Ordinance No. 937ORDINANCE NO. 937
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING THAT SOUTH MAIN STREET, FROM THE SOUTH
LINE OF LOT SEVEN (7), BLOCK ONE (1), HARPER
ADDITION, SECTION ONE (1), A SUBDIVISION OF
BAYTOWN, HARRIS COUNTY, TEXAS, TO THE NORTH
LINE OF STATE HIGHWAY NO. 146, IN THE CITY OF
BAYTOWN, TEXAS, SHALL BE EXTENDED AND IMPROVED;
ADOPTING AND APPROVING PLANS AND SPECIFICATIONS
FOR SUCH IMPROVEMENTS; DIRECTING THE ENGINEER
TO PREPARE AN ESTIMATE OF THE COST OF SUCH IM-
PROVEMENT AND A WRITTEN STATEMENT OF THE NAMES
OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID
STREET; PROVIDING THAT A PART OF THE COST THERE-
OF SHALL BE PAID BY THE CITY AND A PART OF THE
COST THEREOF SHALL BE PAID BY AND ASSESSED A-
GAINST 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 1105b DIRECTING THE CITY CLERK TO FILE
A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO
ADVERTISE FOR BIDS; AND PROVIDING FOR THE EF-
FECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Bay-
town has considered the advisability and necessity of the
extension and permanent improvement of South Main Street,
from the South line of Lot Seven ( 7) , Block One (1) ,
Harper Addition, Section One (1), a subdivision of Bay-
town, Harris County, Texas, to the North line of 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 specifi-
cations has decided to initiate the improvement of said
street; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN:
Section l: The City Council of the City of
Baytown, Texas, hereby determines the necessity for and
orders the extension and permanent improvement of the
above described street, to -wit: South Main Street, from
the South line of Lot Seven (7), Block One (1), Harper
Addition, Section One (1), a subdivision of Baytown,
Harris County, Texas, to the North line of State Highway
No. 146, in the City of Baytown, Texas, by the construction
thereupon of a cement stabilized shell base, with asphal-
tic concrete wearing surface and concrete curbs and gut-
ters and appurtenances and incidentals to such improve-
ments, all as provided by the plans and specifications
hereinafter referred to; said improvement to be of ma-
terials and to be constructed in the manner provided in
the plans and specifications therefor heretofore pre-
pared 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 specifications therefor heretofore
prepared and submitted to the City Council by the En-
gineer and hereinafter approved and adopted.
Section 2: The Engineer is here and now di-
rected, as soon as he can conveniently do so, to pre-
pare an estimate of the cost of such improvements, as
provided by Article 1105b hereinafter mentioned, and
to prepare also a written statement which shall con-
tain the names of the persons, firms, corporations and
estates owning property abutting upon said street herein
determined to be extended and 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 im-
provements shall be paid by the City of Baytown and a
part thereof shall be paid by the property abutting upon
said street hereby ordered to be improved, and by the
owners of such property, as follows, to -wit:
(a) The property abutting upon said street
within the limits herein defined and the real and true
owners thereof shall pay all of the costs of curbs and
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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 es-
timate thereof by the Engineer, hereinabove ordered to
be made by him), exclusive, however, of the cost of such
improvements within the intersections of said street
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 es-
timated 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 de-
ducting 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 install-
ment 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
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the rate of Six (60) 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 im-
provements 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 1105b, 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 1220a of the Revised Civil
Statutes.
The City Clerk is further directed to adver-
tise 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.
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INTRODUCED, READ and PASSED by a majority of
the City Council of the City of Baytown, on this the
day of 1968.
�' �o
e orn Cravey, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM:
William R. Laughlin, Ctity Attorney
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