Ordinance No. 6650
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/ ORDINANCE N0. t�
AN ORDINANCE OF THE CITY`COUNCIL.OF THE CITY OF-BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND..TRUE OWNERS
OF THE PROPERTY ABUTTING UPON SOUTH FOURTH STREET FROM THE
SOUTH RIGHT-OF-WAY LINE OF EAST TEXAS AVENUE TO THE SOUTH
LINE OF ALLEN ADDITION, IN THE CITY OF BAYTOWN, TEXAS, AS TO
SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THERE-
OF,.AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALI-
DITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID
I*ROVEMENT, AND THE HSSES3MENTS TO BE LEVIED COVERING THE COST
THEREOF; OVERRULING AND DENYING ALL.PROTESTS AND OBJECTIONS
OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO ,EACH PAR-
CEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT
OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY
OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO
FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE
PROPERTY OWNERS; LEVYING ASSESSMENTS; FIXING CHARGES AW LIENS
AGAINST SAID PROPERTIES..ABUTTING SAID STREET AND'THE TRUE OWN-
ERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENT;.
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES
AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECT-
IVE DATE THEREOF.
WHEREAS, the City Council of -the City of Baytown, -Texas, has heretofore,
by ordinance number 654, enacted on July 12, 1962, determined the necessity for
and ordered the improvement of South Fourth Street from the South right-of-way
line of East Texas Avenue to the South line of Allen Addition, by the construction
of concrete curb and gutter, or its equivalent, and appurtenances{ and incidentals
to such improvement, all as provided by the Plans and Specifications hereinafter
referred to heretofore prepared and filed by the City Engineer and approved by the
City Council; and-
WHEREAS,
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WHEREAS, , by virtue of its low bid for construction of such improvement on
said South Fourth Street, the'City Council, on behalf of the City of Baytown, has
heretofore entered into a contract with.Gulf Bithulithic Company, for construction
of said improvement; and
WHEREAS, said City Council has caused the City Engineer to prepare and
file an estimate of the cost of such improvement and an estimate of the amount per
front foot proposed to be assessed against the properties abutting said Street to
.be improved and the true owners thereof, and.said City Engineer has heretofore'
filed said estimate and a statement of other matters relating thereto with said
City Council and same has-been received, examined and approved by said governing
body; and
• WHEREAS, by Ordinance dated November 8, 1962, the City Council of the City of
Baytown ordered that a hearing be given to the real and true owners of property
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abutting upon the said South Fourth Street within the limits specified, and unto
�alll 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 matters,
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as to assessment 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 improve-
ments, for which special assessments are to be levied, and as to the accuracy, suf-
ficiency, regularity and validity of the proceedings and contracts in connection with
said improvements and proposed special assessments, and concerning any matter or
thing connected therewith, said hearing to be held at the City Hall of the City of
Baytown, Texas, at 5:30 o'clock P.M. on the 13th day of December, 1962, at which
time all persons, firms, corporations or estates owning or claiming any such abut-
ting property, and their agents or attorneys or persons interested in.said proceed-
ings might appear in person or by counsel and offer evidence; and
WHEREAS, said Ordinance further ordered and directed the City Clerk of the
City of Baytown, Texas, to give notice of said hearing by publication, as provided
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
WHEREAS, said notice, as ordered and directed by said City Council and as re-
quired, by said law, has been properly given by publication thereof three times, to -
wit: On three different days in a newspaper of general circulation in the City of
Baytown, Texas, the first of said publications made more than ten days prior to the
date of said hearing; said notice further given by mailing by first-class mail,.post-
age prepaid, a copy or substantial copy of said notice to the respective owners of
the various -and sundry parcels of property abutting upon said portion of South
Fourth Street, to their respective, usual, or best mailing addresses; said notice
as .so given having described the nature of the improvements for which assessments
were proposed to be levied and to which said notice related, having stated the por-.
