Ordinance No. 539ORDINANCE' NO. 539 '
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AN` ORDINANCE OF THE CITY..COUNCIL OF THE CITY OF -
BAYTOWN, TEXAS, CLOSING
THE HEARING GIVEN- T0
.. THE
REAL AND. TRUE OWNERS OF THE PROPERTY ABUTTING UPON
NORTH MAIN STREET FROM •,THE SOUTH PROPERTY LINE. OF.'
'FAYLE •STREET TO THE NORTH RIGHT -OF -WAY LINE. OF
CEDAR. BAYOU ROAD, IN THE CITY OF I BAYTOWN, TEXAS, ;
-"
-AS -,TO SPECIAL BENEFITS Td - ACCRUE,' BY • VIRTUE OF
, THE IMPROVEMENT THEREOF, -AND AS TO ,-THE, ACCURACY,
SUFF ICIENCY' AND VALIDITY OF THE €?ROB
` ' CEEDINGS AND CONTRACT IN CONNECTION .WITH'. -SAID
IMPROVEMENTS, . AND :THE ASSESS MENTS. TO BE LEVIED ..
COVERING THE COST THEREOF; OVERRULING -AND DENYING:
ALL PROTESTS AND OBJECTIONS OFFERED;- FINDING-AND.".
DETERMINING SPECIAL BENEFITS - TO EACH PARCEL. OF,
. ,'PROPERTY=' AND 'THE- .OWNERS THEREOF IN EXCESS OF THE
AMOUNT :OF THE SPECIAL ASSESSMENT- AGAINST SAME; -
- FINDING 'THE.'REQULARITY OF ALL 'PROCEEDINGS AND THE
PERFORMANCE OF ALL PREREQUISITES TO° FIXINQ THE ;
ASSESSMENT LIENS AND -THE PERSONAL LIABILITY OF
THE PROPERTY OWNERS; LEVYING ASSESSMENTS,.FIXING
CHARGES - AND . LIENS'••AGA INST -SAID FROFERTIES: ABUTTING
® 'SAID STREET AND- THE • TRUE `OWNERS THEREOF FOR : PAY-
MENT -OF PART OF THE COSTS OF THE IMPROVEMENTS;,
PROVIDING 'FOR THE ISSUANCE OF .ASSIGNABLE. ASSESS
4ENT .CERTIFICATES AND THE MANNER OF THEIR -COLLEC=
TION; AND-PROVIDING FOR. THE'EFFECTSVE'DATE HEREOF.
WHEREAS; 'the' City Council of -the City of Baytown, -Texas,,
has heretofore,. by - Ordinance No." 494, . enacted on • June 12, 1958,
y
aeterininedT'ehe ,neceesity 7for ancl� or`dere,d "the improvement of
North Main Street' from `the. South Property Line Fayle Street
to the North Right -of -Way line of 'Cedar.Bayou Road, •by raising, _
grading., filling, widening,- permanently ,paving or repaving same,
by the construction, reconstruction, repairing and realigning
concrete curbs and gutters' in' the manner and where -the City: Engineer
determines that. adequate -curbs and-gutters are not now installed•vn
proper grade and line; and by- eonstruction of such drains and other
incidentals and appurtenances as deemed: necessary' by said Engineer;
said improvements -to be in• accordance.wit,h the Plans acid Spetifica- SV ;
bons 'which Nave heretofore been prepared -and filed by the Qity .
Engineer and approved,by',the City Council 'and
WHEREAS; by vittue of:, its low bid for construction :of, such
improvements on the said North'Main Street, the' City .Council,' in
behalf of the City of Baytown, has;heretofoiv entered " int - a contract
�} with Brown & Root,, Inc,:-, for `construction o,f said improvements; and
W"REAS, said City Council hag•• caused the City EnQineer'rto
w,
'prepare ands f]et estimates :of the casts of. such mprovementsi :and ' ..
