Ordinance No. 524r
ORDINANCE NO. 524
i AN ORDINANCE FINDING AND DETERMINING, IN
THE MATTER OF THE PERMANENT IMPROVEMENT OF
HAWT -HORNS AND BURBANK STREETS FROM THE EAST
PROPERTY LINE OF BARRYMORE BLVD. TO THE
WEST PROPERTY LINE OF CARNEGIE STREET, IN
BAYTOWN, TEXAS, THAT CERTAIN THINGS HAVE
BEEN DONE, CERTAIN EVENTS HAVE HAPPENED,
AND CERTAIN PROCEEDINGS HAVE BEEN HAD;
FINDING AND DETERMINING SPECIAL BENEFITS
TO EACH PARCEL OF PROPERTY AND THE OWNER
OR OWNERS THEREOF IN EXCESS OF THE AMOUNT
OF THE RESPECTIVE ASSESSMENTS HEREBY LEVIED
AGAINST THE 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; FORMALLY CLOSING THE HEARING GIVEN
TO THE TRUE OWNERS OF PROPERTIES ABUTTING
• ON SAID STREETS WITHIN SAID LIMITS AS TO THE
SPECIAL BENEFITS TO ACCRUE TO THEIR RESPECTIVE
PROPERTIES AND TO THEM'BY VIRTUE OF SAID IM-
PROVEMENTS AND AS TO CERTAIN OTHER MATTERS,
AND OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED; LEVYING CERTAIN ASSESS-
MENTS AND FIXING A CHARGE AND LIEN AGAINST
SAID PROPERTIES ABUTTING SAID STREETS WITHIN
SAID LIMITS AND THE TRUE OWNERS THEREOF FOR
THE PAYMENT OF A PART OF THE COST OF THE PER -
MANENT IMPROVEMENT OF SAID STREETS WITHIN
SAID LIMITS; PROVIDING FOR THE ISSUANCE OF
ASSESSMENT CERTIFICATES AND THE MANNER OF
THEIR COLLECTION AND MAKING SUNDRY PROVISIONS
RELATED THERETO; DECLARING THE CITY'S AGREE-
MENT TO AID IN THE COLLECTION OF THE ASSESS-
MENTS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: In the matter of the permanent improvement of
Hawthorne and Burbank Streets in the City of Baytown, Texas,
between the East property line of Barrymore Blvd. and the West
property line of Carnegie Street, the City Council of the City
of Baytown hereby determines, finds and declares that:
•
The City Council did by ordinance determine the necessity
® for and order the permanent improvement of said Hawthorne and
Burbank Streets, within said limits, in accordance with plans
and specifications which the City Council approved by ordinance
and which provide in principal substance for the construction
upon said streets within said limits of a cement stabilized
shell base with asphaltic concrete wearing surface and con-
Crete curbs and gutters and appurtenances and incidentals to
such improvements.
The City Council did, by ordinance, cause the Director
• of Public Works and the City Engineer to prepare and file
estimates of the cost of such improvements, together with
estimates of the costs per front foot proposed to be assessed
against the property abutting said streets within said limits
and the true owners thereof; and the Director of Public Works
and the City Engineer filed said estimates and a statement of
other matters related thereto with the City Council, and the
same were received, examined and approved by the City Council
by ordinance.
. The City Council, after advertising for and receiving
bids for the construction of said improvements, for the length
of time and in the manner and form as required by the Charter
of the City of Baytown and the laws of the State of Texas, and
after duly and regularly making appropriation upon proper
certification by the Director of Finance to cover the estimated
cost to the City of Baytown of said improvements, all in the
manner required by the Charter of the City of Baytown and the
laws of the State of Texas, did by ordinance award a contract
• for the construction of said improvements to Gulf Bitulithic
Company, on its lowest secure bid, and said contract has been
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heretofore duly executed by said contractor and the City of
• Baytown, Texas, and the performance bond required of said
contractor has been properly furnished and posted by said
contractor and accepted by the City Council as to form and
amount as required by the Charter of said City and the laws
of the State. of Texas.
