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Ordinance No. 842ORDINANCE NO. 842 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT COMMERCE STREET, FROM THE SOUTH LINE OF FORREST STREET TO THE NORTH LINE OF GULF STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING 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 Commerce Street, from the South line of Forrest Street to the North line of Gulf Street, 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 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: Commerce Street, from the South line of Forrest Street to the North line of Gulf Street, 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 improve- ments, 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 hereinafter 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 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 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 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 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, payable annually, but said property owners shall have the privilege of paying 0 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 pro- visions 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 y � of Baytown, on this the 4DEE day of November, 1966. Edna Oliver, City Clerk APPROVED AS TO FORM: Geori e Chandler, City Attorney