• tion of said street 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
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said portion of said street, and having stated the time and place at which said
hearing should be held, and said Notice having in all respects fully met and com-
plied with all provisions of law requisite and pertinent thereto; and
WHEREAS, after due, regular and proper notice thereof, all as provided by
law, said hearing, of which notice was so given, was opened at 5:30 o'clock p.m.
on December 13, 1962, at the City Hall in the City of Baytown, Texas, pursuant to
the Notice hereinabove referred to, at which time opportunity 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
to all matters in connection with such ordinance and notice, at which time the fol-
lowing appeared and the following statements and testimony were given, to -wit:
Mr. Bob Beverly was called by the City Attorney and testified in response
to questions of the City Attorney that he had been a resident of Baytown for the
past eighteen (18) years; the past ten (10) of which he had been engaged in the
real estate business. He stated that, in this connection, he was familiar with
the real estate values in Baytown and, in particular, the properties and values
of such properties abutting that portion of South Fourth Street under this improve-
ment project proposal, It was his opinion that all properties located thereon and
involved in this improvement program would be enhanced in value in an amount in
excess of the costs of such improvement as shown by the Engineer's Schedule con-
tained in the published Notice of hearing.
Mayor Pro Tem Ward then inquired as to whether there were parties present
who desired to be heard regarding the proposed improvements, whereupon no partiQs
appearing protested the proposed improvements on the grounds that the benefits to
be derived therefrom would not exceed the costs thereof.
All parties desiring to be heard having been so heard., the Benefit Eiearing
was ordered closed.
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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 improvements, contract and assessments and the amounts
thereof, were heard, and all matters as to the accuracy, sufficiency, regularity and
validity, and all matters of error, quality and other matters connected with said
improvements, contract and assessments having been heard, considered and corrected,
and said City Council having heard evidence as to the special benefits to said abut-
ting property and each parcel thereof and to the respective owners thereof, in the
enhanced value of said property by means of such improvements, and. said City Council
having given a full and'fair hearing to all parties making or desiring to make any
protest or objection 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 full accord=with the requirements of law; and
WHEREAS, all proceedings with reference to making the improvements above men-
tioned have been regularly had, in compliance with the law, and all prerequisites as
to the fixing of the.assessment liens 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 the City of Baytown, assign
able certificates should be issued in evidence of said assessments and liens and the
liability of the true owner or.owners of said properties whether correctly named or
not, all as provided by law; NOW, THEREFORE,
• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Benefit Hearing be closed and that such City Counci in
that each and every parcel of property abutting upon South Fourth Street within the
limits defined will be enhanced in value and specially benefited in an amount in ex-
cess of the amount of the costs of said improvements proposed to be assessed against
each of said parcels of property abutting said street within said limits 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.
Section 2: The City Council finds and declares that all proceedings with
• reference to the making of improvements as herein stated on South Fourth Street 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 pro-
perties hereinafter listed and the personal liability of the respective owners
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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 construc-
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onstruc-tion of curbs and gutters and nine -tenths of the cost of constructing the improve-
ments 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 burdens imposed and
that the special benefits to each parcel of property and the owner thereof in enhancer
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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 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 South
Fourth Street in the City of Baytown, and in pursuance of the above mentioned con-
tract between the City of Baytown and Gulf Bithulithic Company, the estimates, re-
ports, lists and statements of the City Engineer, and the notice and hearing afore-
said, and by virtue of the powers conferred and contained in the Acts of 1927 of the
Forteith Legislature of the State of Texas, First Called Session, Chapter 106, Page
499, being known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of
Texas, there shall be and there is hereby levied and assessed against the properties
abutting said portions of said street, and against the real and true owners thereof,
respectively, the description of said properties and the apparent owners, respectivel
and the amounts so assessed, being:
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CONSTRUCTION OF CURB AND GUTTER
SOUTH FOURTH STREET
From the South right-of-way line of
East Texas Avenue to the South line
of Allen Addition.
CONTRACTOR: GULF BITHULITHIC COMPANY
COST OF CURB AND GUTTER: $2.65 PER FRONT FOOT
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DESCRIPTION OF PROPERTY
ASSESSMENT TOTAL
PROPERTY OWNER
LOTS BLOCKS ADDITION FRONT FT.
