Ordinance No. 1,826ORDINANCE NO.1826
AN ORDINANCE CHANGING,ALTERING AND AMENDING ORDINANCE
NO.1760 HERETOFORE ENACTED BY THE CITY COUNCIL OF THE
CITYOF BAYTOWN,TEXAS,ON MARCH 13,1975,CAPTIONED AS
FOLLOWS,TO WIT:
"ORDINANCE NO.1760
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING THATWEST TEXAS AVENUE FROM THE WEST
RIGHT OF WAY LINE OF THOMAS CIRCLETO THE EAST
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 PROPERTYABUTTING ON SAID STREET;
PROVIDING THAT A PART OF THE COSTS THEREOF SHALL
BE PAID BY THE CITY AND A PART OF THECOSTS THEREOF
SHALL BE PAID BYAND 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
THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE
COUNTY CLERK ANDTO ADVERTISE FOR BIDS;AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF."
BY CHANGING,ALTERING AND AMENDING THE PROVISIONS OF
ORDINANCE NO.1760 AS PRESENTLY CONSTITUTED SO THAT THE
PROVISIONS THEREOF SHALL HEREINAFTER BE AND READ AS
HEREIN SET OUT;DIRECTING THE CITY CLERK TO FILE AN
AMENDED NOTICE WITH THE COUNTY CLERK AND PROVIDINGFOR
THE EFFECTIVE DATE HEREOF.
WHEREAS,the City Council of the City of Baytown here
tofore 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,including
the construction of a bridge to span GooseCreek Stream,and
plans and specifications for such improvements wereprepared
and submitted to it;and Council having examined and considered
said plans and specifications decided to order and initiate
the improvement of said street;and
WHEREAS,after bids were taken on the permanent im
provements to West Texas Avenue as shown in said plans and
specifications,for the paving and resurfacing of West Texas
Avenue,the construction of the bridge to span the Goose
Creek Stream,certain drainage and dirt fill work,Council
determined that it would be in the bestinterest of the City
to reject all bids and readvertise asking for three separate
bids on the paving and resurfacing of West Texas Avenue,the
construction of the bridge spanning GooseCreek Stream and
the drainage work;and
WHEREAS,since the project,as first initiated,has
been broken into three separate and distinct projects and
the assessments tobe levied are to be based only upon
pavement improvements to be constructed on West Texas Avenue,
it is necessary to amend Ordinance No.1760,the Initiation
Ordinance,to change the limits of the improvements to West
Texas Avenue,the description of the improvements thereto,
and other items as herein set out;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF
BAYTOWN,TEXAS:
Section 1:That Ordinance No.1760,heretofore enacted
on March 13,1975,by the City Council of the City of Baytown,
Texas,captioned as follows,to wit:
"AN ORDINANCEDETERMINING THE NECESSITY FOR AND ORDERING
THAT 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,SHALL BE
IMPROVED;ADOPTING AND APPROVING PLANS AND SPECIFICATIONS
FOR SUCH IMPROVEMENT;DIRECTING THE CONSULTING ENGINEERS
TO PREPARE AN ESTIMATE OF THECOSTS OF SUCHIMPROVEMENTS
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 BEPAID BY THE
CITY AND A PART OF THE COSTS THEREOF SHALL BE PAID BY
AND ASSESSED AGAINST THE ABUTTINGPROPERTY 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 THE CITY CLERK TO FILE A CERTAIN
NOTICE WITH THECOUNTY CLERK AND TO ADVERTISE FOR BIDS;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.",
-2-
be,and the same is hereby,changed,altered and amended by
changing and altering the provisions of Ordinance No.1760
as presently constituted so that the provisions thereof
shall hereinafter be and read as follows,towit:
"Section 1:The CityCouncil 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 Thomas Circle to the East bank of
Goose Creek Stream and from the West
bank of Goose Creek Stream to the East
right of way line of Airhart Drive,
by the construction thereupon of the following pavement
improvements:
(a)From the East right of way line of Thomas
Circle to a point 670 feet West of the East right
of way line of Thomas Circle,the existing concrete
pavement which is approximately 50 feet wide shall
be resurfaced with a one and one-half (1 1/2")
inch thick asphaltic concrete pavement and the
existing cement stabilized shell base will be
rebuilt with limestone base and/or cement stabilized
shell,and surfaced with one and one-half (1 1/2")
inch asphaltic concrete pavement,as shown in the
plans and specifications.
