Ordinance No. 781ORDINANCE N0. 781
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT OAK STREET
FROM THE SOUTH LINE OF THE SOUTHE'_'N PACIFIC RAILROAD RIGHT -OF -WAY TO THE
NORTH LINE OF RIGGS STREET; q l'� STREET FROM THE EAST LINE OF CAROGIE
STREET TO THE WEST LINE OF WILLOW STREET; STOWE STREET FROM THE WEST LINE
OF OAKLAWN ADDITION TO THE WEST LINE OF YUPON STREET; BOOKERTEE STREET
FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST LINE OF YUPON STREET;
TURNER STREET FROM THE WEST LINE OF OAKWOOD ADDITION TO THE WEST LINE OF
YUPON STREET; CARVER STREET FROM THE WEST LINE OF OAKWOOD ADDITION TO THE
WEST LINE OF YUPON STREET; WILLOW STREET ON THE NORTH LINE OF OAKWOOD
ANNEX NO. 2 TO THE SOUTH LINE OF OAKWOOD ANNEX NO. 2; YUPON STREET FROM
THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY TO THE NORTH
LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT -OF -WAY; SAID STREETS DESIGNATED
AS PAVING PROJECT, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPT-
ING AND APPROVING PLANS AND SPECIFICATIONS 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 PROPERTY 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 WITH THE 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 Oak Street from the
South line of the Southern Pacific Railroad right -of -way to the North line of
Carnegie
Riggs Streei_;JJb*h%%QP Street from the East line of Street to the West line of
Willow Street; Stowe Street from the West line of Oaklawn Addition to the West
line of Yupon Street; Bbokertee Street from the West line of Oaklawn Addition to
the West line of Yupon Street; Turner Street from the West line of Oakwood Addition
to the West line of Yupon Street; Carver Street from the West line of Oakwood
Addition to the West Line of Yupon Street; Willow Street on the North line of
Oakwood Annex No. 2 to the South line of Oakwood Annex No. 2; Yupon Street from
the South line of the Southern Pacific Railroad right -of -way to the North line of
the Missouri Pacific Railroad right -of -way, 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 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 improvements of the above described
streets, to -wit: Oak Street from the South line of the Southern Pacific Railroad
right -of -way to the North line of Riggs Street; j$hfigtgnS tree t from the East line
ofd reet to the West line of Willow Street; Stowe Street from the West line
of Oaklawn Addition to the West line of Yupon Street; Bookertee Street from the
West line of Oaklawn Addition to the West line of Yupon Street; Turner Street from
the West line of Oakwood Addition to the West line of Yupon Street; Carver Street
from the West line of Oakwood Addition to the West line of Yupon Street; Willow
Street on the North line of Oakwood Annex No. 2 to the South line of Oakwood Annex
No. 2; Yupon Street from the South line of the Southern Pacific Railroad right -of-
way to the North line of the Missouri Pacific Railroad right -of -way, in the City of
Baytown, Texas, by the construction thereupon of a cement stabilized shell base,
with asphaltic concrete wearing surface and concrete curbs and gutters and appurte-
nances 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 herein-
after approved and adopted.
The City Council here and now approves and adopts the plans and speci-
fications 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 3e 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
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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 owners 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 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, 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
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 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, pur-
suant 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, MayoJV
ATTEST:
Edna Oliver, City Clerk
APPROVED:
George Challd ler, City Attorney