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Ordinance No. 526CP,D INANCE N^. 526 ® AN ORDINANCE DETERMINING THE NEQSSITY FOR AND ORDERING) THAT SCOTT STREET, FRCM THE EAST PROPERTY LINT OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE OF COMMERCE STREET, HARVEY STREET FROM THE FAST PROPERTY LINE. OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE CF COMMERCE STREET, AND HAWTHORNE STREET FROM THE WEST PROPERTY LINE OF BARRYMaRE BLVD. TO THE EAST PROPERTY LINE. CF MAYO STREET, IN THE CITY OF BAYTCWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROV- ING PLANS AND SPECIFICATIONS FCR SUCH IMPROVEMIENT; DIRECT- ING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PRE- PARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WEIT- TE.N STATEMENT CF THE NAMES OF THE CWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART CF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART CF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THERCCF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCa AND ALL FURTHER PRCCEDINGS RE- LATED TO SUCH IMPROVEMENTS ARE BY VIRTUE, OF ARTICLE 110 -b, DIRECTING THE CITY CLERK TO FILE A CERTAIN NDTICE WITH THE COUNTY CLERK AND Tr ADVERTISE FOR BIDS; AND PROVIDiING FCR THE ® EFFECTIVE DATE HERECF. WHEREAS, the City Council of the City of Baytown has considered the advis- ability acid necessity of the permanent improvement of Scott Street, from the East property line of North Pruett Street to the West property line of Commerce Street, Harvey Street from the East property line of North Pruett Street to the West pro- perty line of Commerce Street, and Hawthorne Street from the West property line of Barrymore Blvd. to the East property line of Mayo Street, and plans and speci- fications 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; QW, THEREFORE) BF. IT CRLAI }-, BY THE: CITY COUNCIL CF THE CITY CF BAYTOWN: Section 1: The City Council of the City of Baytown, Texas, hereby determines the necessity for and orders the permanent improvement of the above described streets, to -wit: Scott Street, Harvey Street and Hawthorne Street, in the City of Baytown, Texas, by the construction thereupon of a cement stabilized shell hale, with asphaltic concrete wearing surface and concrete curbs and gutters and appurtenances 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 ® of Public Works and City E ngineer 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 Direc- tor of Public Works and City Engineer and hereinafter approved and adopted. Section 2: The Director of Public Works and City -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 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 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, am 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 - tenths (9 /10ths) 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- 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 saic 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 (9/10ths) of the estimated cost of such improvements exclusive of curbs and gutters as so esti- mated by the Director of Public Works and City Engineer. (b) The City of Baytown shall pay all of the remainder of said cost of saic 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 there..- of, 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 af;, ter the completion of said improvements and the acceptance thereof by the City of -2- 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 Five and One -Half (5%) Percent per annum, payable annually, but said property owners shall have the privilege of paying any one or more of said installments before their maturi- ty by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessments shall provide that in the event of default ir. 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 it connection with such improvements and the constraction 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 be- ing Chapter Cne 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 t( 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. Lffective 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. INiRCDUCE-D, RLAD and PASSE) by a majority of the City Council of the City of Baytown, on this 26th day of March, 19599 R . Pruett, , ayor AMRST : Bdna Oliver, City Clerk