Ordinance No. 512I•
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ORDINANCE PJO, 512
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING UPON WILLIAM STREET IN THE CITY OF BAY -
TOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF
THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,
REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN
CONNECTION WITH SAID IMPROVEtEN1S, AND THE ASSESSMENTS TO BE
LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETER MINING
SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS
THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSLENr
AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND
THE PERFORbEANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT
LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVY-
ING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPER-
TIES ABUTTING SAID STREET AND THE TRUE 01MERS THEREOF FOR PAY-
MENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR
THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE
MANNER OF THEIR COLLECTION; AND PROV IDII\G FOR THE EFFECTIVE
DATE HEREOF.
IMEREAS, the City Council of the City of Baytown, Texas, has hereto-
fore, by ordinance duly enacted on July 10, 1958, determined the necessity for
and ordered the improvement of Iqilliams Street within the limits indicated,
to -wit:
WILLIAMS STREET, from the East property
line of Pruett Street to the West property line
of North Main Street (formerly Goose Creek Street)q
by the construction thereupon of a cement stabilized shell base with asphaltic
concrete wearing surface and concrete curbs and gutters and appurtenances and
incidentals to such improvement, as deemed necessary by the City Engineer, said
permanent paving to be constructed of materials and thickness as provided for
in Plans and Specifications and the Contract Agreement covering the construction
of said improvement, filed by the City Engineer and approved by the City Council;
and
WHEREAS, by virtue of its low bid for construction of such improve
ments on the said Williams Street, the City Council, in behalf of the City of
Baytown, has heretofore, on August 28, 1958, entered into a contract with Gulf
Bithulithic Company, for construction of said improvements; and
WHEREAS, said City Council has caused the City Engineer to prepare and
0 file estimates of the costs of such improvements and estimates of the amounts per
front foot proposed to be assessed against the properties abutting said streets
to be improved and the true owners thereof, and said City Engineer has hereto-
fore files said estimates and a statement of other matters relating thereto with
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said City Council and same have been received, examined and approved by said gov-
erning body; and
WHEREAS, by ordinance dated October 23, 1958, the City Council of the
City of Baytown ordered that a hearing be given to the real and true owners of
property abutting upon said Williams Street within the limits specified, and un-
to all persons owning or claiming any such abutting property or interest therein,
and to all others owning, claiming or interested in said property or any of said
uistters as to the assessments and as to the amounts proposed to be assessed against
each parcel of such abutting property and the real and true owners thereof, and as
to the special benefits to such abutting property and the owners thereof by means
of said improvements, for which special assessments are to be levied, and as to
the accuracy, sufficiency, regularity and validity of the proceedings and contracts
in connection with said improvements and proposed special assessments, and concern-
ing any matter or thing connected therewith, said hearing to be held at the City
Hall of the City of Baytown, Texas, at 7:00 o'clock P.M. on the 13th day of Nov-
ember, 1958, at which time all persons, firms, corporations or estates owning or
claiming any such abutting property, and their agents or attorneys or persons in-
terested in said proceedings might appear in person or by counsel and offer evi-
dence; and
IyMEAS, said ordinance further ordered and directed the City Clerk of
the City of Baytown, Texas, to give notice of said hearing by publication, as pro-
vided for and in accordance with the terms and provisions of Chapter 106 of the
Acts of the First Called Session of the Fortieth Legislature of the State of Texas,
known and shown as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas;
and
IMMEAS, said notice, as ordered and directed by said City Council and
as required by said law, has been properly given by publication of same in the
Baytown Sun, a newspaper published in said City of Baytown, Texas, on
and , said notice as so published having described
the nature of the improvements for which assessments were proposed to be levied
and to which said notice related, having stated the portion of said streets to be
improved, the estimated amounts per front foot proposed to be assessed against the
owners of abutting properties and such properties on said portion of said street
with reference to which the hearing mentioned in said notice was to be held, and
having stated the estimated total cost of the improvements on said portions of said
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streets, and having stated the time and place at which said hearing should be
• held, and said notice having in all respects fully met and complied with all praci-
sions of law requisite and pertinent thereto; and
11HEREAS, after due, regular and proper notice thereof, all as provided by
law, said hearing, of which notice was so given, was opened at 7:00 o'clock P.14.