(b)From a point 670 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.201 to
the East right of way line of Airhart Drive with
seven (7")inch reinforcedconcrete pavement,39
feet wide (measured back to back to curb)and
seven (7")inch high concrete curbs,as shown in
the plans and specifications;
and other incidentals and appurtenances to such pavement
improvements,all as provided by the plans and specifications
hereinafter referred to;said pavement improvements to be
of materials and to be constructed in the mannerprovided
in the plans and specifications therefor heretofore
prepared and submitted to the City Council by the
Consulting Engineers and herein approved and adopted.
-3-
The City Council here and now approves and adopted
the plans and specifications therefor heretofore prepared
and submitted to the City Council by Busch,Hutchison
and Associates,Inc.
Section 2:Busch,Hutchison &Associates,Inc.is
here and now directed,as soon as it can conveniently
do so,to prepare an estimate of the costs of such
improvements,as provided by Article 1105b,V.A.T.S.,
hereinafter mentioned,and to prepared also a written
statement which shall contain the names of the persons,
firms,corporations,estates,and/or lienholders having
any interest in property abutting uponsaid street
herein determined to be 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:The cost of said pavement 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 uponsaid street
within the limits hereinabove defined,andthe real
and true owners thereof,shall pay for all of the
costs of the concrete curbs and gutters in front
of their respective properties and not more than
nine-tenths (9/10th)of the estimated costs of the
remainder of said pavement improvements,consisting
of seven (7M)inch reinforced concrete pavement,curbs,
and gutters,treatment of sub-base,construction of
certain inlet props and inlet tie-ins with other
streets and other appurtenances and incidentals,as
shown in the plans and specifications for the pavement
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 improvements as
determined in the manner provided for bythe terms of
said Article 1105b hereinafter identified.The
amounts to be so paid by,and assessed against,said
abutting property andthe 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,
-4-
in the opinion of the City Council is unjust orun
equal,or results in individual cases in an assessment
in excess of the special benefitsreceived from said
improvements,thensaid City Council shall adopt such
Rule of apportionment as shall effect substantial
equality between said owners,considering the benefits
received by andthe burdensimposed upon them and their
property,all as provided for by and in accordance
with,the provisions and terms of said Article 1105b
hereinafter identified.
Other work is tobe performed and other improvements
are to be constructed by the City or by the City's
contractors on its behalf (other than the work and im
provements associated with the contract for the pavement
improvements)in connection with West Texas Avenue,and
such other work and improvements shall not be considered
in any manner in connection with the herein referred to
charges and assessments to be levied against the abutting
property and the owners thereof.
The amounts payable by the abutting properties and
theirtrue 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:
The costs of said improvements which 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
before thirty (30)days,one (1),two (2),three
(3),four (4),and five (5)years after the date
of the acceptance of said improvements 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 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 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 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 andthe real and true
owners thereof as set out above in Subsection (a)
hereof.
-5-
Section 4:This ordinance is adopted and all of the
further proceedings in connection with such pavement im
provements 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 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
an amended 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 2:It is hereby officially found and determined
that the need of theCity to begin the West Texas Avenue Project
creates an emergency and an urgent public necessity for the
holding,at the scheduled time,of the meeting of the City
Council at which this ordinance is adopted and for the adoption
of this ordinance;andthe NOTICE OF MEETING relating to said
meeting and heretofore posted by the City Clerk,and the posting
thereof,are hereby authorized,approved,ratified,and confirmed.
Section 3: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 10th day of July,1975.
TOM GENTRY,Mayor
ATTEST:
ClerkEDNAOLIVER,City Cler
APPROVED:
NEEL RIO^ARDSOnT CityAttorney
-6-