By ordinance duly and regularly passed on February 26,
1959 the City Council ordered that a hearing be held by and
before the City Council of the City of Baytown, Texas, at
7:00 P.M. on the 12th day of March, 1959, in the Council
go Chamber in the City Hall of and.in said City, at which time
and place all owning or claiming any property abutting upon
said streets within said limits, or owning or claiming any
interest in any such property, should have the right at such
hearing to be heard on any matter as to which hearing is a
constitutional prerequisite to the validity of the proposed
assessments, and to contest the amounts ofthe proposed
assessments, the lien and liability thereof, the special bene-
fits to the abutting property and the owners thereof by means
of the improvements for which assessments are to be levied,
and the accuracy, sufficiency, regularity and validity of the
proceedings and contract in connection with such improvements
and proposed assessments, and to be heard on any other matter
related to said improvements and proposed assessments.
Said ordinance further directed the City Clerk to give
notice of such hearing by publication as provided for and in
accordance with the terms and provisions of Article 1105 -b of
Vernon's Annotated Civil Statutes of Texas, as amended, and
also directed the City Clerk to give notice of such hearing
•
by mailin g, by first class mail � postage prepaid, a copy or a
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substantial copy of the notice so published, addressed to the
• respective owners of the various and sundry parcels or lots
of abutting property, together with lienholders, at their
respective usual or best mailing addresses; provided, the
City Clerk was authorized in complying with such direction
to rely upon and address the envelopes containing such notices
in accordance with such list
of names and addresses as might be furnished her as being
sufficient and correct either by the City Attorney or one
of his assistants or by or on behalf of the City's contractor
for this paving project and bearing the approval of the City
• Attorney or one of his assistants.
Such notice as so ordered and directed by the City Council
was duly given by advertisement thereof by publication of the
same in the Baytown Sun, a newspaper published in the City of
Baytown, Texas, on March 1, 1959, March 3, 1959, and March 10,
1959. Said notice so published described in general terms
the nature of such improvements for which assessments are
proposed to be levied and to which the notice related, stated
the streets and portions thereof to be improved, stated the
estimated- amounts .per front foot-proposed to be assessed
against the owners of abutting property on said portions of
said streets, stated the estimated total cost of the improve-
ments on said portions of said streets, and stated the time
and place at which such hearing should be held, and in all
respects fully met and complied with all provisions of law
requisite or pertinent thereto. Copies of such notice were
also mailed by the City Clerk, as directed by the ordinance
ordering and calling such hearing, to the abutting property
owners and lienholders in accordance with a list prepared and
• furnished the City Clerk by the City Attorney, which included
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the apparent names and mailing addresses of all such abutting
• property owners and lienholders.
After due, regular and proper notice thereof, as afore-
said, said hearing was opened at 7:00 P.M. on March 12,
1959, in the Council Chamber in the City Hall of the City of
Baytown, Texas,-pursuant to the ordinance and notice herein-
above referred to,- at which time an opportunity was given to
all of said referred to owners and lienholders, and to all
other interested persons and parties, and their respective
agents and attorneys, to be heard and to offer evidence as to
all matters in connection with such ordinance and notice and
each and every matter therein mentioned or stated, at which
time the following persons appeared and the following state-
ments and testimonies were given, to --wit:
City Manager Harrison presided and called Mr. Bob Beverly, who stated, in
response to questions that he had been a resident of Baytown for the past
fourteen (14) years• a durther stated that he had been actively engaged
in the real estate business for the last six years, his connection therewith
being the selling and appraisal of real estate; that his'business required
�i.m to be familiar with the real estate values in city and he was familiar
with the properties abutting upon that portion of Hawthorne and Burbank Streets
proposed to be improved. It was his opinion that all properties lndathd thereon
and involved in this paving program will be enhanced in value in amounts
exceeding the costs of such improvements as shown by the Engineer's schedules
contained in the published notice of ±11s hearing.
• Mr. Harrison then called upon Mr. Steel McDonald, who testified, in response
to questions that he had been a resident of Baytown since 1924; the past nine years
of which he had been engaged in the real estate business. His connection was
the selling and appraising of real estate. He too, was familiar with the
real estate values in the City of Baytown and in particular with the properties
and the values of such property abutting that portion of Hawthorne and Burbank
Streets proposed to be improved. It was his opinion that all of the properties
involved in said paving project will be enhanced in value in excess of
the cost of such improvement.