on November 13, 1958, at the City Hall in the City of Baytown, Texas, pursuant to
Vie notice hereinabove referred to, at which time oppurtunity was given to all of
said referred to persons, firms, corporations, estates or other owners of such
abutting properties, their agents and attorneys, to be heard and to offer evidence
as to all matters in connection with such ordinannes and notice, at which time the
following appeared and the following statements and - testimony were given, to -wit:
Mayor R. H. Pruett opened the benefit hearing and stated briefly the
purpose thereof, then called upon the City Attorney, George Chandler, to preside
at the hearing. City Attorney Chandler then called upon Mr. Steele M. McDonald,
who stated, in response to questions of Mr. Chandler, that he had been a resident
of Baytown, Texas, for the past twelve years, during which time he had been engaged
in the real estate business, his connection with the latter business being the
selling and appraising of real estate; that he was familiar with real estate values
in the City of Baytown, and, in particular, with the properties, and the values of
such properties, abutting upon Williams Street, covered by the paving program on
said street, to which this benefit hearing related; that he was familiar with the
nature and costs of said proposed improvement, as shown by the published notice of
this benefit hearing, and that, in his expert professional opinion, all of the pro-
perty involved in said paving program, as a result of the proposed improvement,
would be enhanced in value in amounts in excess of the cost of such improvement as
set out in the Engineer's schedules appearing in said published notice.
City Attorney Chandler then called upon Mr. Bob Beverly, who testified, in
response to questions by Mr. Chandler, that he had been a resident of Baytown,
Texas, for the past six years, and during that time had been engaged in the real
estate business in said City; that his duties in said business were the selling
and appraising of real estate; that his business required him to be familiar with
• real estate values in the City of Baytown, and that he was familiar with the prop-
erties and values thereof abutting upon Hlilliams Street in said City, the street
included in the paving program relative to this benefit hearing; that he was also
familiar with the nature and costs of the proposed improvement to be constructed
upon said street, and that, in his expert professional opinion, all of the pro-
perties located on said street involved in this paving program, as a result of the
proposed improvement, would be enhanced in value in amounts exceeding the costs of
such improvement as shown by the Engineer's schedules contained in the published
notice of this hearing.
City Attorney Chandler then inquired as to whether there were parties pre-
sent who desired to be heard regarding the proposed improvement, whereupon, no
property owner appearing and desiring to be hea:-d, the benefit hearing was ordered
closed.
WHEREAS, at said hearing, all parties desiring or in any manner wishing to
be heard concerning any of the matters mentioned in said ordinance ordering and
fixing the date of said hearing and in said published notice, and as to any other
matters connected with said proposed improvement, contract and assessments and the
amounts thereof, were heard, and �11 matters as to the accuracy, sufficiency, re-
gularity and validity, and all matters of error, equality and other matters con-
nected with said improvement, contract and assessments having been heard, consid-
• 11411 •
ered and corrected, and said City Council having heard evidence as to the special
benefits to said abutting property and each parcel thereof and to the respective
owners thereof, in the enhanced value of said property by means of such improve-
ments, and said City Council having given a full and fair hearing to all parties
making or desiring to make any protest or objections or to offer testimony and
having examined and considered all evidence, matters and testimony offered, and
having found that said published notice is valid.and is in f uil abcord with the
requirements of law; and
SEAS, all proceedings with reference to making the improvements above
mentioned have been regularly had, in compliance with the law, and all prerequi-
sites to the fixing of the assessment lien against the properties hereinafter
listed and the personal liability of the respective owners thereof have been
performed, and upon completion of said improvements and acceptance thereof by t'=
City of Baytown, assignable certificates should be issued in evidence of sa:�."
assessments and liens and the liability of the true owner or owners of said pl +;-
perties, whether correctly named or not, all as provided by law: NON, THEREFOvil.,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the benefit hearing be closed and that such City Council
finds that each and every parcel of property abutting upon said street within the
limits defined will be enhanced in value and specially benefited in an amount in
excess of the amount of the costs of said improvement proposed to be assessed
against each of said parcels of property abutting said street within said limit's
defined and against the real and true owners thereof, and against any railroad
® occupying said street and the owners thereof, and that all objections and protests
should be, and the same are hereby, overruled and denied.
Sec t_ ion 2: The City Council finds and declares that all proceedings with
reference to the making.of improvements as herein stated on said streets in the
City of Baytown have been duly and regularly had in compliance with the law; that
all prerequisites to the entering into said contract for such work and improve-
ments and all prerequisites to the fixing of the assessment liens against the
properties hereinafter listed and the personal liability of the respective owners
thereof, whether named or not, have been in all things performed and complied with,
and said City Council further finds and declares that all persons interested have
• been given a full and fair hearing; that there is not to be assessed against such
abutting property and the owners thereof more than all of the costs of the constru:
Lion of curbs and gutters and nine - tenths (9/10) of the cost of constructing the
improvements.other than curbs and gutters; that adjustment and apportionment of
• costs among all properties and the owners thereof have been made in full compliance
with the law so as to produce a substantial equality of benefits received and bur-
dens imposed and that the special benefits to each parcel of property and the
owner thereof in the enhanced value thereof by means of said improvements is in
each instance in excess of the amount of the assessment made against said parcel
of property and its owner, and that the assessments, liens and charges declared
against said properties and their owners are in all things just and equitable.
