Ordinance No. 895r
A
ORDINANCE NO. 895
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT ALL OF
WARD ROAD BETWEEN NORTH MAIN STREET AND STATE HIGHWAY NO. 146; SAID
STREET DESIGNATED AS PAVING PROJECT, 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 IMPROVEII`ZNT AND A WRITTEN STATEMENT OF THE NAMES OF
THE OWNERS OF THE PROPERTY ABUTTING 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 EFFECTIW DATE HEREOF.
WHEREAS, the City Council of the City of Baytown has considered the
advisability and necessity of the permanent improvement of all of Ward Road
between North Main Street and State Highway No. 146, 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 improve-
meet 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
street, to -wit: all of Ward 'Road between North Main Street and State Highway No.
146, 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 improvement to be of
materials and to be constructed in the manner provided in the plans and specifica-
tions 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 specifica-
tions 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 dearly
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 /10ths) 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 /10ths) 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 percent (6%) per
annum,_payable annually, but said property owners shall have the privilege of paying
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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, 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 `h day of �;' 1967.
ATTES
i
Edna Oliver, City Clerk
APPROVED:
George Chandler, City Attorney
Seaborn Cravey, May