Ordinance No. 548f
ORDINANCE NO. 548
AN ORDINANCE DETERiIINING THE NECESSITY FOR AND ORDERING THAT
FORREST STREET, FROiI THE I %EST PROPERTY LINE OF NORTH iJAIN ST.
TO THE EAST PROPERTY LIME OF NORTH PRUETT STREET, IN THE CITY
OF BAYTOWN, TEXAS, SHALL BE I4ROVED; ADOPTING AND APnROVING
PLANS AND SPECIFICATIONS FOR SUCH I111PROVEMNT; DIRECTING THE
DIRECTOR OF PUBLIC P-'ORKS AND CITY ENGINEER TO PREPARE AN CSTI --
iKATE OF THE COST OF SUCH DIPROVEWNT AND A 1 +1RITTEN STATEi,F.IVT
OF THE NAPES 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 OI',MRS THEREOF,
AND FOR INCIDENTAL, i,,IATTERS; DECLARING THAT THIS ORDINANCE AND
ALL FURTHER PROCEEDINGS RELATED TO SUCH I�.iPROVEiIENT ARE BY VIR-
TUE OF ARTICLE 1105 -b DIRECTING THE CITY CLERK TO FILE A CER-
TAIN NOTICE WITH THE COUNTY CLERIC AND TO ADVERTISE FOR BIDS;
AND PROVIDING FOR THE EFFECTIVE DATE HEREPF.
• tHEREAS, the City Council of the City of Baytown has considered the
advisability and necessity for the permanent improvement of Forrest Street,
from the C!est property line of North i.ain Street to the East property line
of North Pruett Street, and plans and specifications for such improvement
have been prepared and submitted to it; and having examined and considered
said plans and specivications has decided to initiate the improvement of
said street; NO!'!, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOUN:
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: FORREST 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 specifica-
tions 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 Pub-
lic 14orks 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 Director of Public 11orks and City Engineer are here
and now directed, as soon as they can conveniently do so, to prepare an esti-
mate of the cost of such improvements, as provided by Article 1105 -b herein-
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after mentioned, and to prepare also a written statement which shall contain
the names of the persons, firms, corporations and estates owning property
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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 identi-
fy it.
Section 3: A part of the cost of such improvements shall be paid by
the City of Baytown and a part of the cost thereof shall be paid by the pro-
perty abutting upon said street hereby ordered to be improved, and by the own-
ers of such property, 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 cost
•
of curbs and gutters in front of their respective properties and not exceed-
ing nine - tenths (9 /10ths) of the estimated cost of the remaining such improve-
ments (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 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 pro-
perty 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 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 pro-
perty, 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 Sir
(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
payable in one, two, three, four and five years respectively, after said date
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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 inter-
est 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
thereupon when due, whether of principal or interest, the whole of such cer-
tificate 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
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 and for such
work and improvements in accordance with the plans and specifications herein-
above 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 Bay-
town.
INMODUCED, READ and PASSED by a majority of the City Council of the
City of Baytown, on this 25th day of June, 1959.
ATTEST:
44 Q
dna Oliver, City Clerk
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H. Pru tt, Hayor