RATE AMOUNT ASSESSMENT
EAST SIDE
1. Frieda Lerner
6
17
A. C. LONG
100,
$2.65
$ 265.00
$ 265.00
2. J. C. Beavers et ux, Thelma
2
1
ALLEN
100
$2.65
$ 265.00
$ 265.00
3. Andrew W.. Kleypas et ux, Olga J.
1
6
ALLEN
100
$2.65
$ 265.00
$ 265.00
4. Austin H. D.eBruhl et ux, LoReene
12
6
ALLEN
100
$2.65
$ 265.00
$ 265.00
5. Mitchell C. Lee et ux, Doris
1
7
ALLEN
92.5
$2.65
$ 245.12
$ 245.12
6. W. Nagorny Company
12
7
ALLEN
92.5
$2.65
$ 245.12
$ 245.12
7. L. B. Mackrell et ux, Georgia May
1
12
ALLEN
95
$2.65
$ 251.75
$ 251.75
W.-36',
8. J. E. Crockett, Sr. et ux, Alice M.
12
12
ALLEN
95
$2.65
$ 251.75
$ 251.75
9. Robert L. Paulsel et ux, Ruth H.
1
12
ALLEN
101.96
$2.65
$ 270.19
$ 270.19
WEST SIDE
1. Chester Rogers et ux, Margaret F.
As des
ibed in 4eed
recorde
in Volvae
1327, lage
578
100
$2.65
$ 265.00
$ 265:00
Harris
ounty Del"
Records.
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DESCRIPTION OF PROPERTY
ASSESSMENT
TOTAL
PROPERTY OWNER
LOTS BLOCKS ADDITION FRONT FT.
RATE AMOUNT ASSESSMENT
2. Josie Eberly, a feme sole
As described
in de
d recorde
in Volute
2889, Pa
a 467,
100
$2.65
$ 265.00
$ 265.00
Harris C
my Deed
Records
3.' Viola H. Wells
2
21
ALLEN
100
$2.65
$ 265.00
$ 265.00
4. Simon W. C. Hutton et ux, Naomi
As descr
ed in de
d recorded
in Volum
1301, Pa
a 505,
100
$2.65
$ 265.00
$ 265.00
Harris C
my Deed
Records
5. Pickney Burke Byrne, a feme sole
2
20
ALLEN
100
$2.65
$ 265.00
$ 265.00
.6. Jones 7-11-7, Inc.
As descr
ed in deed
recorded
in VolumE
4015, Page
120,
100
$2.65
$ 265.00
$ 265.00
Harris Ccinty
Deed
Records
7. Trustees of Goose Creek Rebekah Lodge
As descr'
ed in deid
recorded
No. 453 and Trustees of Goose Creek
in Volumc
1801,.Pa
a 512,
100
$2.65
$. 265.00
$ 265.00
Odd Fellow Lodge No, 960,
Harris Ccinty
Deed
Records
8. Leonard C. Gibson et ux, Willie Mae
1
19
ALLEN
100
$2.65
$ 265.00
$ 265.00
9. James B. Kaplan et ux, Wanda J.
As descri
ed in deid
recorded
in Volume
3853, Pa
a 633,
108.92
$2.65-
$ 288.64
$ 288.64
Harris C
my Deed
Records
TOTAL ASSESSMENTS:
1,785.08
$2.65
$4.732.57
$ 4.732.57
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Section 4: That said several amounts, together with interest, expense of
collection, 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 abutting
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 provided
in and -by said Article 1105-b of Vernon's Annotated Civil Statuses of Texas aforesaid
and such assessments shall be collectible with interest, expense of collections 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 against -the said
owners of the property assessed; that said sums so assessed shall be payable as fol-
lows, to -wit:. In Six (6).equal annual installments, one installment due and payable
thirty (30) -days after the completion of said improvements and the acceptance thereof
by the City Council of the City of Baytown; the.succeeding installments due one, two,
three, four and five years from and after the time of such acceptance at the rate of
Six (67) percent per annum, payable annually, and if default shall be made in the pay
ment 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 installment before maturity by payment of principal and ac-
crued interest.
Section 5: That for the purpose of evidencing said assessments, the liens se
curing 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 said
Mounts, 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 con-
tain the name or names of the apparent owners thereof.
Said certificates shall further set forth and evidence the assessments levied
and shall declare the lien upon the respective properties 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.
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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 attorneys' 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 conferred
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 the 13th day of December, 1962.
-ATTEST:
Edna Oliver, City Clerk
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Al Cl ton, Mayor