Ordinance No. 3,77340209 -5
ORDINANCE NO. 3773 OR TTHHA T R R � F FOR AND nRaoReM 7HE EMT
OF GARTH ROAD ALONG THE pROPOSED RIt3i-IT -OF IIfAY LINE
DISTANCE N OF ORIVE IN AN EASTERLY O RECTION FFOR A
BE IMPROVED; 890 FEET, IN THE CITY OF SAYfD04, 94ALL
PLANS D; DiRECTMG THE CITY ENGINEER TO PREPARE
�9T� f Air TO['E*" W"H AN
THE COSTS THEREOF gIALL E PTA 7W,' APAPAR�T OF
THE ABUTTING PROPERTY AND THE SSE,
INCIDENTAL MATTERS; pECLARING Mg �E
ALL FURTHER PROCEEDINGS RELATED TO SUCH AND
ARE BY VIRTUE OF TEX. REV. CIV. STAT. ARTXXE
DIRECTING
THE COUNTY THE
�p OTO OG A CERtA�I hDTIG�' VAIN
HEREOF VD�dG FOR THE EFFECTIVE DiATE
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MfHEREAS, the City Council of the City of Baytown deems it necessary to
pefmanenity improve Rollingbrook Drive from the east right -of -way line of Garth
Road along the proposed centerline of Rollingbrook Drive in an easterly direction
for a distance of 880 feat within the City of Baytown; NOW SORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY qTY OF BAYTOMRy,
TEXAS
Section l: The City Council of the City of Baytown, Texas, hereby deter-
mines the necessity for and orders the permanent improvement of Roll'
tngbrook Drive
from the east right -of- .vay line of Garth Road along the proposed centerline of
Rollingbrook Drive in • easterly direction for a distance of 880 feet by the
construction thereupon of the following improvements:
The southernmost two lanes from the east right -of -way line of
Garth Road along the proposed centerline of Rollingbrook
Drive in an easterly direction for a distance ur 883 fetii,, said
880 feet consisting of six inch reinforced concrete curb and
seven inch reinforced concrete pavement, 25 feet wide
(measured back to back of curb), shall be constructed,
and other incidentals and appurtenances to such improvements
Section 2: The City Engineer is hereby directed to prepare the specifications
and an estimate of the Costs of such improvements and to file the Jame with the
. City Council for the hereinabove described pavement and improvements.
Section 3: The cost of said improvements shall be paid for as follows,
t0- 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
40209 -6a
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 assessment
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 small 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 shatI be payable in six (6) equal annual install_
ments 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 arum 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 or
the City if the assessment is payable to the City, the entire amount 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) If the assessments are made payable to the successful bidder, the City of
Baytown shall pay to the Contractor all of the remainders 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 certifi-
cates evidencing the assessment shall be issued ire favor of the 6wcessfui
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
. assessments, and known as Chapter 106 of the General and Special Laws of said
Seasiuri, as ar„ei.ded, .,aid Act being _,.N ^[•n!v 4nrswn as TEX. REV_ C1V. STAY.
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 it passage by
the City Council of the City of Baytown.
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40269 -6b
INTRODUCED, READ and PASSED by tie affirmative vote of the City
Council of the City of Baytown on this the 9th day of February, 1984.
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