Ordinance No. 920ORDINANCE NO. 920
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT SCHILLING STREET, FROM THE EAST LINE OF GARTH ROAD
TO THE EAST LINE OF NORTH PRUETT STREET, IN THE CITY OF
BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROV-
ING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; DI-
RECTING THE ENGINEER TO PREPARE AN ESTIMATE OF THE COST
OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES
OF THE OWNERS OF THE PROPERTY ABUTTING ON THE NORTH SIDE
OF SAID STREET; 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 PRO-
PERTY ON THE NORTH SIDE OF SAID STREET 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 1105b, V.A.T.S.,
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 per-
manent improvement of Schilling Street, from the East line
of Garth Road to the East line of North Pruett Street, 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 ini-
tiate the improvement of said street; 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 determines the necessity for and orders the
permanent improvement of the above described street, to -wit:
Schilling Street, from the East line of Garth Road to the
East line of North Pruett Street, in the City of Baytown,
Texas, by the construction thereupon of a stabilized base
with asphaltic concrete wearing surface, the replacement of
the existing concrete curbs and gutters on the South side
of the said street with new curbs and gutters and the ini-
tial construction of curbs and gutters on the North side
of the said street, together with other 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 therefor
heretofore prepared and submitted to the City Council by
the Engineer and herein approved and adopted.
The City Council here and now approves and adopts
the plans and specifications therefor heretofore prepared
and submitted to the City Council by the Engineer.
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 1105b,
V.A.T.S., hereinafter mentioned, and to prepare also a writ-
ten statement which shall contain the names of the persons,
firms, corporations and estates owning property abutting
upon the North side of said street 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 improve-
ments shall be paid by the City of Baytown and a part there-
of shall be paid by the property abutting upon the North
side of said street hereby ordered to be improved, and by
the owners of such property, as follows, to -wit:
(a) The property abutting upon the North side of
said street within the limits heretofore defined and the
real and true owners thereof shall pay all of the costs of
this initial construction of curbs and gutters in front of
their respective properties.
(b) The City of Baytown shall pay all of the costs
of such improvements exclusive of curbs and gutters and the
remainder of said costs of curbs and gutters after deducting
the amounts herein specified to be paid by the abutting pro-
perty on the North side of the said street and the real and
true owners thereof as set out in subparagraph (a) above.
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The amounts payable by the abutting property
on the North side of the said street and the real and
true owners thereof, shall be assessed against such pro-
perty and the real and true owners thereof, and shall
constitute a first and prior lien upon such abutting pro-
perty, 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 install-
ment to be due and payable thirty (30) days after the com-
pletion 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
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 assessments 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
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known as Article 1105b, Vernon's Annotated Texas Statutes.
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 1220a, V.A.T.S.
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 the 23rd day
of May , 1968.
LY
Seaborn Cravey, Mayor
ATTEST:
'r - 7;pia �
Edna Oliver, City Clerk,'
APPROVED AS TO FORM:
William R. Laughlig, City Attorney
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