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estimates, of the 'amountg P e x front:,foot proposed to be assessed'
'aizainst the` pi^opertean abutting: said street to" be' improved and, .,
the true owners there of and -said City, tngineer has.'herei'ofore,
filed "said estimates and a- statement- of. other' matters relating
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thereto with said :City, Council. and same have #:been ,received, examined
and approved by said governing body.: and t ;
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WHEREAS`,= by ordinance- dated April 9', 1959;' the: City Council
of--the-City of Baytown, ordered_ that 'a hearing. be ` given to the': real
and true owners; of'. property .abutt�:ng upon thei said North' Main Street
® ;within• the limits .'epeeifi6d,j and, unto ai_1 per so na. owning .ar claiming•
any such abutting' property or- interest therein,- and to,'all; others
v owning, caiming or interes:tea in said 'property •`or: any. of said matters
as 'to' assessment and as to the 'amounts proposed .to.. "bre assessed against
each parcel of..; such abuttirig :property and the real and'.true owners!
thereof, .and. a's to.' the specials benaf3ts�'.td� such abutting 'prope,rty,
and.she oWndlrs thereof by means of 'said 'improvements.; for which special
as'sesement.a are to`,be •l:evi•ec�', aril as to�:theo accuracy,; uff iciency - -,
regula ' $y and •validity .of• the proceedings apd aontraets in connection
T r.
with said, improvements and proposed speaial:asseesments=,.and concerning
j.
_ ;gny matter or- thing connected' !'therewith,' said hear�.ng to.,,.
''be held at -
®
the City, Hall o,f the .City � of Baytown, .Texas -, at 7-1:00 o' c1o.;ak' P :A'1.' on.
the ]3th day of May, 1959.. at which,.tme all persons;: firms, corpora
Lions -'or estates - orrming or claiming any 'such abutting property, and,
theft agents.or attorneys or persons,,intereated in said proceedings ,•
might -appear, in pe:rsori :or by 'counsel and offer evidencez and•'
= WHEREAS, said `ordinance' further ordered and directed; the
City Clerk of- hey City of B ay'- to�rn, Texas, to give; notice' of said
6 3 ,,
hearing, by publication;_ as provided for_ and. ,in .accordance with the terms
° .
and provisions: of rChapter 106 .of the Acts. of the' First .Called Session,
of the .Fortieth Legislature ot'.the State.,of ;Texas, known and' s,hOi n
®;+ n s: Annotated Civil Statute$ of Texas ;f and'
: as.,Article 1105 -b. of Verno_
• ' ^ ' Ste. - J • ' ' } - i ,
t. •2 ...
WHEREASi-said not"ice4 -as ordered .and directed by said City
Council: and as required by�'said ' law, has been properly given by
:publication thereof, three- times, :to wit: On three, d fferent days -'
in a• newspaper, of .general circulation irk- the City 'of- Baytown; , Texas,
the , first of. , said' pub;licatione trade more ' than ten days prior to the,
date of :r said hearing; said.-notice further given by mailing by first-
class mail,, ;postage prepaid; . a copy or substantial. copy of . said
notice: to 'the respective owners of the various-and sundry parcels ;
of property abutting, upon said - portionL of N0 'orth` Main Street; to
. Vii. �.•_,_ •
'heir - respective, usual,: or beat `±nailing` addresses; said notice as;
giveri :having.'- described the nature of the i
tnprovement9 for which ,
assessments were .p'ropo'sed to- be levied .and to which said notice re-.• „
lated, hay.,ing.,stated the 'portion . 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,
f ' -of said -street- with reference to which. the heailhg mentioned, in said
not ice. was to be held, `and having "stated the eat itnated total , :cost
of the ,improvements . on saild.portron of said street, and having stated ,
the time Arid place •at which 'said 'hearing should °b -e held, and said,
, t ;6 uly. feet %and ;comled with all � pro '.;ynotice' havin�� a espeet
{ visions of law requisite. ands pertinent thereto; ana
WHEREAS;, after due; regular and proper' notice :thereof, all
as' provided '•by jaw, ' said hearing,: of which notice was• so given,, was
- opened 'at -7:00 o'clock P.M:, on May -13, 1959, at the City. Hall in the
City of Baytovin Texas, pursuant ta- 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 andL to offer
evidence, as to wll matters in connection -with such ordinances and
notice, at .which time the folldw�ing4 appeared and: the following -state -
ments and testimony were given., 'to wit:
WHEREAS,. at said hearing,` all,,parties'. desiring., or; in- -any
manner wishing to be heard concerriing any of .the matters mentioned.
in said ordinance ordering and 'f1xing 'the . date• of said hearing'-.
and , in said published notice, :and as to" `any: other matters con'-
'netted, with said proposed improvements, ;dontradt' and assessments. ,
and:* the amounts ahe,reof,. were' heard., and all matters 'as to the _
a accuracy, sufficiency, regularity and validity,,; and all matters
of '•error, equality and other matters connected' with. said improve-
ments,•'Contract 'arnd,asse6sments having been', 'heard, -considered : -'
and correct6d, and =said ,CityXouncil:- having..hear,6 evidence -as-. to
the - - special benefits to' said-,abutting property and each pare -el
® ;atiereof and to they res pective owners' thereof, in the enhanced
' '�`^ P., -i i� -'~ - . r .� : .' y fir- 'r7 _5 �; ° ;. -. ! ?? � � };� • '•' Vie_ , ` . .
