Ordinance No. 3,61030428 -5
ORDINANCE NO. 3610
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING THAT ROLLINGBROOK DRIVE FROM THE WEST
RIGHT -OF -WAY LINE OF GARTH ROAD TO A POINT 450 FEET
NORTHEAST OF THE NORTHEAST RIGHT --OF -WAY LINE OF
SPUR 330 (DECKER 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 Rollingbrook Drive from the west right -of -way line of Garth
Road to a point located a distance of 450 feet northeast of the northeast right-
of-way line of Spur 330 (Decker Drive), said 450 feet measured along the cen-
terline of the existing improved portion of Rollingbrook Drive, within the City of
Baytown; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas, hereby deter-
mines the necessity for and orders the permanent improvement of Rollingbrook
Drive, from the west right -of -way line of Garth Road to a point located a distance
of 450 feet northeast of the northeast right -of -way line of Spur 330 (Decker Drive),
said 450 feet measured along the centerline of the existing improved portion of
Rollingbrook Drive, by the construction thereupon of the following improvements:
From the west right -of -way line of Garth Road to a point located a distance
of 450 feet northeast of the northeast right -of -way line of Spur 330 (Decker
Drive) said 450 feet measured along the centerline of the existing improved
portion of Rollingbrook Drive, six inch concrete curbs and nine inch reinforced
concrete pavement, 60 feet wide (measured back to back of curb), shall be
constructed,
and other incidentals and appurtenances to such improvements.
Section 2: Busch, Hutchinson & 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 improve-
ments.
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Section 3: The cost of said improvements shall he 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 Rollingbrook Drive with other streets.
(b) The properties abutting upon said street improvements
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
(9/10W of the estimated costs of the remainder of said improve-
ments; 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 improve-
ments. 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 apport-
ionment 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 either to the City or 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 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 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
Lime 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 install-
ments of principal or interest, promptly as same matures, then, at
the option of the successful bidder or his assigns or the City if
the assessment is payable to the City, the entire arnount of the
assessment 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.
(c) The City of Baytown shall issue assignable paving certificates
evidencing the amount of the assessment to be paid by the
abutting property owners and the real and true owners thereof,
which certificates may be used to secure the payment to 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
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assessments, 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
i10MIA1
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 it passage by
the City Council of the City of Baytown.
INTRODUCED, TREAD. and PASSED by the affirmative vote of the City
Council of the City of Baytown on this the 28th day of April, 1983.
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ALLEN CANNON, Mayor
WINII&IF
EILEEN P. HALL, City Clerk
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