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Ordinance No. 883-AORDINANCE NO. 883 -A AN ORDINANCE CONTAINING ORDINANCE NO. 883, INTRODUCED THE 24TH DAY OF AUGUST, 1967, and BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA- TION OF CERTAIN TERRITORY CONSISTING OF 1.00 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That pursuant to Article I, Section 9, of the City Charter, said Ordinance No. 883, introduced to the City Council of the City of Baytown, on the 24th day of August, 1967, in its original form shall read as follows: ORDINANCE NO. 883 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 1.00 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. WHEREAS, a public hearing before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the following described territory, to -wit: BEGINNING at a point on the existing City limit line of the City of Baytown, said point being more described as a point on the Southwest right -of -way line of State F. M. Highway 1942 at a distance of approximately 28,090 feet West of the intersection of the Easterly right -of -way line of the Southern Pacific Railroad and the South right -of -way line of State F. M. Highway 1942, said distance being measured along the South and Southwest right -of -way line of the highway; THENCE, in a Northwesterly direction along the Southwest right -of -way line of State F. M. Highway 1942 approximately 4,365 feet to a point for corner on the existing City limit line of the City of Baytown; THENCE, in a Northeasterly direction, perpendicular to the Southwest right - of -way line of State F. M. Highway 1942, a distance of ten feet to a point for corner; THENCE, in a Southeasterly direction, ten feet from and parallel to the South- west right -of -way line of the highway approximately 4,365 feet to a point for corner on the existing City limit line of the City of Baytown; THENCE, in a Southwesterly direction a distance of ten feet along the exist- ing City limit line of the City of Baytown to the POINT OF BEGINNING, was held at 6:30 o'clock p.m. in the City Council Chamber of the City Hall of the City of Baytown, Texas, on the 10th day of August, 1967, which date is not more than twenty days nor less than ten days prior to the institution of annexation proceedings; and WHEREAS, notice of such public hearing was published in a newspaper having general circulation in the City of Baytown, Texas, and in the above described terri- tory on the 1st day of August, 1967, which date is not more than twenty nor less than ten days prior to the date of such public hearing; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the first day of January, 1966, was 15,169.85 acres; and WHEREAS, the population of the City of Baytown, Texas, is 34,423 inhabi- tants; and WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the above described territory lies adjacent to and adjoins the City of Baytown, Texas; and WHEREAS, the above described territory contains 1.00 acres; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the following described land and territory lying adjacent to and adjoining the City of Baytown, Texas, is hereby added and annexed to the City of Baytown, Texas, and the said territory hereinafter described shall hereafter be included within the boundary limits of the City of Baytown, Texas, and the pre- sent boundary limits of such City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Baytown, Texas, to -wit: BEGINNING at a point on the existing City limit line of the City of Baytown, said point being more fullychscribed as a point on the Southwest right -of- way line of State F. M. Highway 1942 at a distance of approximately 28,090 feet West of the intersection of the Easterly right -of -way line of the Southern Pacific Railroad and the South right -of -way line of State F. M. Highway 1942, said distance being measured along the South and Southwest right -of -way line of the highway; THENCE, in a Northwesterly direction along the Southwest right -of -way line of State F. M. Highway 1942 approximately 4,365 feet to a point for corner on the existing City limit line of the City of Baytown; THENCE, in a Northeasterly direction, perpendicular to the Southwest right - of -way line of State F. M. Highway 1942, a distance of ten feet to a point for corner; THENCE, in a Southeasterly direction, ten feet from and parallel to the South- west right -of -way line of the highway approximately 4,365 feet to a point for corner on the existing City limit line of the City of Baytown; THENCE, in a Southwesterly direction a distance of ten feet along the exist- ing City limit line of the Ci�y of Baytown to the POINT OF BEGINNING. Section 2: The above described territory and the area so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Baytown, Texas. Section 3: This ordinance shall be published and passed in the manner provided in Article 1, Section 9 of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED this the 24th day of August, 1967. Seaborn Cravey, Mayor ATTEST: �1 Edna Oliver, City Clerk APPROVED AS TO FORM: Georg 51/ Chandler, City Attorney Section 2: That this ordinance, being Ordinance No. 883, in its original form shall take effect from and after the date of its passage. INTRODUCED, READ and PASSED this the 28th day of September, 1967. / T n S Seaborn Cravey, Mayor ATTEST: <-a Edna Oliver, City Clerk APPROVED AS TO FORM::/ Geo ge Chandler, City Attorney V i a a G� i (D w 6 a•aa w a o OO a a m x Z O a 0 o aa(D ~ C (D N. atr.w 0 ° (D W N N G rar (D tr c (D 0 l< (D N a DJ CD 0 (D r M n M O C w w �° °j a. l< (D ' •c a a < CD a ro a o a O z(D o (Da o O Y• (D O "c ° Y -a� 0 o' m a o 0 (D a : :r x n a ° a a (D , (D a v a o .,.,(. 0 M p (D b () N ::)l CL o a Cl) " (D r* (D Y. a D ° o ° a (D CD O i m . 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E \(\ CD aw }� \\ woe ;/ \\ \\ \} § \\ 2 \( \— Section 5: That the several sums mentioned above in Section 4 hereof, assessed against said parcels of abutting property and the real and true owner or owners thereof, whether said owners be named or correctly named, herein or not, together with interest thereon at the rate of six per cent (6 %) per annum and with rea- sonable attorneyts fees and all costs and expense ofcollection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcelsof property against which same are assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner, or owners, be named, or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and should more than one person, firm or corporation, own an interest in any of said parcels of abutting property, each such person, firm or corpora- tion, shall be personally liable for his, her, or its pro rata part of the total assessment levied against said property in proportion as his, her or its interest in said property bears to the total ownership of such property, whether or not such interest, or the amount, or name of the owner thereof, be set out herein, or