Ordinance No. 680r
ORDINANCE NO. 680
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT
EAST FAYLE STREET FROM THE EAST PROPERTY LINE OF STATE HIGH-
WAY NO. 146 TO THE WEST PROPERTY LINE OF DANUBINA STREET, IN
THE CITY OF BAYTOWN, SHALL BE IMPROVED; ADOPTING AND APPROV-
ING 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 THEREOF; AND FOR INCIDENTAL
MATTERS; DECLARING THAT THIS ORDINAPE E 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 advis-
ability and necessity of the permanent improvement of East Fayle Street from the
East property line of State Highway No. 196 to the West property line of Danubina
Street, 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 por-
tion of East Fayle Street, in the City of Baytown, Texas, by the construction of
concrete curb and gutter, or its equivalent, and appurtenances and incidentals to
such improvement, all as provided by the plans and specifications therefor hereto-
fore submitted to the City Council by the City Engineer and the City Council here
and now approves and adopts the plans and specifications therefor heretofore pre-
pared and submitted to it by the City Engineer.
Section 2: The City Engineer is here and now directed, as soon as he can
conveniently do so, to furnish the Council an estimate of the cost of such improve-
ment, as provided by Article 1105 -b hereinafter mentioned, and to prepare 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 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 clear-
ly 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 improvements (in accordance with the estimate there-
of 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 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 curb and gutter and nine - tenths (9 /10ths) of the estimated cost
of such improvements exclusive of curb and gutter as so extimated 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
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 af-
ter 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, 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 such certificates as may be issued to evidence
such assessments shall provide that in the event of default in paying any install-
ment thereupon when due, whether of principal or interest, the whole of such certi-
ficate 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 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 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 : 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
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 Baytown.
INTRODUCED, READ and PASSED by a majority of the City Council of the City
of Baytown, on this the day of 1463.
Dr C. L. (Lee) Liggett, Mayor
ATTEST-
Edna Oliver, City Clerk
APPROVED:
Georg handler, City Attorney