Ordinance No. 1,8676ioh
ORDINANCE NO.1867
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT DECKER DRIVE,FROM 80.45 FEET SOUTHEAST OF THE
CENTERLINE OF GARTH ROAD TO THE EXTENSION OFTHE SOUTH
RIGHT OF WAY OF DEFEE (APPROXIMATELY 1900 FEET),IN THE
CITY OF BAYTOWN,TEXAS,SHALL BE IMPROVED;RATIFYING
AND CONFIRMING ACTION HERETOFORETAKEN ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVE
MENT;DIRECTING THE CITY 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 BYTHE CITY AND A PART OF
THE COSTS THEREOF SHALL BE PAID BYAND ASSESSED AGAINST
THE ABUTTING PROPERTY WHERE CURBS AND GUTTERS ARE TOBE
CONSTRUCTED 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 PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the CityCouncil of the City of Baytown has
considered the advisability and necessity of the permanent
improvement of Decker Drive,from80.45 feet southeast of
the centerline of Garth Road to the extension of the south
right of way of Defee (approximately 1900 feet),in the City
of Baytown,Texas,and plans and specifications for such
improvement have been 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 BYTHE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1:TheCityCouncil of the City of Baytown,
Texas,hereby determines the necessity forand orders the
permanent improvement of the above described street,towit:
Decker Drive,from 80.45 feet southeast of the
centerline of Garth Road to the extension of the
south right of way of Defee (approximately 1900
feet),in the City of Baytown,Texas.
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by the removal and replacement of certain existingunsuitable
pavement and by widening certain portions of the street so
that the entire project,within limits hereinabove described,
will be a width of eighty-eight (881)feet (measured back to
back of curb),said replaced and widened portions to besix
(6")inch stabilized subgrade with eight (8")inch reinforced
concrete;by the surfacing of both the newly constructed and
existing pavement with a oneand one-half (1 1/2")inch
thick asphaltic concrete pavement overlay;and by thecon
struction upon certain portions thereof of a six (6")inch
monolithic curb and other incidentals and appurtenances to
such improvement,all as provided by the plans and speci
fications 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 City Engineers and
approved at the regular meeting of the City Council on the
24th day of April,1975,and such action of said City Council,
as so heretofore taken,is in all thingshereby ratified and
confirmed.
The City Council here and now reapprove and readopt
the plans and specifications therefor heretofore prepared
and submitted to the City Council by the City Engineers.
Section 2:The City Engineers are here and now directed,
as soon as they 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 to be improved within the limits named,with the
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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
abuttinguponsaid street within the limits defined and the
real and true owners thereof,as follows,to wit:
Decker Drive,from 80.45 feet southeast of the center-
line of Garth Road to the extension of the south
right of way of Defee (approximately 1900 feet),
in the City of Baytown,Texas.
(a)The properties abutting uponsaid street
within the limits hereinabove defined,where curbs
and gutters are tobe constructed,as shown in the
plans and specifications,and the real and true owners
thereof,shall pay for all of the costs of the concrete
curbs and gutters in front of their respective properties;
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 the 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,in the opinion of the
City Council is unjust or unequal,or result inin
dividual cases in an assessment in excess of the
special benefits received from said improvement,then
saidCity Council shall adopt suchRule of apportionment
as shall effect substantial equality between said
owners,considering the benefits received by andthe
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
City of Baytown,and shall constitute a first and prior
lien uponsuch properties and a personal liability of
the real and true owners thereof,and shall be payable
as follows,towit:
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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,orat
such owners option,said costsshall 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 improvement by the City,
together with interest from the date of said
acceptance until paid at the rate of eight (8%)
per cent perannum 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 City of Baytown,or its 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.
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
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:Thatthis ordinance shall
take effect from and after its passage by the City Council
of the City of Baytown.
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INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this 11th day of
September,1975.„
TOM GENTRY,Mayor V
ATTEST:
(jllIi
EDNA OLIVER,City Clerk
APPROVED:
l/Lu/l'CJt>u&%*&
NEEL R7CHARDS0N,City Attorney^
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