Loading...
Ordinance No. 1,329ORDINANCE NO. 1329 AN ORDINANCE CHANGING, ALTERING AND AMENDING ORDINANCE NO. 1288 HERETOFORE ENACTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON OCTOBER 26, 1972, CAPTIONED AS FOLLOWS, TO -WIT: "ORDINANCE 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 IMPROV- ED; ADOPTING AND APPROVING PLANS AND SPECIFICA- TIONS FOR SUCH IMPROVEMENTS; DIRECTING THE CON- SULTING ENGINEER TO PREPARE AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENTS AND A WRITTEN STATE- MENT 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 PROP- ERTY 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., DIRECT- ING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ", BY CHANGING, ALTERING AND AMENDING SECTION 3 OF SAID ORDI- NANCE SO THAT SAID SECTION 3 SHALL HEREAFTER BE AND READ AS HEREIN SET OUT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, it is the intention of the City Council of the City of Baytown, Texas, to change and amend Section 3 of said Ordinance No. 1288 for the purpose of changing the method and manner of paying for the costs of the improvements of Garth Road within the limits therein defined and to provide that a portion of said costs shall be paid by the City of Baytown and that the remaining portion of said costs shall be paid by the properties abutting upon said street to be im- proved and the real and true owners thereof, all directed to the suc- cessful bidder and making other changes, allas hereinafter set out: Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That Ordinance No. 1288, heretofore enacted on October 26, 1972, by the City Council of the City of Baytown, Texas, captioned as follows, to -wit: "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 THERE- OF SHALL BE PAID BY THE CITY AND A PART OF THE COSTS THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUT- TING 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. ", be, and the same is hereby, changed, altered and amended by changing and altering the provisions of Section 3 of said Ordinance so that hereafter said Section 3 shall be, and read, as follows, to -wit: "Section 3. The costs of said improvements shall be paid partly by the City of Baytown and partly by the property abutting upon said street within the limits defined and the real and true owners thereof, as follows, to -wit: (a) The properties abutting upon said street within the limits hereinabove defined, and the real and true owners thereof, shall pay for all of the costs of the concrete curbs and gutters in front of their respective properties and not more than nine - tenths (9 /10ths) of the estimated costs of the re- mainder of said improvements; provided however, that no such charge and assessment shall be in excess of the special benefits to such property and its owners in the enhanced value thereof by means of such im- provements as determined in the manner provided for by the terms of said Article 1105 -b hereinafter identified. The amounts to be so paid by, and as- sessed against, said abutting property and the own- ers thereof shall be in accordance with what is known as the Front Foot Plan or Rule, provided that if the application of this Rule, in the opinion of the City Council to be unjust or unequal, or result in in- dividual cases in an assessment in excess of the special benefits received from said improvements, then said City Council shall adopt such Rule of ap- portionment as shall effect substantial equality between said owners, considering the benefits re- ceived by and the burdens imposed upon them and their property, all as provided for by and in accordance with, the provisions and terms of said Article 1105 -b hereinafter identified. The amounts payable by the abutting properties and their true owners thereof shall be assessed against such properties and such owners, and be pay- able to the successful bidder, and shall constitute -2- 0 a first and prior lien upon such properties and a personal liability of the real and true owners thereof, and shall be payable as follows, to -wit: The costs of said improvements shall be payable by the owners of said abutting property shall be paid by them within thirty (30) days after the completion of said improvements and the acceptance thereof by the City, all in cash, or at such owners option, said costs shall be payable in six (6) equal installments due respectfully own or before thirty (30) days, one (1) , two (2) , three (3) , four (4) and five (5) years after the date of the acceptance of said improve- ments by the City, together with inter- est from the date of said acceptance un- til paid at the rate of eight per cent (8 %) per annum payable annually; provid- ed, however, that the owners of said abut- ting property shall have the privilege of paying any one of, or all of, such installments at any time before matur- ity by paying the total amount of prin- cipal due together with interest accru- ed to the date of payment; further, that if default be made in the payment of any of said installments of princi- pal or interest, promptly cas same matures, then, at the option of the contractor or his assigns, the entire amount of the as- sessments upon which such default is made shall be and become immediately due and payable, together with reasonable attor- neys` fees and collection costs, if incur- red. (b) The City of Baytown shall pay to the Contrac- tor all of the remainder of the costs of said improve- ments after deducting the amounts hereinabove specified to be paid by said abutting property and the real and true owners thereof as set out above in Sub - Section (a) hereof." Section 2. The City Clerk is hereby directed to file among the Mortgage Records of Harris County, Texas, an amended notice of the enaction of said Ordinance No. 1288 and of this Ordinance thereby re- vising the notice now filed to provide that the assessments to be levied against the properties abutting upon said street and the own- ers thereof will be payable to the Contractor for such improvements and not to the City of Baytown. Section 3. That all Sections and provisions of said Ordinance No. 1288, with the amendments made herein, are hereby ratified and confirmed and shall be and remain in full force and effect. Section 4. 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, Texas. INTRODUCED, READ AND PASSED by a majority of the City Council of the City of Baytown on this the 11th day of January, 1973. MAYOR 4 ATTEST: L C -- Edna Oliver, City Clerk APPROVED: Neel Richardson, City Attorney -4- THE STATE OF TEXAS ] ] COUNTY OF HARRIS ] P THIS IS TO CERTIFY that the above and foregoing is a true and correct copy of Ordinance No.1329 approved and adopted by the City Council of the City of Baytown, Texas, at a meeting thereof duly called and held on the 11th day of January, 1973, as the same ap- pears of record in the Minutes of said meeting, and at which meet- ing a quorum of the City Council was present and all present voted for the adoption of said Ordinance. TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF THE CITY OF BAYTOWN, on this the 12th day of January, 1973. .�� Edna Oliver, City Clerk City of Baytown, Texas -5-