Ordinance No. 810A . ,
ORDINANCE NO. 810
AN ORDINANCE DETERMINING Ti'E NECESSITY FOR AND ORDERING THAT DANIEL
STREET, FROM THE WEST LINE OF OAK400D ADDITION TO THE EAST LINE OF OAK -
WOOD ADDITION; AND, WYE STREET, FROM THE WEST PROPERTY LINE OF NORTH
MAIN STREET 1042.68' TO THE WEST PROPERTY LINE OF THE Y.M.C.A. TRACT OF
LAND, IN THE CITY OF BAYTOWN, TEXAS, SMALL BE IMPROVED; ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH 1XPROVEMENTS; DIRECTING THE
ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A
WRITTEN STATEMENT OF THE NAMES OF THE OTNNERS 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 Daniel Street, from the
West line of Oakwood Addition to the East line of Oakwood Addition; and, Wye
Street, from the West property line of North Main Street 1042.68' to the West
property line of the Y.M.C.A. tract of land, 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 improvement of the above described
streets, to -wit: Daniel Street, from the nest line of Oakwood Addition to the East
line of Oakwood Addition; and, UTye Street, from the West property line of North
Main Street 1042.68' to the West property line of the Y.M.C.A. tract of land, 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 appurtenances and incidentals to such improvements, all as provided by the plans
and specifications hereinafter referred to; said improvements to be of materials
and to be constructed in the manner provided in the plans and specifications there-
for heretofore prepared and submitted to the City Council by the Engineer and here-
inafter 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 uponsaid 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 hereinabove
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 bim),
exclusive, however, of the cost of such improvements within intersections 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 improvements 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 ownzers
thereof, shall be assessed against such property and the real and true owners there-
of, and shall constitute a fir st 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
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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 said date of acceptance, at the rate of Six (6 %) percent per annum, pay-
able 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 -
men a 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 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 irmprovemr:ents in accordance with the plans and specifications here ?_nabove
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 25th day of August, 1966.
ATTEST: Seaborn Cravey, Mayor
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rte' 64-'. --`' -
Edna Oliver, City Clerk
APPROVED AS TO FORM:
George Chandl r, City Attorney