Ordinance No. 1,704ORDINANCE NO.1704
AN ORDINANCE DETERMINING THE NECESSITY FOR AUTHORIZING THE IMPROVEMENT
OF POST OAK DRIVE FROM THE WEST RIGHT OF WAY LINE OF BAYWAY DRIVE TO
THE EAST PROPERTY LINE OF LAKEWOOD SUBDIVISION,SECTION P,IN THE
CITYOF BAYTOWN,TEXAS,AND PROVIDING THAT THE PAYMENT OF COSTS
OF SUCH IMPROVEMENT SHALL BE PAID PARTLY BY THE CITY AND PARTLY
BY ASSESSMENT,DIRECTING THE CITY CLERK TOFILE A NOTICE OF INTENT
TO ASSESS FOR STREET IMPROVEMENT WITH THE COUNTY CLERK ANDPROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,owners of fifty-four (54%)percent of the property abutting Post
Oak Drive from the West right of way line of Bayway Drive to the East property
lineof Lakewood Subdivision,Section P,in the City of Baytown,Texas,have
petitioned the City to pave said street on an assessment basis;and
WHEREAS,said property owners have agreed to pay an amount per front foot
determined by the City Council of the City of Baytown,Texas,to be the special
benefit by way of enhancement value to the property by means of the improvement;
and
WHEREAS,the City Council of the City of Baytown deems that it is to the
best interest of the City,the property owners,and prospective purchasers of
property abuttingsaid street that Notice of Intent to pave said street on an
assessment basis be filed of record;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby
determines the necessity for the improvement of Post Oak Drive from the West
right of way line of Bayway Drive tothe East property line of Lakewood Subdivision,
Section P,in the City of Baytown,Texas,consistent with plans and specifications
to be approved by the City Council of the City of Baytown.
Section 2:The costs of said improvements shall be paid partly bythe
City of Baytown and partly by the property abutting upon said streetwithin
the limits defined andthe real andtrueowners thereof,as follows,to wit:
(a)The properties abutting upon said streetwithin the limits
hereinabove defined,and the real and true owners thereof,shall
payfor 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 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
vided for by the terms of said Article 1105-b hereinafter identified.
The amounts tobeso paid by,and assessed against,said abutting pro
perty andthe owners thereof shallbe 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 tobe unjust or unequal,
or result in individual cases in an assessment in excess of the special
benefits received fromsaid improvements,then said City Council shall
adopt such Rule of apportionment as shall effect substantial equality
between said owners,considering the benefits received byand the
burdens imposed upon them and their property,all as provided for by
and in accordance with,the provisions andterms 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 uponsuch properties and a personal liability of the real
and true ownersthereof,and shallbe 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 andthe acceptance thereof by the
City,all in cash,or atsuch owners option,said costs shall be payable
in six (6)equal installments due respectfully onor before thirty
(30)days,one (1),two (2),three (3),four (4)and five (5)years
after the date of the acceptanceof said improvements by the City,
togetherwithinterest from the date of said acceptance until paid
at the rate of eight per cent (8%)per annum payable annually,provided,
however,that the owners of said abuttingproperty 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 accrued to the date of payment;further that if default be
made in the payment ofanyof said installments of principal or interest,
promptly as same matures,then,at the 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 incurred.
(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 to be paid by said abutting property and the real and true owners
thereof as set out above in Sub-Section (a)hereof.
Section 3:This ordinance is adopted and all of the further proceedings
in connection withsuch improvements andthe 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 ofsaid
Session,as amended,said Act being commonly known as Article 1105b,Vernon's
Annotated Texas Statutes.
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Section 4: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 5:Effective Date:That this ordinance shall take effect
from and after its passage by the City Council of the City ofBaytown.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the Cityof Baytown,on this the 24th day of October ,19 74.
TOM GENTRY,Mayor
ATTEST:
BELINDA BINGHAM,Deput^eTty Clerk
APPROVED:
NEEL
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