Ordinance No. 1,414ORDINANCE NO.1414
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT TENTH
STREET,FROM THE NORTH RIGHT OF WAY LINE OF FAYLE STREET TO THE SOUTH
RIGHT OF WAY LINE OF WARD ROAD,IN THE CITY OF BAYTOWN,TEXAS,SHALL
BE IMPROVED;ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH
IMPROVEMENTS;DIRECTING THE CONSULTING ENGINEERTO 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;PRO
VIDING 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 THECOUNTY CLERK AND TO
ADVERTISE FOR BIDS;AND PROVIDING FOR THEEFFECTIVE DATE HEREOF.
WHEREAS,the City Council of the City of Baytown has considered the advis
ability and necessity of the permanent improvement of Tenth Street from the
north right of way line of Fayle Street to the south right of way line of Ward
Road,and plans and specifications for such improvement havebeen 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 OFBAYTOWN:
Section 1:The City Council of the City of Baytown,Texas,hereby determines
the necessity for andorders the permanent improvement of the above described
street;to-wit:Tenth Street from the north right ofway line of Fayle Street
to the south right of way line of Ward Road,in the City of Baytown,Texas,by
the construction thereupon of a stabilized base seven (7")inches ofreinforced
concrete pavement,concrete curb,storm sewers,and other incidentals and ap
purtenances to such improvements,all as provided by the plans and specifications
hereinafter referred to;said improvements to be of materials and to be con
structed 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 andadopts the plans and specifications
therefor heretofore prepared and submitted to the City Council by Busch,Hutchison
&Associates,Inc.
Section 2:Busch,Hutchison,&Associates,Inc.is here andnow 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 improvedwithin the limits named,
with the number of front feet owned by each or in which they have an interest,
describing such property either bylot and block number or in any manner sufficient
to clearly identify it.
Section 3:The costs of saidimprovements shall be paid partly by the
City of Baytown and partly by the propertyabutting upon said street within the
limits defined andthe real and true owners thereof,as follows,to-wit:
(a)The propertiesabutting uponsaid 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 respectiveproperties and not more than nine-tenths (9/10ths)
of the estimated costs of the remainder 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 improvements as determined in the manner pro
videdfor by the terms ofsaid Article 1105-b hereinafter identified.
The amounts to beso paid by,and assessed against,said abutting pro
perty and the owners 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 opinon of the City Council tobe unjust or unequal,or
result in individual cases inan assessment in excess of the specialbenefitsreceivedfromsaidimprovements,then saidCity Council shalladoptsuchRuleofapportionmentasshalleffectsubstantialequality
between said owners,considering the benefits received by and theburdensimposeduponthemandtheirproperty,all as provided for byandinaccordancewith,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 payable to the successful bidder,and shall constitute 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 shallbe payable by the
owners of saidabutting 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 beforethirty (30)days,one (1),two (2),three {3),
four (4)and five (5)years after the dateof the acceptance
of said improvements by the City,together with interest
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from the date of said acceptance until paid atthe rate of
eight percent (8%)per annum payable annually;provided,
however,that the owners of said abutting property shall
have the privilege of paying any one of,or all of,such
installments at any time before maturity by paying the
total amount of principal due together with interest ac
crued 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 as same matures,then,atthe
option of the contractor or his assigns,the entire amount
of the assessments upon which such default is made shall
be and become immediately due and payable,together with
reasonable attorneys'fees and collection costs,if incur
red.
(b)The City of Baytown shall pay to the Contractor all of the remainder
of the costs of said improvements after deducting the amounts hereinabove
specified tobe paid by said abuttingproperty andthe real and trueowners
thereof as set out above in Sub-Section (a)hereof.
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 shallbe pursuant to the powers given by and in accordancewith the pro
visions of the Acts of the 40th Legislature of the State ofTexas,1927,First
Called Session,relating to street improvementsand assessments,therefor,and
being Chapter One Hundred Six (106)of the General and Special Laws ofsaid 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,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 14th day of June ,1973.
TOM GENTRY,Mayof
ATTEST:
tDNA OLIVER.Citv ClerkOLIVER,Citytterk
APPROVED:
/fa/NEEL RICHARDSON,City Attorney
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