Ordinance No. 3,36420407 -2
ORDINANCE NO. 3364
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT CALDWELL STREET FROM THE EAST RIGHT -OF -WAY LINE OF
ROBIN ROAD TO THE SOUTH RIGHT -OF -WAY LINE OF POST OAK
DRIVE, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED;
DIRECTING THE CONSULTING ENGINEERS TO PREPARE PLANS AND
SPECIFICATIONS, TOGETHER WITH AN ESTIMATE OF THE COSTS
OF SUCH IMPROVEMENT; PROVIDING THAT 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 TEX.REV.CIV.STAT. ARTICLE 1105b,
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 deems
it necessary to permanently improve Caldwell Street from the
east right -of -way line of Robin Road to the south right -of-
way line of Post Oak Drive, within the City of Baytown; 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 Caldwell Street, from the east
right -of -way line of Robin Road to the south right -of -way of
Post Oak Drive, by the construction thereupon of the following
improvements:
From the east right -of -way line of Robin Road to the
south right -of -way line of Post Oak Drive, 6 inch
concrete curbs and 6 inch reinforced concrete pavement,
29 feet wide (measured back to back of curb) shall be
constructed;
and other incidentals and appurtenances to such improvements.
Section 2: Busch, Hutchison & Associates, Inc. is
hereby directed to prepare the specifications and an estimate
of the costs of such improvements and to file the same with
the City Council for the hereinabove described pavement and
improvements.
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Section 3: The cost of said improvements shall be paid
for as follows, to wit:
(a) The City of Baytown shall pay an amount equal to
the cost of storm sewers, and also all the cost of
improving intersections of Caldwell Street with other
streets.
(b) The properties abutting upon said street improve-
ments 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 their respective properties
and not 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
improvements. 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 is unjust
or unequal, or results in individual cases in an assess-
ment that is in excess of the special benefits received
from said improvement, then 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.
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 first and
prior lien upon such properties and a personal liability
of the real and true owners thereof, and shall be
payable in six (6) equal annual installments due respect-
fully 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 (81) 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. Any property owner against whom
and whose property an assessment has been levied may
pay the whole assessment chargeable to him without
interest within thirty (30) days after the acceptance
and completion of said improvements.
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(c) 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. Paving certificates evidencing the
assessment shall be issued in favor of the successful
bidder for the amount of the assessment to secure the
payment of the costs of the improvements. It is further
authorized that said improvements may be further secured
by mechanic's liens.
Section 4: The City Council, in initiating this proceeding,
is acting under the terms and provisions of the Act passed at
the First Called Session of the Fortieth Legislature of the
State of Texas, 1927, relating to street improvements and assess-
ments, and known as Chapter 106 of the General and Special Laws
of said Session, as amended, said Act being commonly known as
TEX.REV.CIV.STAT. Article 1105b.
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
TEX.REV.CIV.STAT. Article 1220a.
Section 6: 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 7th day of
April , 1982.
JEMME:TT-0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk-
APPROVED:
ANDALL B. R G, Cit ttorney
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