Ordinance No. 1,530ORDINANCE NO.1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
DIRECTING BROWN AND ROOT,INCORPORATED,CONTRACTOR,TO PROCEED
WITH THE IMPROVING OF CERTAIN PORTIONS OF 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;AGREEING
UPON THE COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE
THEREOF BY SAID CITY IN ACCORDANCE WITH THE TERMS OF THE CONTRACT
BETWEEN SAID CITY AND SAID CONTRACTOR,DATED JULY 24,1973,THE
CITY OF BAYTOWN WILL PAY THE CONTRACTOR FOR THE CONSTRUCTION OF
SAID IMPROVEMENTS AND APPROPRIATE FUNDS TO COVER SUCH ADDITIONAL
COSTS NOW PROVIDED FOR BY THE TERMS OF SAID CONTRACT.
WHEREAS,the City Council of the City of Baytown,Texas,has heretofore
by Ordinance No.1414 duly enacted on June 14,1973,determined the necessity
for and ordered the improvement of Tenth Street,within the limits in said
Ordinance defined and have heretofore entered into a contract with Brown and
Root,Incorporated,hereinafter referred to as "Contractor",for the con
struction of said improvements;and
WHEREAS,by the terms of said contract it is provided that the Contractor
is not obligated to pave in front of any property which is exempt from liens for
the cost of such improvements unless the owner thereof shall satisfactorily se
cure the amount which would be assessed against the same if not exempt,and the
Contractor has reported to the City that the following parcels of land hereinafter
referred to are exempt from enforcement of such liens;and
WHEREAS,the City desires to secure to the Contractor the payment of the
amount of any paving certificate or certificates which would be issued against
such parcels of land and the owners thereof,in the event it was legally possible
to levy valid assessments against said property for the property owner's part of
the cost of such improvements,rather than have the Contractor omit the improve
ments on those portions of said street above mentioned upon which said property
abuts;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:The City Council hereby directs and instructs Brown and Root,
Incorporated,under said contract awarded by Ordinance No.1429 duly enacted on
July 12,1973,for the paving and otherwise improving of Tenth Street within
the limits defined in Ordinance above referred to,to proceed with the im
provement of those portions of said street upon which the following described
properties abut,notwithstanding the fact that said properties appear to be
exempt from liens for such improvement and notwithstanding the owners of such
properties have not secured the payment of the amounts which would be assessed
against them as the owners of such properties;said properties above referred
to being described in a certain letter dated January 2,1974,from Monteith,
Baring and Nester,Attorneys for said contractor,to the Mayor and City Council
of the City of Baytown,a true and correct copy of such letter being attached
to this ordinance as Exhibit "A"and made a part hereof for all purposes.
Section 2:Upon the completion of the work covered by said contract in
accordance with the terms thereof,the City of Baytown hereby agrees and be
comes obligated to pay to such Contractor the sum of Eleven Thousand Eight
Hundred Five and 46/100 ($11,805.46)Dollars,such amount to be paid to the
Contractor on account of the improvements to be constructed on said street in
front of said parcels of land above described,to be in addition to that portion
of the cost of such work to be paid by said City as the City's portion of the
cost of such improvements in accordance with the terms of said contract,said
payments to be made to said Contractor when it has well and truly performed
such paving contract insofar as it relates to the improvement of the above des
cribed parcels of land,abutting upon said street,in accordance with all of
the terms and provisions in the plans and specifications forming a part of such
contract.
Section 3:The City Council hereby appropriates the sum of Eleven Thousand
Eight Hundred Five and 46/100 ($11 i805M6)'Dollars -to pay 4he-additional -costs of
the improvements of said street in front of said property,over and above the
sum heretofore appropriated to pay the City's portion of the cost of said im
provements,or so much thereof as may be necessary to pay and discharge the
obligation of the City of Baytown created and evidenced by this ordinance,
which shall be construed as a contract and agreement binding mutually upon both
said City and said Contractor insofar as additional costs are involved.
