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Ordinance No. 1,288ORDINANCE NO. 1288 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT GARTH ROAD, FROM THE NORTH LINE OF PARK STREET TO THE SOUTH LINE OF BAKER ROAD, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; DIRECTING THE CONSULTING ENGINEER TO PREPARE AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF INTERESTS IN PROPERTY ABUTTING ON SAID STREET; PROVIDING THAT A PART OF THE COSTS THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COSTS 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, 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 permanent improvement of Garth Road from the north line of Park Street to the south line of Baker Road, and plans and specifi- cations 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, 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: Garth Road from the north line of Park Street to the south line of Baker Road, in the City of Baytown, Texas, by the construction thereupon of a stabilized base seven (Y) inches of reinforced concrete roadway and concrete curbs and gutters and 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 Consulting Engineer and herein approved and adopted. The City Council here and now approves and adopts the plans and speci- fications therefor heretofore prepared and submitted to the City Council by Busch, Hutchison and Associates. Section 2: Busch, Hutchison and Associates is here and now directed, as soon as it can conveniently do so, to prepare an estimate of the costs of such improvements, as provided by Article 1105b, V.A.T.S., hereinafter mentioned, and to prepare also a written statement which shall contain the names of the persons, firms, corporations, estates, lienholders having any interest in property abutting upon said street herein determined to be improved within the limits named, with the number of front feet owned by each or in which they have an interest, describing such property either by lot and block number or in any manner sufficient to clearly identify it. Section 3: The costs of said improvements shall be paid as follows, to -wit: (a) The entire contract price shall be paid to the successful bidder by the City of Baytown. (b) The City of Baytown shall reimburse itself for all the cost of construction of concrete curb and gutters and for not more than nine tenths (9/10) of the cost of the improvements by assessment against the respective abutting properties and the real and true owners thereof in accordance with the provisions of Article I, Section 7 of the Charter of the City of Baytown and applicable provisions of the Statutes of the State of Texas herein referred to. No assessments shall be made against any abutting property or the real and true owners thereof for costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in monthly installments to the City of Baytown, as follows: -2- When the improvements herein ordered have been completed and accepted by the City of Baytown, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in Six (6) equal annual installments, due respectively 30 days, one (1), two (2), three (3), four (4), five (5) six (6) years from the date of acceptance of such improvements by the City, together with interest on each installment from date of acceptance until paid at the rate of Eight (8%) per annum, payable annually; provided, however, that the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of principal of such installment, together with interest accrued thereon down to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Baytown, or its assigns, the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. Section 4: This ordinance is adopted and all of the further proceedings in connection with such improvements and the construction thereof and such as- sessments 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 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. -3- 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, pur- suant to the provisions of Article 1220a, V.A.T.S. Section 6: Effective Date: That this ordinance shall take effect from and after 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 26th day of October 1972. C. GLEN WALKER, Mayor` ATTEST: EDNA OLIVER, City Clerk B,�.. ELINDA BINGHAM, Deputy Cfty Clerk APPROVED: 1W NEEL RICHARD N, City Attorney NiZ -4-