Ordinance No. 4,16750613 -6
ORDINANCE NO. 4167
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT MASSEY - TOMPKINS ROAD FROM THE EAST RIGHT -OF -WAY
LINE OF NORTH MAIN STREET TO A POINT 590 FEET EAST OF THE
EAST RIGHT -OF -WAY LINE OF NORTH MAIN STREET, 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 Massey- Tompkins Road from the east right -of -way line of
North Main Street to a point located 590 feet east of the east right -of -way line of
North Main Street, 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
determines the necessity for and orders the permanent improvement of
Massey - Tompkins Road, from the east right -of -way line of North Main Street to a
point located 590 feet east of the east right -of -way line of North Main Street, by
the construction thereupon of the following improvements:
The paving of Massey - Tompkins Road from the east right -of -way line
of North Main Street to a point located 590 feet east of the east
right -of -way line of North Main Street, with six inch concrete curbs
and seven inch reinforced concrete pavement, varying in width from 76
to 49 feet (measured back to back of curb and including medians),
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
improvements.
to -wit:
Section 3: The cost of said improvements shall be paid for as follows,
(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
Massey - Tompkins Road 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 (9/10th) 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
50613 -6a
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 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
time before maturity by paying that 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) 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
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. C1V. 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.
Section 6: This ordinance shall take effect immediately 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 the 13th day of June, 1985.
E METT O. UTTO, ayor
ATTEST:
ILEEN P. H LL, ity Clerk
APPROVED:
rff—ANDL4L.STRONG, C-- ttorney