Ordinance No. 541ORDINANCE NO X$41)
AN ORDINANCE DETERilININt THE NECESSITY FOR AND ORDERING
THAT EAST WRIGHT BLVD, FR011 THE EAST PROPERTY LINE OF DAN -
UBINA STREET TO THE WEST PROPERTY LINE OF BAYOU DRIVE, IN
THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEiJENT; DI-
RECTING THE DIRECTOR. OF PUBLIC VORKS AND CITY ENGINEER TO
PREPARE AN ESTIi;]ATE OF THE COST OF SUCH IMPROVEP.ENT AND A
WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY
ABUTTING ON SAID STREETS; 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 MATTERS;
DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS
RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105 -b,
DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE VITH THE
COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown has considered the advisa-
bility and necessity of the permanent improvement of East i'Jright Blvd, from the
East property line of Danubina Street to the blest property line of Bayou Drive,
and plans and specifications for such improvement have been prepared and submitted
to it; and having examined and considered said plans and specifications has decidec
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 determines
the necessity for and orders the permanent improvement of the above described
street, to -wit: East Wright Blvd, in the City of Baytown, Texas, by the construi7°
® tion 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 improvements to be of materials and to be constructed in the manner pro-
vided in the plans and specifications therefor heretofore prepared and submitted
to the City Council by the Director of Public Works and City Engineer and herein-
after approved and adopted.
The City Council here and now approves and adopts the plans and specification,
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 Director of Public Vorks 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, an(:
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 fol-
lows, to -wit:
(a) The property abutting upon said streets 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 ac-
cordance with the estimate thereof by the Director of Public I °lorks and City Engineer,
hereinabove ordered to be made by them), exclusive, however, of the cost of such
improvements within intersections of said streets 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 there-
of exceed the total cost of curbs and gutters and nine- tenths (9 /10ths) of the esti-
mated cost of such improvements 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
above.
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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.eonstitute 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 tha 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 there-
on from said date of acceptance, at the rate of Six (6 %) Percent per annum, payable
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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 inter-
est 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 proceedings in
connection with such improvements and the construction 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 being Chap-
ter 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 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
improvement 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 13th day of May, 1959.
ATTEST:
Edna Oliver, City Clerk
R. H. Pruett, ilayor