Ordinance No. 494•
I•
0
•
ORDINANCE NO, 494
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT HIGHWAY NO. 146 (ALEXANDER DRIVE), FROM THE SOUTH
LINE OF EAST REPUBLIC STREET TO THE NORTH BOUNDARY LINE
i OF THE CITY OF BAYTOWN, 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 WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE
PROPERTY ABUTTING ON SAID HIGHWAY. THE COST THEREOF SHALL
BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND
THE 01,O S THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING
THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO
SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105 -b, DIRECT-
ING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY
CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EF-
FECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of Highway No. 146,
(Alexander Drive), from the South line of East Republic Street to the North
boundary line of the City of Baytown, 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 improve-
ment of said Highway; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
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
described portion of Highway No. 146, in the City of Baytown, Texas, by the
construction of concrete curb and gutter, or its equivalent, and appurtenances
and incidentals to such improvement, all as provided by the plans and specifi-
cations therefor heretofore submitted to the City Council by the 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 furnish the Council
an estimate of the cost of such improvement, as provided by Article 1105 -b
hereinafter mentioned, and to prepare a written statement which shall contain
the names of the persons, firms, corporations and estates owning property abut-
ting upon said Highway 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: The cost of such improvement shall be paid by the property
abutting,upon said Highway hereby ordered to be improved, and by the owners of
"2
• such property, as follows, to -wit:
(a) The propbrty abutting upon said Highway within the 1iigts here-
inabove defined and the real and true owners thereof shall pay all bf the costs
of curb and gutter in irdA of their respective properties, exclusive4 however,
of the cost of such improvements within intersections of said Highway with
Streets, Avenues and Alleys, as so approved by the Director of Public Works
and City Engineer.
The amount 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 owners thereof, and
• shall be payable as follows, to -wit:
The said amount 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 improvement and the acceptance of 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 privi-
lege 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 is-
. sued 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 4: This ordinance is adopted and all of the further proceedings
in connection with such improvements and the construction thereof and such asses
sments shall be pursuant to the powers given by and in accordance with 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 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
OCivil 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.
10
I•
10
1
"311
40
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 majority 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 the 25th day of September, 1958.
. H. Pruett, Mayor
ATTEST:
Edna Oliver, City Clerk