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Ordinance No. 536E E • ORDINANCE N0. 53 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT GUEST MURRILL STREET, FROM THE SOUTH PROPERTY LINE OF WEST LOBIT STREET TO THE WEST PROPERTY LINE OF NORTH WHITING STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING THE PLANS AND SPECIFICA- TIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUB- LIC WORKS AND CITY ENGINEER TO PREPARE AN EST L ATE OF THE COST OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY 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 PROPERTY AND THE 014NERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH Iti- PROV E41ENT 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. 11HEREAS, the City Council of the City of Baytown has considered the advisability and necessity of the permanent improvement of Vest Rlurrill Street, from the South property line of West Lobit Street to the Nest property line of North Whiting Street, and plans and specifications for such improvements 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 de- termines the necessity for and orders the permanent improvement of the above described Street, to -wit: lqest Murrill Street, in the City of Baytown, Texas, by the construction thereupon of a cement stabilized shell base, with asphaltic concrete swearing surface and concrete curbs and gutters and appurtenances.and incidentals to such improvement, all as provided by the plans and specifications hereinafter referred to; said improvements to be of materials and to be construc- ted 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 Engineer and hereinafter approved and adopted. The City 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 Works and City Engineer and hereinafter approved and adopted. Section 2; The Difector of Public 111orks and City Engineer are here and notx 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 sheet 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 !'forks 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 (b) 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 -2- 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 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 proceed- ings 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 (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 Cleric 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.Baytown. INTRODUCED, READ and PASSED by a majority of the City Council of the City of Baytown, on this the 0 day of 1959. R. H. Pruett, llayor ATTEST: n Edna Oliver, City Clerk 0 -3-