Ordinance No. 5,946910801 -6
ORDINANCE NO. 5946
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT THE ROLLINGBROOK /BAKER CONNECTION BOULEVARD 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 the Rollingbrook /Baker
Connection Boulevard 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 the Rollingbrook /Baker Connection Boulevard by the
construction thereupon of the following improvements:
From the North edge of pavement of Rollingbrook Drive at
the Harris County Flood Control District (HCFCD) Unit #0
129 -00 -00 to a point on the South edge of pavement of
Baker Road, these points being located a distance of
3280 feet apart as measured along the centerline of the
proposed connecting boulevard on either side of HCFCD
Unit 10 129- 00 -00, (2) ten inch reinforced concrete
pavement lanes with six inch concrete curbs on each
edge, each side 24 feet wide (measured front to front of
curb), shall be constructed,
and other incidentals and appurtenances to such improvements.
Section 2: The City Engineer is hereby directed to prepare
an estimate of the costs of such improvements and to file the
same with the City Council for the hereinabove described pavement
and improvements.
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 said boulevard with other
streets.
910801 -6A
(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
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 to the
City, 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 %) percent 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 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.
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(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.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.
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 on this the 1st day of
August, 1991.
FEMM'
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AtTEST:
`1
EILE N P. LL, City Clerk
N CIO RAMIRE R., City Attorney
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