove
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 (in accordance
with the estimate thereof by the Director of Public Works and City Engineer, here -
inabove ordered to be made by them), exclusive, however, of the cost of such im-
provement within intersections of said Avenue with other ;venues, Streets or
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 improvement exclusive of curbs and gutters as so estimated
by the Director of Public Works and City Engineer.
(b) The City of Baytown shall pay all of the remainder of said cost of said
improvements after deducting the amounts herein specified to be paid by the abut-
ting 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
thereof, shall be assessed against such property and the 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 true 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) days
after the completion of said improvements and the acceptance thereof by the City
of Baytown, and another installment in a like amount to be 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 (6%) percent,
per annum, payable annually, but said property owners shall have the privilege
of paying any one or more of said installments before their maturity by payment
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of principal and interest thereon, and such certificates as may be issued to evi-
dence 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 4: This ordinance is'adopted and all of the further proceedings in
connection with such improvement and the construction thereof and such assess-
ments shall be pursuant to the powers given by and in accordance with the provi-
sions 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 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 adop-
tion of this ordinance with the County Clerk of Harris County, Texas, pursuant
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 from and after the
date of its passage by a majority of the City Council of the City of Baytown.
TNMODUCED, RUM and P,1SSED by a majority of the City Council of the City
of Baytown, on this 28th clay of May, 1958.
,1TTEST :
n'r_L"U� r_pj�_�
Edna Oliver, City Clerk
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R. H. Pruett, Mayor