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Ordinance No. 1,760ORDINANCE NO.1760 AN ORDINANCE DETERMINING THE NECESSITYFOR AND ORDERING THAT WEST TEXAS AVENUE FROM THE WEST RIGHT OF WAY LINE OF THOMASCIRCLE TOTHEEAST RIGHT OF WAY LINE OF AIRHART DRIVE,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 PROPERTY ABUTTING 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,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 THECITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDINGFOR THE EFFECTIVE DATE HEREOF. WHEREAS,the City Council of the City of Baytown has considered the advisability and necessity of the permanent improvement of West Texas Avenue from the West right of way line of Thomas Circle to the East right of way line of Airhart Drive,in the City of Baytown,Texas,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 OF BAYTOWN: Section 1:The City Council of the City of Baytown, Texas,hereby determines the necessity for and orders the permanent improvement of the above described street,to wit: WEST TEXAS AVENUE,from the West right of way line of ThomasCircle to the East right of way line of Airhart Drive, by the construction thereupon of the following improvements: (a)From the East right of way line of ThomasCircle to a point 644 feet West of the East right of way line of Thomas Circle,the existing concrete pavement which is approximately 50 feet wide shallbe resurfaced with a two inch thick asphaltic concrete pavement; (b)From a point 644 feet West of the West right of way line of Thomas Circle to the East bank of Goose Creek Stream,from the West bank of Goose Creek Stream to the East right of way line of State Highway Spur No. 201,and from the West right of way line of State Highway Spur No.201to the East right of way line of Airhart Drive,7 inch concrete curbs and 7 inch re inforced concrete pavement,39 feet wide (measured back to back of curb)shall be constructed; (c)A reinforced concrete bridge shall be constructed to span Goose Creek Stream; and other incidentals and appurtenances to such improvement, all as provided by the plans and specifications hereinafter referred to;said improvement to be of materials and to be constructed in the manner provided in the plans and specifications 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 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 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 -2- 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:The cost of said improvements shall be paid partly by the City of Baytown and partly by the property abutting upon said street within thelimits defined and the real and true owners thereof,as follows,to wit: (a)The properties abutting upon said street within the limits hereinabove defined,and the realand true owners thereof,shall pay for all of the costs of the concrete curbs and gutters in front of their re spective 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 en hanced value thereof by means of such improvement as determined in the manner provided for by the terms of said Article 1105b 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 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 benefitsreceived 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 byand the burdens imposed upon them and their property,all as provided for by and in accordance with,the provisions and terms of said Article 1105b hereinafter identified. The amountspayable 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 thereal and true owners thereof,andshall 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,saidcostsshall 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 -3- 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 anytime 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 successful bidder or his assigns, the entireamount 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 outabove in Subsection (a) thereof. 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 theState 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 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.,and to advertise for bids. Section 6:Effective Date:That this ordinance shall take effect from and after its passage by the City Council of the City of Baytown. -4- INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown this 13th day of March, 1975. ATTEST: TOM GENTRY,MayorV EDNA OLIVER,City Clerk APPROVED: NEEL ,CityAttorney -5- THE STATE OF TEXAS.§ CERTIFICATE FOR ORDINANCE COUNTIES OF HARRIS AND CHAMBERS § We,the undersigned officers of the City of Baytown,Texas (the "City"),do hereby certify as follows: 1.That we are the duly chosen,qualified and acting officers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified. 2.That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of the City Council of the City (the "City Council")which is a true, full and complete excerpt of all proceedings from the minutes of the City Council pertaining to the adoption of the ordinance described therein;and that the persons named in such excerpt as the officers and members of the City Council oras officers j^of the City are the duly chosen,qualified and acting officers and members as indicated therein. 3-That a true and complete copy of the ordinance (the "Ordinance"),as adopted at the meeting described in such excerpt from the minutes,is attached to and follows such excerpt. |J.That the Ordinance has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves,the Ordinance;that the Mayor andtheCity Clerk of the City haveduly signed and attested the Ordinance and each,respectively,hereby declares that the signing of this certificate shall also constitute the signing of the •Ordinance for all purposes;andthatthe Ordinance,as signed, has been duly recorded in the minutes of the City Council for such meeting. 5-That each of the officers and members of the City jpk Council was duly and sufficientlynotified officially andper sonally,in advance,of the date,hour,place and subject of such meeting of the City Council,and thatthe Ordinance would be introduced and considered for passage at such meeting,,and each of such officers and members consented,in advance,to the holding of.such meeting to consider and act upon such subject.. 6.That written notice of the date,hour,place and sub ject of the meeting of the City Council described in the excerpt from the minutes was posted on a bulletin board located at a place convenient to the public in the City Hall of the City; and that such meeting was open to the public as required by law at all times during which the Ordinance and the subject matter thereof were discussed,considered and formally acted upon,all as required by the Open Meetings Act,Article 6252-17,Vernon's TexasCivil Statutes,as amended. City Clerk Mayor (SEAL) /^v ^THE STATE OF TEXAS § COUNTIES OF HARRIS §. AND CHAMBERS § The City Council of the City of Baytown,Texas,convened in regular meeting,open to the public,on the 13th day of March,1975,at the City Hall,andthe roll was called of the duly constituted officers and members of the City Council of the City,to-wit: TomGentry Mayor Charles Pool Councilman Henry Dittman Councilman Fred Bednarski Councilman Tom Walmsley Councilman Jody Lander Councilman Mary E.Wilbanks Councilwoman and all of said persons were present,except the following ab sentees:None , thus constituting a quorum.Whereupon,among other business, the following was transacted at said meeting:a written ordi nance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $750,000 WATERWORKS AND SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BONDS,SERIES 1975;APPROPRIATING $750,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance")was duly introduced for the consideration of theCity Council and reviewed in full.It was then duly moved andseconded that the Ordinance be passed;and,after due discussion,the motion,carrying with it the passage of the Ordinance,prevailed and carried by the following vote: AYES:All members of the City Council shown present above voted "Aye". NOES:None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted.The Ordinance thus adopted follows: