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Ordinance No. 997ORDIN�-',NCE NO. 997 IT ORDINANCE DETEAMINING THE NECESSITY FOR AND OR- DERING THAT WARD ROAD, F3 0M THE EAS2 LINE OF HIGH- WAY Yj, !IT TO THE WEST LINE OF KILGORE ROAD, INT TE2 C11Y 02 TAITOWN, TEXAS, SHALL BE IMPROVED; L1320ING = A??n1VTKQ PLANS AND SPECIFICATIONS FOR SUCH 1A?&3V=AVS; DITECOING THE ENGINEER TO PREPARE 02 THE COSQ GF SUCH !MPROVEMENTS AND T� Walv= STATEYENT OF TH2 NA l C. TEE OWNERS OF THE PRGPERTY ABUTTING ON SAID STNEEO; PROVIDING THAT A Pn!A A- THE COST THEREOF SH= -1 ?AID BY THE CITY AND L ?ART 02 THE COST THEREM S=1 BE PAID BY AND ASS13ED AGAINST THE 11CUTIAL PRODEnTY AND THE OWN- EY2 =OEOF, AND FOR 1NC10EX= MITTERS; DRCLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RE- LATED TO SUCH 11',IPROVZLINTS ARE BY VIRTUE OF ARTICLE 1100, V.A.T.S., DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERE AND TO AD- V=TISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, �na City Council of the City of Baytown has consilered the manent Lnpnovement way No. !Q to the snecific"tions for advisability aLd necessity of Ward Road, from the Eas West !ins of Kilgore Road, ivat imyrovemenn have been of the pex- t line of High- and plans and prepared and submittea Lo it; ani naving examin6d and considered said plans and specificaticn� kas decided to initiate tte improvement of said strnw-,.�; BAYTOWn� 2E !T ORDAINED BY THE MY COUNCIL OF THE CITY OF Section 1: The City Council of the Clty of Baytown, Tanas, nareby determines the necessity for and orders the pormaneno improvement of the above described street, to-wit, Ward Road, from the East line of Highway No. 146 to the West line of Kilgore Road, in the City of Baytown, Texas, by the construction thereupon of a stabilized base with asphaltic concrete wearing surf ace and concrete curbs and gutters and other appurtenances and incidentals to such Lmjroven nts, all as provi-, " by the plans and specifications �ereinaf�vr referred (OON 140) to; said improvements to be of materials and to be constructed in the manner provided in the plans and specifications there- for heretofore prepared and submitted td 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 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 improvements shall be paid by the City of Baytown and a part thereof shall be paid by the property abutting upon said street hereby or- dered to be improved, and by the owners of such property, as follows, to -wit: (a) The property abutting upon said street within the limits heretofore 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, -2- however, of the cost of such improvements within the inter- sections 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 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 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 and the real and true owners thereof as set out in paragraph ( 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 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 installment to be due and payable 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 %j percent per annum, payable annually, but said property owners shall have the privilege of paying any one or more of said -3- 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, whe- ther 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 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 pro- visions 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 the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this the -4- Jay o£ 19 6 9 .0. C>\ /�� \ \���� \��} Edna Oliver, City Clerk 'Am%m"' C \� ^� � z \• � /� \x ^� \ \ © }3� z / � � � Glen Walker , mayor