Ordinance No. 779ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT ALABAMA
STREET, FROM END TO END, TO -WIT: FROM THE NORTH PROPERTY LINE OF MISSOURI
STREET TO THE SOUTH PROPERTY LINE OF DURAIN -FERRY ROAD, IN THE CITY OF
BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECI-
FICATIONS FOR SUCH IMPROVEMENTS; DIRECTING THE 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 STREETS; 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 PROP-
ERTY AND THE OWNERS THEREOF, 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 WITHTIE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of Alabama Street, from
end to end, to -wit: from the North property line of Missouri Street to the South
property line of Durain -Ferry Road, and plans and specifications for such improve-
ments have been prepared and submitted to it; and having examined and considered
said plans and specifications has decided to initiate the improvement of said
streets; 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 deter-
mines the necessity for and orders the permanent improvement of the above described
streets, to -wit: from the North property line of Missouri Street to the South
property line of Durain -Ferry Road, in the City of Baytown, Texas, by the con-
struction thereupon of a cement stabilized shell base, with asphaltic concrete
wearing surface and concrete curbs and gutters and appurtenances and incidentals
to such improvements, all as provided by the plans and specifications ''hereinafter
referred to; said improvement 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 Engineer and hereinafter approved and adopted.
The City Council here and now approves and adopts the plans and specifi-
cations therefor heretofore prepared and submitted to the City Council by the
Engineer and hereinafter approved and adopted.
Section 2: The 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
provided by Article 1105 -b hereinafter mentioned, and to prepare also a written
statement which shall contain the names of the persons, firms, corporations and
estates owning property abutting upon said streets 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 improvements shall be paid by
the City of Baytown and a part thereof shall be paid by the property abutting upon
said streets hereby ordered to be improved, and by the owners of such property, as
follows, to -wit:
(a) The property abutting upon said streets within the limits herein-
above 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 exceeding nine -
tenths (9/10) of the estimated cost of the remaining such improvements ( in
accordance with the estimate thereof by the Engineer, hereinabove ordered to be
made by him), exclusive, however, of the cost of such improvements within inter-
sections of said streets 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 (9/10) of the estimated cost of such improve-
ments exclusive of curbs and gutters as so estimated by the 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 subparagraph
(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 (b)
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 manner to be due and payable in one, two, three,
9
four and five years respectively after said date of acceptance, with interest
thereon from 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 assess-
ments shall provide that in the event of default in paying any installment there-
upon 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 improvements and the construction thereof and such assess-
ments 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
adoption 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 24th day of February, 1966.
Seaborn Cravey, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
eorge I andler, City Attorney