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Ordinance No. 498ORDINANCE NO. 498 • AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT WILLW5 STREET FROid THE EAST PROPERTY LINE OF PRUETT STREET TO THE !'LEST PROPERTY LINE OF NORTH i:1AIN STREET (FOR - NERLY GOOSE CREEK STREET), KNOWN AND DESIGNATED AS UNIT NUPd- BER ONE (1); AND HAPITHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE STREET, KNOWN AM DESIGNATED AS UNIT NUMBER TWO (2), IN THE CITY OF BAYTO!9N, TEXAS, SHALL BE Ii-1PROVED; ADOPTING AND AP- PROVING PLANS AND SPECIFICATIONS FOR SUCH Ii1PROVEMNT; DI- RECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IiIPROVEi.lEWS AND A I'M MEN STATEMNP OF THE NAI.IES OF THE OWNERS OF THE PROPERTY ABUITING 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 Ai3'M ING PROPERTY AND THE OWNERS THEREOF, AND FOR IN;ICENTAL r.]ATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH If- TROVEI.IENTS ARE BY VIRTUE OF ARTICLE 1105 -b DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR • THE EFFECTIVE DATE HEREOF. VIHEREAS, the City Council of the City of Baytown has considered the advisability and necessity of the Nermanent improvement of 11illiams Street, from the East property line of Pruett Street to the Pest property line of North Hain Street (formerly Goose Creek Street), known and designated as Unit Number One (1); and Hawthorne Street, from the East property line of rlayo Street to the 11dest property line of Carnegie Street, known and designated as Unit Number Two (2), and plans and specifications for such improvements have been prepared and submitted to it; and .aving examined and considered said plans and specifi- cations has decided to initiate the improvement of said streets; NOV, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOUN: 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 streets, to -wit: Williams Street and Hawthorne 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 improvements to be of materials and to be constructed in the manner provided in the plans and specifications therefor heretofore prepared and submitted to the City Council by the Director is of Public Works and City Engineer and hereinafter approved and adopted. The City Council here and now approves and adopts the plans and specifica- tions therefor heretofore prepared and submitted to the City Council by the "2" • Director of Public Works and City Engineer and hereinafter approved 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 improvements, as provided by Article 1105 -b hereinafter mentioned, 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: A 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 property, as follows, to -wit: (a) The property abutting upon said streets 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 - tenth! (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, her( inabove ordered to be made by them), exclusive, however, of the cost of such im- provements 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 owne. 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 esti.mat; by the Director of Public Works and City Engineer. (b) The City of Baytown shall pay all of the remainder of said cost of sai. 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 said abutting property. and a personal liability of the real and true,cimers thereof, and shall be pay- able as follows, to -wit: • n L.i 0 .. • 0 , ,131* 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 %) 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 payment of principal and interest thereon, and such certificates as may be issue( to evidence such assessments shall provide that in the event of default in payin! 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 improvements 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 adoption of this ordinance with the County Clerk of Harris 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 improvements 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 majotiry of the City Council of the City of Baytown. INTRODUCED, READ and PASSED by a majority of the City Council of the City of Baytown, on this 10th day of Jules t95A_ ATTEST: r Edna Oliver, Ci y Clerk