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Ordinance No. 721ORDINANCE N0. 721 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT HUMBLE STREET FROM THE EAST SIDE OF FOURTH STREET TO THE WEST SIDE OF SEVENTH STREET, IN THE CITY OF BAY - TOWN, 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; PROVID- ING 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 PROCEEDINGS RELATED TO SUCH IM- PROVEMENTS 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 Humble Street from the East side of Fourth Street to the West side of Seventh 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 portion of Humble 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 heretofore 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 prepared and submitted 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, describing 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 abutting upon said street hereby ordered to be improved, and the owners of such property, as fol- lows, 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 res- pective 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 City Engineer, hereinabove 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 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 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 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 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 payable as follows, to -wit: The said amounts payable by the property owners shall be paid in Six (6) equal in- stallments, 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 Baytown, and another in- stallment 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 pay- ing 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 con- nection 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 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 provi- sions of Article 1220 -a of the Revised Civil Statutes. The City Clerk is further directed to advertise for bids for such work and improve- ment in accordance with the plans and specifications hereinabove adopted and approved. Effective Date: 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 Bay- town, on this the _j day of April, 1964. C. L. Li & tt, Mayor ATTEST: r' Edna Oliver, City Clerk APPROVED: Geor,. Chandler, City Attorney