Ordinance No. 654ORDINANCE NO.6�4
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT SOUTH FOURTH STREET FROM THE SOUTH RIGHT -OF -WAY LINE
OF EAST TEXAS AVENUE TO THE SOUTH LINE OF ALLEN ADDITION,
IN THE CITY OF BAYTOWN, SHALL BE IMPROVED; ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT;
DIRECTING THE CITY ENGINEER 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
THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND
ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THERE-
OF, 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 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 of the permanent improvement of South Fourth Street, from the South
right -of -way line of East Texas Avenue to the South line of Allen Addition, in the
City of Baytown, 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 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 portion
of South Fourth Street, in the City of Baytown, Texas, by the construction of con-
crete curb and gutter, or its equivalent, and appurtenances and incidentals to such
improvement, all as provided by the plans and specifications therefor heretofore sub-
mitted to the City Council by the City Engineer and the City Council here and now ap-
proves and adopts the plans and specifications therefor heretofore prepared and sub-
mitted to it by the City Engineer.
Section 2: The City Engineer is here and now directed, as soon as he can con-
veniently do so, to furnish the Council an estimate of the cost of such improvement,
as provided by Article 1105 -b hereinafter mentioned, and to prepare a written state-
ment 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, described such property
either by lot and block number or in any manner sufficient to clearly identify it.
Section 3: The cost of such improvement shall be paid by the property abut-
ting upon said Street hereby ordered to be improved, and the owners of such pro-
perty, 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 curb
and gutter, as found necessary, in front of their respective properties and not
exceeding nine - tenths (9 /10ths) of the estimated cost of the remaining such im-
provements (in accordance with the estimate thereof by the City Engineer, herein -
above ordered to be made by him), exclusive, however, of the cost of such improve-
ments within intersections of said Street with other streets and alleys as so esti-
mated; 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 curb and gutter and nine- tenths (9 /10ths) of the estimated cost of
such improvements exclusive of curb and gutter 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 abut-
ting 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
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 improvement and the acceptance thereof by the City of Bay-
town, 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 inter-
est thereon from the 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 pay-
ing any one or more of said installments before their maturity by payment of prin-
cipal 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 interest, the whole of such certifi-
cate may be matured and declared due at the option of the holder thereof.
VA
Section 4: This ordinance is adopted and all of the further proceedings in
connection with such improvement 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 Hund-
red 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, pursuant to the pro-
visions of Article 1220 -a of the Revised Civil Statutes.
The City Clerk is further directed to advertise for bids for such work and im-
provement 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 .�day of 1962.
Al Clayton, Mayor
ATTEST:
Edna Oliver, City Clerk