value of; said property by means .of such improvements, and said
City Council having• given -a- full and fair. hearing to4 all 'parties' ,
making or desiring -to* make arty. protest 'or ' ob jections , or_ to offer- y
testimony and having examined. and corisi:dered'ail.' evidence,
'matters and -testimony) We' red And , having found that'_ said -• pub
lished'- notice is- '- valld• and is in, full 'accord' -with the require-
-merits- of law; arid
ceedinga with•- reference to ffak i* ;the
WHEREAS a -1�1 � ro -
improvements above mentioned have ,been regularly,..h in compli
ante with the law,, and- All prerequisites to the fI xing of . the
asaessmerit liens j.against. the' propert.es hereinafter listed and''
the personal liability of the respec. e,,owners thereof -tiave
been performed,, :and. upon completion of said improvements, and
acceptance thereof by the 'City of,:-134
ytown assignable certifi - -
cates,'should be •isdued iri, evidence of- said assessments and.11ens
and the ': liability of the' true owner . or owners of said properties
;whether eor-r_eetiy named -or not., all -as ,provided' by laws : NOW,' ,
THEREFORE;
BE IT ORDAINED. BY THE CITY COUNCIL, 6 TH$, CITY' • OF:' BAYTOWN:
+ - 4. - _,
- - - ' - t J � •ji Y` ` :.q x �•� - � r � a_ ri fi- -'•1'' � �`,E � T' _ •+...*2 �'. �l � y ". ry` d ' �l
Section l That the benefit heat ic be closed.�and than `
such. • - ' - - . .•
-City - Courici finds that each and. every parcel of .propert
Y '-
abutting �xpon ,North' Maui- Street :within the limite. _defined will
..
bo. enhanced in value acid speciall bane
Y f iced "n• pan am
ount' in
excess, of ."the • amount ' of the coats• of sa
id:improvements'proposed.
to be. assessed against ach
e of said parcels of p i
'Property abutt ng
said; street within said` limits defined ;and wagainst the re'al:.and`
true owners'- thereof; and. against any'railroad..occupyng said street
5 and the owners .thereof and'. that . a
hl ab;jections and protests .should.
t. f
be, and the same are.hereby;,overrulled and denied.
Section 2.. ,The City-Co
Unc 1' finds -and :declares'that ali
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proceedings -with .re�terence% to , the: making of improvements, as herein, '<
stated on North,Ma nj•Street•in the City of Baytown have been duly
' and regularly had An compliance -with. the 'law; that .'axh prerequ sites-
to `the entering :into :said 6 _htract `for -such kwork and im rovement®
p,
prerequisites to .the fixing of•the assessment liens against
the properties hereinafter listed arid the 'personal liaibipity of '
the?res ectiv e ' owners thereof�; .
w_hether. named. or , not, have been•in•
alh' things "performed. and• complied with ,• and said City ' Councih" f�erther.
ti
finds at d - :declares that, - ,all. "Pereoris interested, t Ave been. given ' a- full.'•'
and'- fair hearing ;`. that there is "not to be. assessed'- against such
®4 abutting. prlopert and the owners thereof more than all of :the 'costs
of -the construction of curbs and "j
gutters 'and 'ni'ne- tenths (9%10) of
, the cost „cif constructing the improvements. other than ;curbs and
gutters;` that adjustment -and -apportionment, -of -costs among, all prop -•`
erties •anc3 the owners, thereof .have been made in full -eompliance. .with'
the. .law so as _to 'produce a substantial equality of benefits received -
and. burdens imposed and that ,
the special hene'ts to each ;parcel of ,
Y , .
property and _the owner thereof in the • _enhanced', valu6. ''thereof by means,.
of said improveme ntp is .in each.' ihOtance'.in excess of = amount
of 'the a ssesstnent`made ` a
v, ga.inst-sa4d,parcel;' of propefty,;A d its,: owner.
• - .• ` -. •r is .' - .. R' '`.
