Ordinance No. 551• •
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ORDINANCE NO. 551 k
AN ORDINANCE DETERMINING THE N,?CESSITY FOR AND ORDERING
THAT CARNEGIE STREET, FROM THE SOUTH PROPERTY LINE OF
LINDBERG STREET TO THE NORTH RIGHT OF WAY LINE OF THE
SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY, IN THE CITY OF
BAYTOWN, TEXAS, SHALL BE IrJPROVED; ADOPTIII'G AND APPROV-
ING PLANS AND SPECIFICATIONS FOR SUCH Ii:,iPROVEA'ENT; DIR-
ECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO
PREPARE AN ESTIf,.IATE OF THE COST OF SUCH IAIPROVEAENT AND
A WRI'1TEN STATEtIENT OF THE NA�,ES 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 PROPERTY AND THE 014WRS THEREOF, AND FOR INCIDEN-
TAL ?,NATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER
PROCEEDIII'GS RELATED TO SUCH IA1PROVEI,ENT 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.
WHEREAS, the City Council of the City of Baytown has considered the
advisability and necessity for the permanent improvement
from the South property line of Lindberg Street to the N
of the Southern Pacific Railroad right -of -way, and plans
such improvement have been prepared and submitted to A ;
and considered said plans and specifications has decided
provement of said street; NOW, THEREFORE,
of Carnegie Street,
Drth right -of -way line
and specifications for
and having examined
to initiate the im-
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOVN:
46 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: CARNEGIE 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 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.
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 11orks 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 men-
tioned, 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 unproved 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 of the cost 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
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 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 i'lorks and City Engineer, here•
inabove ordered to be made by them), exclusive, however, of the cost of such im-
provements 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 improvement 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 esti-
mated by the Director of Public t'lorks and City Engineer.
(b) The City of Baytown shall pay all of the remainder of said cost of
said improvement 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 -para-
graph (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 pay-
• able as follows, to -wit:
The said amounts payable.:by the property owners shall be paid in Six (6)
equal installmenta, one installment to be due and payable in Thirty (30) days
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•
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after the completion of said improvement 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 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 in-
terest, the whole of such certificate may be matured and declared due at the op- .
tion of the holder thereof.
Section 9: 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 90th Legislature of the State of Texas, 1927, First
Called Session, relating to street improvements and assessments therefor, and be-
ing 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 S: The City Clerk is hereby directed to file a notice of the
Adoption of this ordinance with the County Clerk of Harris County, Texas, pursu-
ant 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 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.
IWRODUCED, READ and PASSED by a majority of the City Council of the City
of Baytown, on this the 9th day of July, 1959.
ATTEST:
n
Edna Oliver, City Clerk
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t
. H. Pruet i.iayor