Ordinance No. 51011 1
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ORDINANCE N0, 510
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING-
THAT BURBAMC STREET. FROM THE EAST PROPERTY LINE OF BAR -
RYMORE BLVD, TO THE WEST PROPERTY LINE OF CARNEGIE STREET,
IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPT-
ING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IM-
PROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND
CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH
IMPROVEMENTS AND A 'WRITTEN STATEMENT OF THE NAMES OF THE
OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVID-
ING 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 PROPERTY AND THE OWNERS
THEREOF, AND FOR INCIDENTAL MATTERS; _ DECL.ARING THAT THIS
ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IM-
MOVEMENTS 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.
VREREAS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of BURBANK STREET,
from the East property line of Barrymore Blvd, to the.Vest property line of
Carnegie Street, 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 street, 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
street, to -wit: BURBANK STREET, in the City of Baytown. Texas, by the construction
thereupon of a cement stabilized shell base with asphaltic concrete wearing sur-
face and concrete curbs and gutters and appurtenances and incidentals to such im-
provement, 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 specifications therefor heretofore prepared and submitted to the
City Council by the Director of Public Morks and City Engineer and hereinafter ap-
proved 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 Direct-
or of Public Vorks and City Engineer and hereinafter approved and adopted,
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® 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 improvement, 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 street
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 street hereby ordered to be improved, and by the owners of such property.
as follows, to -wit:
(a) The property abutting upon said street 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 Vorks and City Engineer, here -
inabove ordered to be made by them), exclusive, however, of the cost_of such im-
provements within intersections of said street with other streets, avenues and
alleys as so estimated; provided, however, that in no event shall the oost of said
improvements to be paid by the abutting property and the real and true owners there-
of exceed the total cost of curbs and gutters and nine- tenths (9/10) of the esti-
mated cost of such improvements exclusive of curbs and gutters as so estimated
by the Director of Public Vorks and City Engineer.
(b) The City of Baytown shall pay all of the remainder of said cost of said
improvement 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 there-
of, 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 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
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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
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 there-
of.
Section 4: This ordinance is adopted and all of the further proceedings in
connection with such improvement 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, 1927, First Called Session,
relating to street improvements and assessments therefor,_and. being Chapter One Hun-
dred 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 Barris 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
improvements in accordance with the plans and specifications hereinabove adopted
and approved.
Effective Dates That this ordinance shall take effect from and-after the
date of its passage by a majority d'_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 23rd day of October, 1958.
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R. A. Pruett, Mayor
ATTEST