Mr. Harrison then inquired if any, in the audience, desired to be heard
regarding the proposed improvements. 1x. John K. Pierce, Pastor of the Jehovah
Witness Kingdom Hall, which is located at 1305 Hawthorne, asked to gaive
the costs levied against the church property for curb and gutter; the church be
allowed to install its own and pay its pro rata share of street improvement only.
It was agreed that such action may attack the validity of the entire contract
but some study will be made relative to a credit by adjustment or outright
contribution by the contractor.
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At said hearing all parties desiring to be heard con-
cerning any of the matters mentioned in said ordinance of
February 26, 1959, or in the said notice of said hearing, or
desiring to be heard on any other matter connected in any way
with the proposed improvements, the contract therefor, the
proposed assessments, or the amounts of the proposed assess-
ments, were heard; and all matters as to the accuracy, suffi-
ciency, regularity and validity of any thereof, and all matters
of error and inequality, and all other matters in any way
connected with said improvements, contract and assessments,
and all of the proceedings in connection therewith, were
heard and considered.
Section 2: The City Council, having heard and considered
the evidence in the premises and having given a full and fair
hearing to all parties appearing and desiring to be heard,
did at such hearing determine the benefits to the abutting
properties and the true owners thereof, and did determine
and does now determine that by the assessments hereinafter
declared there is not to be assessed against the abutting
properties and the owners thereof more than all of the cost
of constructing curbs and gutters in front of those portions
of the abutting properties where curbs and gutters do not
presently exist and nine - tenths (9/10) of the cost of the re-
mainder of such improvements exclusive of curbs and gutters,
in accordance with the estimate thereof by the Director of
Public Works and the City Engineer hereinabove referred to.
The City Council has determined and here and now determines
that the front foot plan or rule is just and equitable, and
that by the assessments hereinbelow declared there has been
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•
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made a proper adjustment of the equities of all such property
iowners and a proper apportionment of costs among all abutting
properties and the owners thereof so as to produce a sub-
stantial equality of benefits received from such improvements,
and a proper adjustment and apportionment of the burdens
imposed on the abutting properties and the owners thereof.
The City Council has determined and does now again deter-
mine that the assessments hereinbelow made and the charges
hereby declared against the said property owners and their
respective properties are in all things just and equitable,
• and that in each instance the assessment made against any
parcel of property and its owner or owners is less than the
special benefits to said property and its owner or owners in
enhanced value thereto by means of said improvements upon
which the affected property abuts; and the City Council has
further determined and here again determines that all objections
and protests with reference thereto should be overruled and
denied.
Section 3: All proceedings with reference to making such
• improvements have been legally had in compliance with all laws
0
and all prerequisites to the fixing of the assessment liens
against the properties hereinafter listed and 'che personal
liability of the respective owners thereof have been performed;
and upon completion of said improvements and the acceptance
thereof by the City of Baytown, assignable certificates should
be issued in evidence of such 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,
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said hearing has been and is here and now and hereby closed;
and all protests and objections, whether specifically men-
tioned or not, shall be and the same are hereby overruled
and denied.
Section 5: In pursuance of the ordinance heretofore
adopted and passed by the City Council of the City of Baytown
relating to the improvement of said streets with said limits,
and in pursuance of the above mentioned contract, and in pur-
• suance of the estimates, reports, lists and statements of the
Director of Public Works and City Engineer, and in pursuance
of the said hearing so held and of the determinations of
benefits made thereat as hereinabove stated, and by virtue
of the powers conferred by law, there shall be and there is
hereby levied and assessed against the various properties
abutting on the portion of Hawthorne Street and on the portion
of Burbank Street so ordered to be improved, lying within the
limits herein stated, and against the true owners of such
. respective properties, the following amounts, the description
•
of said properties, the names of the apparent owners thereof,
and the several amounts so assessed being, respectively, to -wit:
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Section 4: The
City
Council
having heard at said hearing
•
all persons desiring
to be
heard,
and having closed said hearing,
said hearing has been and is here and now and hereby closed;
and all protests and objections, whether specifically men-
tioned or not, shall be and the same are hereby overruled
and denied.
