Ordinance No. 535M
L.J
ORDINANCE NO. 5315
AN ORDINANCE DETERMINING THE NECESSITY FOR AND OGDERIN'G
THAT NORTH COWNERCE STREET FROM THE NORTH PROPERTY LINE
OF FORREST STREET TO THE SOUTH PROPERTY LINE OF 11ILLIM -Z
STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE I13PROVED;
ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH
Ii.IPROVEIIENT ; D IRECT INry THE DIRECTOR OF .PUBLIC FORKS AND
CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH
II:IPROMIENI AND A WRITTEN STATEMENT OF THE NMIES OF THE
0NNERS OF THE PROPERTY ABUT'TIN'G 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 PROPERTY AND THE OWNERS THEREOF, AND FOR
INCIDENTAL HATTERS; DECLARING THAT THIS ORDINANCE MID ALL FUR -
THER PROCEEDINGS RELATED TO SUCH Iir1PROVEi:IENTS ARE BY VIRTUE
OF ARTICLE 1105 -b; DIRECTING THE CITY CLERK TO FILE A CERTAIN
NOTICE 11ITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
11HEREAS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of North Commerce Street
from the North property line of Forrest Street to the South property line of
Williams Street, and plans and specifications for such improvement have been-pre-
pared and submitted to it; and having examined and considered said plans and
specifications, has decided to initiate the improvement of said street; 1\10111,
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 de-
termines the necessity for and orders the permanent improvement of the above
described street, to -suit: North Commerce 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 appurtenances and
incidentals to such improvements, all as provided by the plans and specifications
hereinafter referred to; said improvement to be of materials and to be constructe
in the manner provided in the plans and specifications therefor heretofore pre-
pared and submitted to the City Council by the Director of Public Works and City
Engineer and hereinafter approved and adopted.
The Cdty Council here and now approves and adopts the plans and speci-
fications therefor heretofore prepared and submitted to the City Council by the
Director of Public 1'lorks 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 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 pro-
perty, as follows, to -wit:
(a) The property abutting upon said street within the limits herein-
above 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, hereinabove ordered to be made by them), exclusive, however, of
the cost of such improvements within intersections of said street 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 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 Works 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 thereof, 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 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 pay-
able in one, two, three, four and five years respectively after said date of
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acceptance, tv'i�th interest thereon from said date of acceptance, at the rate of
Six ',(6%) perceh't 'per annum, payable annually, but said property owners shall
ha've th'e priv'ile'ge of paying any one or more of said installments before their
maturity by payment of principal and interest thereon, and such certificates as
m ay be issued 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 f urther.proceed-
ings in connection with such improvement and the construction thereof and such
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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 (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 majority of the City Council of the City of.$aytown.
INTRODUCED, READ and PASSED by a majority of t e City Council of the
City of Baytown, on this the , n day of i 1959.
,
R. H. Pruett, Hayor
ATTEST:
Edna Oliver, City Clerk
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