in the certificate issued in evidence of such assessment, and such interest of any such person, firm or corporation in such property may be discharged and released from said assessment and lien upon the payment of such pro- portionate part of said total assessment, together with interest at the above stated rate to date of payment, to the legal holder of such assessment; and that the sums so assessed shall be payable as follows, to -wit: in six (6) equal annual installments, the first of which will be payable thirty (30) days after the completion and acceptance of said improvements by said City Council, and the five (5) remaining installments to be due and payable, respectively, one (1), two (2), three (3), four (4) and five (5) years from and after said date of acceptance of said improvements by said City Council, deferred payments - 7 - to bear interest from such date of acceptance at the rate of six per cent (6 %) per annum, payable annually, past due installments of principal and interest to bear interest at the same rate per annum until paid; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any install- ment thereof, before maturity by paying principal and accrued interest to date of said payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made shall, at the option of said Contractor, or its assigns, be, and become immediately due and payable and shall be collectable, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. Section 6: That the City of Baytown shall not be liable in any manner for the payment of any sums hereby assessed against said abutting property and the owners thereof, but said City sha11, when requested so to do, exercise all of its lawful powers to aid in the enforcement and collection thereof; and if default shall be made in the payment of any of said sums herein assessed against the said parcels of abutting property, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of said Contractor, or its assigns, ether by suit in any court having jurisdiction, or by sale of the property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem taxes. Section 7: That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of abutting property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforce- ment thereof, assignable certificates shall be issued by the City of Baytown, Texas, to Gulf Bitulithic Company, a Division of Warren Brothers Company, upon the completion and acceptance of said improve- -8- ments in said street, which certificates shall be executed by the Mayor in the name of the City, attested by the City Clerk with the Corporate Seal, and which Certificates shall set forth and evidence the assessments levied, and shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the acceptance of the improve- ments for which the certificate is issued, and shall contain the name of the apparent owner or owners, and the description of the property assessed by lot and block number or front foot thereof, or such other description as may be sufficient to identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That the said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of said Contractor, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectable with reasonable attorneyts fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may be enforced, at the option of said Contractor, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. - 9 - That said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and proceedings of the City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidenced by such certificates have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. That said certificates shall further provide in effect that the City of Baytown, Texas, shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice, and that the foregoing provisions as to the contents of said certificates are directory only. Provided however, that the failure to issue any such certificate or certificates shall in no way invalidate any of the assessments herein levied but such assessments shall in any event be valid and due and payable as herein provided. Section 8: That it is the intention of said City Council herein to, and it does hereby, levy, assess and charge the assessments at the rates per front foot, and in the amounts as hereinabove set out, upon and against each and every parcel of property abutting upon said streett and within the limits above defined, whether or not such pro- perty be accurately described herein, so that, nevertheless, each and every parcel of property abutting upon said street and the real and true owner or owners thereof shall be, and is hereby, charged and assessed with its portion of the costs of such improvements, at the - 10 - rates and amounts hereinabove set out for the number of front feet each such parcel of property abuts upon such street, within said limitq "erein defined; and further, notwithstanding the hereinabove set out descriptions of said abutting properties, it is the intention of said City Council herein to, and it does hereby, assess, levy and charge the assessments at the rates and in the amounts as hereinabove provided for and set out, in each case upon and against only the lots, parcels or subdivisions of the property actually abutting upon said street, when said property is unimproved, and when same is improved then against the lots, parcels or subdivisions thereof actually abutting upon said street, together with so much of any contiguous or adjoining lots, parcels or subdivisions thereof occupied by, or used in connection with, said improvements. That all such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment or lien levied hereby or any certificate issued here under, and any such mistake, or error, invalidity or irregularity, whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Baytown, Texas. That the total amounts assessed against the respective parcels of property abutting upon said street within the limits herein defined, and the real and true owner or owners thereof, are the same, or less than, the estimates of said assessments prepared by the Cityss Engineer and approved and adopted by said City Council, and are in accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers and provisions of - 11 - said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article 1105 -b of Vernonts Annotated Civil Statutes of Texas, as amended, and as adopted by Section 7, Article I of the Charter of said City, under which termsq provisions and powers of said Acts said improvements and assessments were had and made by said City Council. Section 9: Effective date:. This Ordinance shall take effect from and after the date of its passage by a majority of the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by/!�a majority of the City Council of the City of Baytown on this the h day of , 1967. lSeaborn Cravey, Mayor ATTEST: Edna Oliver, Ci y Clerk George Ch ndler� City Attorney - 12 -