Ordinance No. 638•
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ORDINANCE N0. 638
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT WEST MAIN STREET (FORMERLY KNOWN AS GOOSE- CREEK -PELLY
ROAD), FROM THE WEST RIGHT -OF -WAX LINE OF MCKINNEY STREET
(7TH STREET), ALSO BEING THE EAST LINE OF BLOCK SEVEN (7)
OF JONES ADDITION TO THE CITY OF PE.LY (NOW BAYTOWN) TO A
POINT SIXTY -FIVE (65') FEET WESTERLY FROM THE WEST LINE OF
ALLMAN STREET (6TH STREET), IN THE CITY OF BAYTOWN, TEXAS,
SHALL BE IMPROVED; ADOPTING AND APPROVING THE PLANS AND
SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE CITY ENGI-
NEER TO PREPARE AN ESTIMATE 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 AND ASSESSED AGAINST THE
ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL
MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PRO-
CEEDINGS RELATED TO SUCH IMPROVEMENTS 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 THEREOF.
WHEREAS, the City Council of the City of Baytown has considered the
advisability and.necessity for the permanent improvement of West Main Street (for-
merly known as Goose - Creek -Pelly Road) from the West right -of -way line of McKinney
Street (7th Street), also being the East line of Block seven (7)-'of Jones Addition
to the City of Pelly (now Baytown), to a point sixty -five (65') feet Westerly from
the West line of Allman Street (6th Street), and plans and specifications for such
improvement have been prepared and submitted to it; and having examined and con-
sidered 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 determines
the necessity for and orders the permanent improvement of the above described street
to -wit: West Main Street, in the City of Baytown, Texas, by widening the existing
twenty (20') foot concrete slab street to fifty (5D') feet back to back of curb, by
using cement stabilized shell base, asphaltic concrete surfacing, curb and gutter,
and other incidentals, all as provided by the plans and specifications hereinafter
referred to; said improvements to be of materials and to be constructed in the man-
ner provided in the plans and specifications therefor prepared and submitted to the
City Council by the City Engineer and hereinafter approved and adopted.
® Section 2: The City Engineer is here and now directed, as soon as he can
conveniently do so, to prepare an estimate of the cost of such improvements, as pro-
vided by Article 1105 -b hereinafter mentioned, and to prepare also a written state-
ment which shall contain the names of the persons, firms, corporations and estates
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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 pro-
0 perty 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 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 costs 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 im-
provements (in accordance with the estimate thereof by the City Engineer,
hereinabove ordered to be made by him), 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 improve-
ment exclusive of curbs and gutters as so estimated by the 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 there-
of, 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 fol-
lows, 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 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, with interest there-
on from said date of acceptance, at the rate of six (6%) per cent 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 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 adapted and all of the further proceedings in
connection with such improvement and the construction thereof and such assessments
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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 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
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 14th day of November, 1961.
ATTEST:
Edna Oliver, City Clerk-
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