Ordinance No. 533T
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® ORD INANCE NO. 533
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT PARMAY DRIVE, FROIJ THE WEST PROPERTY LINE OF SOUTH
FOURTH STREET TO THE EAST PROPERTY LINE OF GLENN STREET,
IN THE CITY OF BAYTOUN, TEXAS, SHALL BE IMPROVED; ADOPTING
AND APPROVING THE PLANS AND S PEC IF ICAT IONS FOR SUCH I?JPROV E-
i.WS; DIRECTING THE DIRECTOR OF PUBLIC VORKS AND CITY ENGI-
NEER TO PREPARE AN ESTIQATE OF THE COST OF SUCH IHPROVEMENr
AND A WRITTEN STATEMENT OF THE NM-1ES OF THE OWNERS OF THE PRO-
PERTY ABUTTING ON SAID STREET, 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 ABUTTING PRO-
PERTY AND THE OWNERS THEREOF; AND FOR INCIDENTAL HATTERS; DE-
CLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED
TO SUCH Ii.1PROV EVENTS 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.
WHERE AS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of Parkway Drive, from
the West property line of South Fourth Street to the East property line of Glenn
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 BAYT0WN:
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 street, to -wit: Parkway Drive, in the City of Baytown, Texas, by
widening the existing twenty (20') foot concrete slab street to thirty -one (31')
feet back to back of curb, by using six (69 inch concrete paving reinforced
with three- eighths (3/8 ") inch steel bars on two (21) foot centers each way,
complete with curb, expansion joints and other incidentals, 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 speci-
fications therefor heretofore prepared and submitted to the City Council by the
Director of Public 11orks and City Engineer and hereinafter approved and adopted.
The City Council here and now approves and adopts the plans and specifi-
cations therefor heretofore prepared and submitted to the City Council by the
Director of Public Works and City Engineer and hereinafter approved and adopted.
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Section 2: The Director of Public ('forks 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 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 improvements 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 de-
fined 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, hereinabove or-
dered to be made by them), exclusive, however, of the cost of such improvements with-
in intersections of said street with other streets, avenues and alleys as so estima-
ted; 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 /10ths) of the estimated cost of such
improvement exclusive of curbs and gutters as so estimated by the Director of Public
i`lorks 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 abutting
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 fol-
lows, to -wit:
The said amounts payable by the property owners shall be paid in Six (6)
equal installmetns, 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 Bay-
town, 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
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® 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 evidence such assess-
ments shall provide that in the event of default in paying any installment there-
upon 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 9: 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
Hundred and Six (105) 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
improvements in accordance with the plans and specifications hereinabove adopted
and approved.
is
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 j n day of 1959.
ATTEST:
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Edna Oliver, City Clerk
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R. H. Pruett, rJayor