Ordinance No. 1,734ORDINANCE NO.1734
AN ORDINANCERATIFYING AND APPROVING ORDINANCE NO.
1704,DETERMINING THE NECESSITY FOR AND ORDERING
THAT POST OAK DRIVE FROM THE WEST RIGHT OFWAY
LINE OF BAYWAY DRIVE TOTHE EAST PROPERTY LINE OF
LAKEWOOD SUBDIVISION,SECTION P,IN THE CITY OF
BAYTOWN,TEXAS,SHALL BE IMPROVED;ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT?
DIRECTING THE CONSULTING ENGINEERS TO PREPARE AN
ESTIMATE OF THE COSTS OF SUCH IMPROVEMENT AND A
WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF
INTEREST IN PROPERTYABUTTING 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,ANDFOR 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 con
sidered the advisability and necessity of the permanent improvement
of Post Oak from the West right of way line of Bayway Drive to
the East property line of Lakewood Subdivision,Section P,in the
City of Baytown,Texas,and plansand specifications for such
improvement have beenprepared and submitted to it;and having
examined and considered said plansand specifications has decided
to initiate the improvement of said street;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF BAYTOWN:
Section 1:The City Council of the City of Baytown,Texas,
hereby ratifies and approves Ordinance No.1704,determining the
necessity for and ordering the permanent improvement of the above
described street,to wit:
POST OAK DRIVE,from the West right of way line of Bayway
Drive to the East Property line of Lake-
wood Subdivision,Section P,in the City
of Baytown,Texas,
by the construction thereupon of a seven inch (7")inchthick
reinforced concretepavementwith a seven (7")inch high concrete
curb,storm sewers,and other incidentals and appurtenances to
such improvement,all as provided by the plans and specifications
hereinafter referred to;said improvement tobeof materials and
to be constructed in the manner provided in the plans and speci
fications therefor heretofore prepared and submitted to the City
Council by the Consulting Engineers and herein approved and
adopted.
The City Council here and now approves and adopts 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 and
now directed,as soon asit can conveniently do so,to prepare an
estimate of the costs of such improvement,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 tobe
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:Thecost 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 saidstreet
within the limits hereinabove defined,and the real and
true owners thereof,shall pay forall of the costs of
the concrete curbs and gutters in front of their respective
properties andnot more than nine-tenths (9/10th)of
the estimated costs of the remainder of said improvements;
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provided however,that no such charge and assessment
shall bein excess of the special benefits to such
property and its owners in the enhanced value thereof
by means of such improvement 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 assessed against,said abutting property and the
owners thereof shall be in accordance with what is
known as the Front FootPlan 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 inan assessment in excess of the
special benefits received from said improvement,then
said City Council shalladoptsuchRule of apportionment
as shall effect substantial equality between said
owners,considering the benefitsreceived by and the
burdens imposed uponthem and their property,all as
provided for byand 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 payable to the
successful bidder,and shall constitute a firstand
prior lien upon such properties and a personal liability
of the real and true owners thereof,and shall be
payable as follows,to wit:
Thecosts of said improvements shall be payable by
the owners ofsaid 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 costsshall be payable in six
(6)equal installments due respectfully on or
beforethirty (30)days,one (1),two (2),three
(3),four (4),and five (5)years after the date
of the acceptance of said improvement by the City,
together with interest from the date of said
acceptance until paid at the rate of eight (8%)
per cent per annum payable annually;provided,
however,that the owners of said abutting property
shall have the privilege of paying anyone 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 of any of 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
dueand 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 theamounts hereinabove specified to be
paid bysaid abutting property and the real and true
owners thereof as set outabove in Subsection (a)
thereof.
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Section 4:This ordinance is adopted and all of the further
proceedings in connection with such improvement and the construction
thereofand such assessments 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 streetimprovements and assessments,therefor,and
being Chapter One Hundred Six (106)of the General and Special
Lawsof said 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,pursuant 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 bythe 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 9th day of January,
1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
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