Ordinance No. 557L
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ORDINANCE NO. '' S
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT LIVE OAK AVENUE, FROM THE EAST PROPERTY LINE OF PRUEIT
STREET TO THE 11EST PROPERTY LINE OF NORTH COMERCE, IN THE
CITY OF ,BAYTOWN. TEXAS, SHALL BE IWPROVED; ADOPTING AND AP-
PROVING PLANS AND SPECIFICATIONS FOR SUCH I11sROVEi5ENT; DI-
RECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO
PREPARE AN ESTIMATE OF THE COST OF SUCH UPROVEPENT AND A
WRITTEN STATENEW OF THE NAPLES OF THE Oral. RS OF THE PROPER-
TY ABUTTING ON SAID AVENUE; 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 ABUT-
TING PROPERTY AND THE OTINERS THEREOF, AND FOR INCIDENTAL
MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PRO-
CEEDINGS RELATED TO SUCH IWROVEMMS ARE BY VIRTUE OF
ARTICLE 1105 -b, DIRECTING THE CITY CLERK TO FILE A CERTAIN
NOTICE [1ITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
T'JEEREAS, the City Council of the City of Baytown has considered the
advisability and necessity for the permanent improvement of Live Oak Avenue,
from the East property line of Pruett Street to the nest property line of North
Commerce Street, and plans and specifications for such improvement have been
prepared and submitted to it; and having examined and considered said plans
and specifications has decided to initiate the improvement of said Avenue;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOi'.W:
Section 1: The City Council of the City of Baytown, Texas, hereby deter-
mines the necessity for and orders the permanent improvement of the above de-
scribed Avenue, to -wit: Live Oak Avenue, in the City of Baytown, Texas, by the
construction thereupon of a cement stabilized shell base course, asphaltic wear-
ing surface, and the building of curbs and gutters on either side of such pave-
ment as found necessary, 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 constructed in the manner provided in
the Plans and Specifications therefor heretofore prepared and submitted to the
City Council by the Director of Public !forks and City Engineer and hereinafter
approved and adopted.
The City Council here and now approves and adopts the plans and spectn-
cations therefor heretofore prepared and submitted to the City Council by the
Director of Public Works and City Engineer and hereinafter approved and adopted.
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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 Avenue 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 improvement shall be paid by the
City of Baytown and a part thereof shall be paid by the property abutting upon
said avenue hereby ordered to be improved, and by the owners of such property,
.as follows, to -wit:
Jai) The property abutting upon said avenue within the limits hereinabove
defined and the real and true owners thereof shall pay all of the costs of curbs
and gutters,.as found necessary, 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
11orks and City Engineer, hereinabove ordered to be.made by them), exclusive,
however, of the cost of such improvements within intersections of said avenue
with other streets and alleys as so estimated; provided, however, that in no
event shall the cost of said improvement to be paid by the abutting property anu
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 Engi-
neer,
(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 owner:
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 prope-rt;.
and a personal liability of the real and true owner thereof, and shall be payat,
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 improvement and the acceptance thereof by the City
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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 thereon from the 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 lush 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 improvement and the construction thereof and such assess
ments shall be pursuant to the powers given by and in accordance with the pro-
visions 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 devised 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 Bay-
town.
INTRODUCED, READ and PASSED by a majority of the City Council of the
City of Baytown, on this _day of 1959.
is ATTEST:
Edna Oliver, City Clerk
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