Section tion 3: That in pursuance of said ordinances heretofore adopted and passed
by the City Council of the City of Baytown relating to the improvement of said
street in the City of Baytown, and in pursuance of the above mentioned contract
• between the City of Baytown and Gulf Bithulithic Company, the estimates, reports,
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lists and statements of the City Engineer, and the notice and hearing aforesaid,
and by virtue of the powers conferred and contained in the Acts of 1927 of the
Fortieth Legislature of the State of Texas, First Called Session, Chapter 106,
page 999, being known as shown as Article 1105 -b of Vernon's Annotated Civil Sta-
tutes of Texas, there shall be and there is hereby levied and assessed against the
properties abutting upon said portions of said streets and against the real and
true owners thereof, respectively, the description of said properties and the ap-
parent owners, respectively, and the amounts so assessed, being:
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Section 4: That said several amounts, together with interest, expense of col-
lection, and reasonable attorneys' fees, if incurred, shall be, and the same are
hereby, declared to be a first and prior lien on and against said respective abut-
ting properties, and said amounts so assessed, together with said other items, shall
be, and the same are hereby, declared to be personal liabilities and charges against
the true owners of said properties, respectively, whether named or not, all as pro-
vided in and by said Article 1105 -b of Vernon's Annotated Civil Statutes of Texas
aforesaid; and such assessments shall be collectible with interest, expense of col-,
lections and reasonable attorneys' fees, if incurred, and shall be first and prior
liens on the property assessed, superior to all other liens and claims except state,
county and city ad valorem taxes, and shall be personal liability and charges again:
the said owners of the property assessed; that said sums so assessed shall be pay-
able as follows, to -wit: In six equal annual installments, one installment payable
within thirty days after the completion of said improvements and the acceptance
thereof by the City Council of the City of Baytown; one installment one year from
the date of such acceptance; one installment two years from the date of such accep-
tance; one installment three years from the date of such acceptance; one install-
ment four years from the date of such acceptance; and one installment five years
from the date of such acceptance, with interest thereon from such date of accept-
ance at the rate of six (6 %) per cent per annum, payable annually, and if default
shall be made in the payment of any interest or principal when due, the whole of
said assessment, upon such default, shall at once become due and payable at the
• option of said contractor, Gulf Bithulithic Company, or its assigns; provided said
property owner shall have the privilege of paying any installments before maturity
by payment of principal and accrued interest.
Section 5: That for the purpose of evidencing said assessments, the liens
securing same and the several sums payable by said property owners and the time and
terms of payment, and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of Baytown to the contractor, or assigns, upon comple-
tion and acceptance of said improvements, which certificates shall be executed by
the Mayor and attested by the City Clerk with the corporate seal affixed, and shall
be payable to said contractor or assigns; said certificates shall declare the seid
amounts, and the time and terms of payment thereof, the rate of interest payable
thereon, the description of the respective properties against which the aforemen-
tioned assessments have been levied, sufficient to identify same, and same shall
contain the name or names of the apparent owners thereof.
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Said certificates shall further set forth.afid.evidence the assessments levied
and shall declare the lien upon the respective pkoperties and the liability of the
true owner or owners thereof, whether correctly named or not, and shall provide
that if default be made in the payment thereof, same shall be enforced by a suit
in any court having jurisdiction.
And the said certificates shall further provide that if default be made in the
payment of any installment of principal or interest thereon when due, then at the
option of said contractor or assigns, being the owner and holder thereof, the whole
of said assessment shall become at once due and payable and shall be collectible
with interest, expense of collection and a reasonable attorney's fee, if incurred.
Said certificates shall further recite that the proceedings with reference to
making the improvements therein referred to have been regularly had in compliance
with the law, and that all prerequisites to the fixing of the assessment lien
against the property described and the personal liability of the owner or owners
thereof have been performed, which recitals shall be evidence of all the matters
recited in said certificate, and no further proof thereof shall be required.
Section 6: That the City of Baytown shall not be liable in any manner for the
payment of any sum hereby assessed, but said City shall exercise all powers con-
ferred upon it by law, when requested so to do by the holder of said certificates,
to aid in the collection thereof.
Effective Date: That 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.
INTRODUCED, READ and PASSED by a majority of the City Council of the City of
Baytown on this 13th day of November, 1958.
ATTEST:n l
Edna Oliver, City Clerk
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