Ordinance No. 850ORDINANCE NO. 850
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT NORTH
MAIN STREET, FROM THE NORTH PROPERTY LINE OF MORRE LL AVENUE NORTHERLY
TO THE SOUTH PROPERTY LINE OF BAKER ROAD EXTENDED EASTERLY, 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; PRO-
VIDING 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 North Main Street, from
the North property line of Morrell Avenue Northerly to the South property line of
Baker Road extended Easterly, 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, TEXAS:
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
street, to -wit: North Main Street, from the North property line of Morrell Avenue
Northerly to the South property line of Baker Road extended Easterly, 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 approved 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 con-
veniently 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 per-
sonal 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
—2—
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 certificates 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 12th day of January, 1967.
Seaborn Cravey, Mayo ,
ATTEST:
J CO—
tuna Oliver, City Clerk
APPROVED AS TO FORM:
George Chandler, City Attorney