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Section 4:Effective Date:That this Ordinance shall take effect from
and after the date of its passage by the affirmative vote of 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 this 10th day of January *1974.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
Attorney
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EXHIBIT "A"
I
1
.BARING AND
ATTORNEYS AT LAW
GIBRALTAR SAVINOS BUILOINO
HOUSTON.TEXAS 77OO2
TSLKPHONC a>7>l29l
MIA .CODE 713
I
A*HONTIITH (lUMHt)
AR W.HONTBITM
ARNALDO W.IARINO
CHAM.U A.HUTU
■SWARD R.DAIRD
SARNIT L.KNIOHT •-
RONALD D.NARPOLS ,'..■
January 2,19 74 '
The Honorable Mayor and City Council
City of Baytown,Harris County,Texas
Ee:Paving of 10th Street
Gentlemen:
The owners of the hereinafter described properties abutting upon the
above mentioned paving project,said project being under contract to
be undertaken by Brown &Root,Inc.,have failed and refused to se
cure the contractor in payment of the assessments against their res
pective properties.It is our opinion that these properties,due to
their homestead status,or government ownership,are exempt from
special assessment liens,and it will therefore be necessary that the
contractor omit the improvements adjacent thereto unless the City
chooses to assume the indebtedness by paying direct to the contractor
the amounts involved in each instance.The designation numbers of the
assessments,the names of the owners,descriptions of the properties,
the amounts of the assessments,the character and occupancy of the pro
perties and other pertinent information in connection with each of
said assessments,is as follows:
West 4.James D.Eastham and Phillis S.Eastham;All that certain
tract out of the William Scott Lower League,A-65,Harris
County,City of Baytown,Texas,described in deed recorded
in Volume 8313 at Page 383 of the Deed Records of Harris
County,Texas;195.2 feet on the West side of Tenth Street;
$853.02.Situated on subject property is the Holly Inn
Motel,operated by James D.Eastham and Phillis S.Eastham,
as their business homestead.
West 6.Larry Joe Enderli and Johnnie Darrow Enderli;All that cer
tain tract of land out of the William Scott Lower League,
Abstract 65,Harris County,City~of Baytown,Texas,as
described in deed recorded in Volume 7249,Page 518 of the
Deed-Records of Harris County,Texas;184.45 feet on the
West side of Tenth Street;$2,558.32.Situated on subject
property is a.Piiillips 66 Distributorship,operated by the
record owners,Larry Joe Enderli and Johnnie Darrow Enderli
as their business homestead.
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I'he Honorable Mayor and City
Council,City of Baytown,
Harris County,Texas
Page 2
January 2,1974
West 8.N.T.Thibodaux;All that certain tract of land out of the
William Scott Lower League,Abstract 65,Harris County,-
City of Baytown,Texas,described in deed recorded in
Volume 2515,Page 334 and 338 of the Deed Records,Harris
County,Texas;fronting 130.2 feet on the West side of
Tenth Street;$1,805.87.Situated on subject property is
the Blue Bonnett Hotel operated by N.T.Thibodaux as his
business homestead.
East 3.Housing Authority of the City of Baytown;All that certain
tract of land out of the William Scott Lower League,Abstract
65,Harris County,City of Baytown,Texas,described in deed
recorded in Volume 5195,Page 200 of the Deed Records of Harris
County,Texas;fronting 475 feet on the East side of Tenth
Street; $6,588.25.Situated on subject property is a home
for the aged owned by the Housing Authority of the City of
Baytown and due to such governmental ownership is exempt
from special assessments.
If it is the desire of the City to have the aforementioned streets im
proved adjacent to the above described properties,contractor desires
that the City take the necessary and formal action and immediately
authorize contractor to proceed with the improvements and provide for
the assignment of the assessment certificates to the City of Baytown
upon completion and acceptance of the improvements.In making this request
for the City to authorize contractor to proceed with improvements,we
assume no appeal or appeals have been taken from the benefit hearing on
1°said project.In the event the City does provide for such assignment to
;itself,it is to be understood and agreed that should any of the afore
mentioned property owners later pay or secure the contractor in payment
a of his respective assessment,contractor shall look to such property
I"owners for payment and not to the fund set aside by the City for that
purpose.The total of the items listed is $11,805.46.
I"Your immediate attention and instruction are respectfully requested inLorderthatthisprojectwillnotbeunnecessarilydelayed.
P Vary truly yours,
f*MONTEITH,BARING AND NESTER
R.D.Harpole
RDH/rm8
ec:Legal Department
City of Baytown