Section 5: In pursuance of the ordinance heretofore
adopted and passed by the City Council of the City of Baytown
relating to the improvement of said streets with said limits,
and in pursuance of the above mentioned contract, and in pur-
• suance of the estimates, reports, lists and statements of the
Director of Public Works and City Engineer, and in pursuance
of the said hearing so held and of the determinations of
benefits made thereat as hereinabove stated, and by virtue
of the powers conferred by law, there shall be and there is
hereby levied and assessed against the various properties
abutting on the portion of Hawthorne Street and on the portion
of Burbank Street so ordered to be improved, lying within the
limits herein stated, and against the true owners of such
. respective properties, the following amounts, the description
•
of said properties, the names of the apparent owners thereof,
and the several amounts so assessed being, respectively, to -wit:
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0 •
Said several assessments, together with in
terest, expense of collections, and reasonable attorneys' fees,
If incurred, shall be and are hereby declared to be a first
and prior lien on and against said respective abutting prop-
erties, superior to all other liens and claims except State,
county, school district, and city ad valorem taxes, and said
amounts so assessed, together with said other items, shall be
and same are hereby declared to be collectible from and to be
personal liabilities and charges against the true owners of
said properties, respectively, whether named or not; and said
sums so assessed shall be payable as follows, to -wit: In six
equal installments, one installment to become due and payable
within thirty days after the completion of said improvements
and the acceptance thereof by the City of Baytown, one install-
ment to become due and payable one year from the date of such
acceptance, one installment to become due and payable two
years from the date of such acceptance, one installment to
become due and payable three years from the date of such
acceptance, one installment to become due and payable four
years from the date of such acceptance, and one installment
to become due and payable five years from the date of such
acceptance; with interest thereon from said date of acceptance
at the rate of six 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, or assigns; provided, said property owners
shall have the privilege of paying any of said installments
• before their maturity by the payment of the principal and the
accrued interest thereon.
Section E: 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 completion 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. Each certificate shall
declare the amounts due thereunder, the time and terms of pay-
resented thereby has been levied, sufficient to identify same,
and 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 re-
spective properties and the liability of the true owner or
owners thereof, whether correctly named or not, and each
certificate shall provide that if default be made in the payment
• thereof, same shall be enforced by a suit in any court having
jurisdiction.
And each certificate shall further provide that if default
be made in the payment of any installment of principal or in-
terest 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.
• Each certificate shall further recite that the proceedings
with reference to making the improvements therein referred to
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ment thereof,
the
rate of
interest
payable
thereon, the de-
scription of
the
property
against
which the
assessment rep-
resented thereby has been levied, sufficient to identify same,
and 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 re-
spective properties and the liability of the true owner or
owners thereof, whether correctly named or not, and each
certificate shall provide that if default be made in the payment
• thereof, same shall be enforced by a suit in any court having
jurisdiction.
And each certificate shall further provide that if default
be made in the payment of any installment of principal or in-
terest 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.
• Each certificate shall further recite that the proceedings
with reference to making the improvements therein referred to
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•
0
0
i
0
•
have been regularly had in compliance with the law and the
Charter of the City of Baytown, and that all prerequisites to
the fixing of the assessment lien against the property de-
scribed in the certificate and the personal liability of the
owner or owners thereof have been performed, which recitals
shall be prima facie evidence of all the matters recited in
said certificate, and no further proof thereof shall be re-
quired.
Section y: The City of Baytown shall not be liable in
any manner for the payment of any sum hereby assessed, but
said City of Baytown shall exercise its Charter powers and the
powers conferred upon it by law when requested so to do by
the holder of said certificates to aid in the collection
thereof.
Section 8: This ordinance shall take effect from and
after the date of its passage by a majority vote of the City
Council of the City of Baytown, Texas.
Introduced, read and passed by a majority vote of the
City Council of the City of Baytown, Texas, on this /Izld- day
of March, 1959.
4�
r ( ,
R. H. Pfuett, May 6r
Edna Oliver, City Clerk
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