'Section 4; That', said •'several amounts, together- with, inter -•
est,.:expense.'of' collection; and .reasonable` attorneys' fees, If
incurred, . shall be and 'the same are hereby- , ;d'eclared to -be ,a
first and prior lien on and .against r said •re�spectivet abutting' prop
erties, -and'. said amounts so 2ssesse '
d, ogether with said other
'.items; shall_ be and, the `same .are.,he reby deolared :to be;:peraonal
"liabilities acid charged agatri the true wners "of so id properties,
f respectively,; h,etiher named or not;. >all, as provided -fn and by
said Article fl, .5. -b of.; Vernon'.s Annotated, Oivi1' Statutes of 'Texas
aforesaid;- and Bud 'assessments` shall,: <_be collectible- with •interest,
expense, of collect"onb�_� and reasonable' attorrieys+ fees, ' if incurred,.:.
and} shall _be - Pirat' and prir liens ' ornzttieG property assesBed,, superior'
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to all�oth'er �`l eris'and- 'claims except state,,rcounty and, city ad
valorem ,taxes and shall "be '
. , ,. personal .liability and 'charges. against
the said` otvner,s of the 'prop° rty, , aso.essed; .,
that.-,.said-sums, so assessed s
shall 'be- ,payable a.6--:f(5 to wi.tr: In, six equal, annual". install
-menus one- installment payable 'within -thirt y days' .a-fter, -the .'cgmple
r - , -
tion of 'said- improvements and the acceptance; thereof by he .City'
Council of the'.Cty of :Baytown; one installment one: year rfrom the'
date of aueh acceptance oe instlment tWo year's from. the date of
such `acceptance; one'•install'
me
nt : tM,ee years from the date 'of such
:zcde*ance, one ,installment four. from the 'date of -.such acceg4
r fence;. , and one',nstallment five years - f"rom'the, date of, such "acc.ep-
tpndT with interest thsreon from -such datb • of 'acceptance. a t the `
rate ;of si.x ('6 :per . cent per annum;; payable' annually,Y and if default''
eha11 be made`in. the payment of. any interest or principal when due,
the whole 'of said assessment, upon. 'such, default; .,shall at -once 5
become due, and :payab:le at '. the - option of'aaid. contractor; Brown .&
Root, ,Inc., or its..assgns. provided Bald property owner.'sh_ all
have• the privilege of paying any Installiments before maturitt b
_ . ' y y.
payuient of principal and accrued interest. =.
'Se'ction- That for' the purpose of `evidencing said assess-
trienta, the liens 'secu� : the' several- sums payable• by
said property ovrners' and- the, time-.and, terms, of; payment;. •and. to
"afd;''inr'trie enforcement ;thereof•, ass' gnable- 'ce'rtifjeates:' shall, be.
issued by. the City of Baytown "tq., the contracto°, oi_a`saigns, .upon
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comp et on and - 'acceptance` of said 3mproveme.nts; whi4h certificates
shall be - executed by_`the Mayor' and' atte.ted,by, the .City':Glerk
-`with the' corporate: seal affixed,s and 8ha11 pe - payab -le_ to said'
' • contractor.. or assigns; said certf #'gates sha3;1 declare ;the said
amounts; and. 'the ytime and terms of payment: thereof,. the •rate' of
interest'..payable: thereon, the description of ,the 'respea'tIve :prop-
ernes against wt iich'wthe •aforementioned assessments have been
levied, ' 6d.fIcient to identify - same,, and same `:'shall contain. the ,
name±'or names of the apparent• owners hereof
t
i :�
Said certificates'- shall fu her set forth a evideizce' .the . .
assessments �Zevied and eh
all declare' the - lien .-upon the -respective
properties and the �:iability, of t4O true. owner. . owners thereof,
,
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:whether correctly named or not, and shall proucte that: 'if ..default
` be made an th e payment thereof, escae shall be enforced,' by a suit_
i- any 'court having jurisdibtion.
fry cifi tes eha� l-. further provide: that if
r And �the•'sa id. ert ca
1"default be mane in ,the payment of• any installment , of principal or,
' ` n ' c'ontractor
intsrest thereo rwhen due then at the option of said
as9i�np, beI ng;the� owner and..hblderthereof, the whole of said
assessment shall ,become.: at once due and- payable 'and -shall be'
ti��collect3bl.e rl. ith, interest, expense, of }_d_61 ;l "ctlon and a, ..reasonable
"attorMey -'s fee; if 1 incurred
.S•aid:,:certffidates' shall further,�recite,r, that the- ��roceed.ngs
*t th, reference to .taming the improvement&Aherein- refer•.red to
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have been ragui iai ly. had' in coiripliance , with' the law, and that a31
f ` pre .requisites to the firing of the assessment =lien against the