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Ordinance No. 1,038ORDINANCE NO. 1038 ra 0 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT BAKER ROAD FROM THE EAST SIDE OF GARTH ROAD TO THE WEST SIDE OF NORTH MAIN STREET, IN THE CITY OF BAYTOWN, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE CITY 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 STREET; PROVIDING THAT 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 1105b, DI- RECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown has considered the advisability and necessity of the permanent im- provement of Baker Road from the East side of Garth Road to the West side of North Main Street, in the City of Baytown, 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 street; NOW, THEREFORE, BAYTOWN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: The City Council of the City of Baytown, Texas, hereby determines the necessity for and orders the per- manent improvement of the above described portion of Baker Road, in the City of Baytown, Texas, by the construction of concrete curb and gutter, or its equivalent, and appurtenances and in- cidentals to such improvement, all as provided by the plans and specifications therefore heretofore submitted to the City Council by the City Engineer and the City Council here and now approves and adopts the plans and specifications therefore heretofore pre- pared and submitted to it by the City Engineer. kd- AM Section 2: The City Engineer is here and now directed, as soon as he can conveniently do so, to furnish the Council an estimate of the cost of such improvement, as provided by Article 1105b hereinafter mentioned, and to prepare a written statement which shall contain the names of the persons, firms, corporations and estates owning property abutting upon said street herein de- termined 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: The cost of such improvement shall be paid by the property abutting upon said street hereby ordered to be improved, and the owners of such property, as follows, to -wit: (a) The property abutting upon said street within the limits hereinabove defined and the real and true owners thereof shall pay all of the costs of curb and gutter, as found necessary, 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 City Engineer, hereinabove ordered to be made by him), exclusive, however, of the cost of such improvements within intersections of said street with other streets and alleys as so esti- mated; 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 curb and gutter and nine - tenths (9 /10ths) of the estimated cost of such improvements exclusive of curb and gutter as so estimated by the City 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 sub - 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 con- stitute 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: -2- W 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 im- provement 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 the said date of acceptance, at the rate of eight (8 %) percent per annum, payable annually, but said property owners shall have the privi- lege 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 improvement 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 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. Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown, Texas. —3— "Af1hp- INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown, on this the 27th day of August, 1970. C. 41 GLEN WALKER, Mayor ATTEST E-DNA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City ttorney