Ordinance No. 1,736ORDINANCE NO.1736
AN ORDINANCE DETERMINING THE NECESSITY FORAND
ORDERING THAT CURBS,GUTTERS,ANDOTHER APPURTENANCES
ON PORTIONS OF SPUR 330 FROM LOOP 201 TO GARTH
ROAD,A DISTANCE OF APPROXIMATELY .8 MILES IN THE
CITY OF BAYTOWN,HARRIS COUNTY,TEXAS,BE CONSTRUCTED;
ADOPTING AND APPROVING PLANS AND SPECIFICATIONS
FOR SUCH IMPROVEMENT;DIRECTING THE CITY ENGINEER
TO PREPARE AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENT
AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS
OF INTEREST IN PROPERTY ABUTTING ONSAID SPUR;
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 ANDTHE OWNERS THEREOF,ANDFOR INCIDENTAL
MATTERS;DECLARING THAT THIS ORDINANCE ANDALL
FURTHER PROCEEDINGS RELATED TOSUCH IMPROVEMENT
ARE BY VIRTUE OF ARTICLE 1105b,V.A.T.S.,DIRECTING
THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE
COUNTY CLERK AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS,the City Council of the City of Baytown has considered
the advisability and necessity of the permanent improvement of
Spur 330 from Loop 201 to Garth Road,a distance of approximately
.8 miles;and
WHEREAS,the City of Baytown requested that the Texas State
Highway Department make such extension of Spur 330;and
WHEREAS,pursuant to said request the State Highway Commission
proposed to construct the said Spur 330,provided that the City
of Baytown would,amongother things,provide for the construction
of curbs and gutters,where none now exist,storm sewers,and
driveways and sidewalks,as may be required;and
WHEREAS,the City of Baytown and the State Highway Commission
entered into a contract providing that the city's share of the
cost of Spur 330 for said curbs,gutters,storm sewers,driveways,
sidewalks,etc.would be Ninety-Five Thousand One Hundred Thirty-
Four and No/100 ($95,134.00)Dollars;andaccordingly,the City
has paid to the State Highway Department the sum of Ninety-Five
Thousand One Hundred Thirty-Four and No/100 ($95,134.00)Dollars;
and
WHEREAS,the plans and specifications for the improvement of
Spur 330,including the city's portion have been prepared by the
Texas State Highway Department Engineers andsubmitted to the
City Council of the City of Baytown;and
WHEREAS,the City Council of the City of Baytown having
examined and considered said plansand specifications has decided
to initiate its portion ofthe improvement of saidSpur 330;NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:The City Council of the City ofBaytown,Texas,
hereby determines the necessity for and orders its portion of the
permanent improvement of the above described Spur;to wit:
SPUR 330 from Loop 201 to Garth Road,a distance of
approximately .8 miles in the City of Baytown,
Harris County,Texas,
by the construction upon portions thereof of a six (6")inch mon
olithic curb upon an eight (8")inch concrete pavement and a six
(6")inch stabilized base and other incidentals and appurtenances
to such improvement,all as provided by the plansand specifications
hereinafter referred to;said improvement to be of materials and
tobe constructed in the manner provided in the plans and specifi
cations therefor theretofore prepared and submitted to the City
Council by the State of TexasState Highway Department Engineers
and herein approved and adopted.
The City Council here and now approves and adopts the plans
and specifications,particularly those portions of the plans and
specifications pertaining tothe matters that the City of Baytown
has contractually agreed to provide,heretofore prepared and sub
mitted to the City Council by the State of TexasState Highway
Department Engineers.
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Section 2:The City Engineer 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.,
hereinfter 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 improved within the
limitsnamed,with the number of front feet owned by each or in
which theyhave an interest,describing such property either by
lot and block number or in any manner sufficient to clearly
identify it.
Section 3:The costs of said improvement shall be paid
partly by the City of Baytown and partly by the property abutting
upon said street within the limits defined andthe real and true
owners thereof,as follows,towit:
(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 theirrespective properties andnot more
than nine-tenths (9/10th)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 improvement as determined
in the manner provided for by theterms of said
Article 1105-b hereinafter identified.Theamounts
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 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 individual
cases in an assessment in excess of the special
benefits received from said improvement,then said
City Council shall adopt such Rule of apportionment
as shall effect substantial equality between said
owners,considering the benefits received 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.
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The amountspayable by the abuttingproperties
and their true owners thereof shall be assessed against
such properties and such owners,and be payable to the
City of Baytown 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 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 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 samematures,then,at
the option of the contractor or his assigns,the
entireamount 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.
Section 4:This ordinance is adopted and all of the
further proceedings in connection with such improvement and
the construction thereof and 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 street
improvements and assessments,therefor,and being Chapter
One Hundred Six (106)of the General and Special Laws of
saidSession,as amended,said Act being commonly known as
Article 1105b,Vernon's Annotated Texas Statutes.
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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 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 this 9th day of
January,1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL IICHARDSO
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