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Ordinance No. 554® ORDINANCE NO. 554 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 SCOTT AND HARVEY STREETS FROM THE EAST PROPERTY LINE OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE OF COMMERCE STREET, AND HAWTHORNE STREET FROM THE WEST PROPERTY LINE OF BARRYMORE BOULEVARD TO THE EAST PROPERTY LINE OF MAYO STREET, IN THE CITY OF BAYTOWN, 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 IMPROVEMENTS, AND THE ASSESSMENTS 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 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 AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREETS AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES.AND THE MANNER OF THEIR COLLECTION;_ AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Baytown, Texas, has heretofore, by Ordinance No. 526, enacted on March 26, 1959, determined the necessity for and ordered the improvement of Scott and Harvey Streets from the east property line of North Pruett Street ® to the west property line of Commerce Street, and Hawthorne Street from the west property line of Barrymore Boulevard to the east prop - erty..line of Mayo Street, by raising, grading, filling, widening, permanently paving or repaving same by the construction, reconstruc- tion, 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 on proper grade and line, and by con- struction of such drains and other incidentals and appurtenances as deemed necessary by said Engineer, said improvements to be in accord- ance with the Plans and Specifications which have heretofore been prepared and filed by the City Engineer and approved by the City Council; and WHEREAS, by virtue of its low bid for construction of such improvements on the said streets, the City Council, in behalf of the City of Baytown, has heretofore entered into a contract with Brown & Root, Inc., for construction of said improvements; and WHEREAS, said City Council has caused the City Engineer to prepare and -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 heretofore filed said estimates and a statement of other matters relating thereto with said City Council and same have been received, examined and approved ® by said governing body; and WHEREAS, by ordinance dated August 13, 1959, the City Coun- cil of-the City of Baytown ordered that a hearing be given to the real and true owners of property abutting upon the said streets within the limits specified, and unto -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 mat- ters 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 improvements, for which special assessments are to be levied, and as to the accuracy, sufficiency, regularity and validity of the proceedings and con- tracts 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 at the City of Baytown, Texas, at 7:00 o'clock P.M. on the 27th day of August, 1959, at which time all persons, firms, corporations or estates owning or claiming any such abutting property, and their agents or attorneys or persons interested in said proceedings 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 - 2 - 149 10 (a (a • 0 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 required by said law, has been properly given by publication thereof three times, to wit: On three different days in the Baytown Sun, 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, postage prepaid, a copy on substantial copy of said notice to the respective owners of the various and sundry parcels of property abutting upon said portions of said streets, to their respective, usual.. or best mailing addres- ses; 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 portion of said streets to be improved, the estimated amounts per front foot pro- posed to be assessed against the owners of abutting properties and such properties on said portions of said streets 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 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 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 7:00 o'clock P.M. on August 27, 1959, 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 - 3 - 0 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 ordinances and notice, at which time the following appeared and the following statements and testimony were given, to wit: Mr. Steele M. McDonald, local realtor, was called by the City Attorney. He stated, in response to questions of City Attorney Chandler, that he has been a resident of Baytown, Texas since 1924; the past (10) years of which he has been engaged in the selling and appraisal of real estate. He is familiar with the real estate values in Baytown and in particular with the properties and values of such property abutting that portion of Scott, Harvey and Hawthorne Streets covered under the improvement project proposal. It was his opinion that all properties located thereon and involved in this paving program wi will be enhanced in value in amounts exceeding the costs of such improve- ments as shown by the engineer's schedule contained in the published notice of hearing. Mayor Pruett asked if any in the audience had questions to ask or protests to offer concerning the proposed improvements. V. E. Wratten asked for a clarification of the schedule of proposed charges made to the property owner the use of curb and gutter now in place and other relating facts pertaining4tbhthe"proposed "improvements. - 3 -A - ® 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, equality 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 o benefits to said abutting property and each parcel thereof and to the respective owners there- of, in the enhanced value of said property by means of such improve- ments, and said City Council having given to all parties making or desiring to make or to offer testimony and having examined matters and testimony offered, and having notice is valid and is in full accord wit; and a full and fair hearing any protest or objections and considered all evidence, found that said published z the requirements of law; WHEREAS, all proceedings with reference to making the improvements above mentioned have been regularly had, in compliance with the law, and all prerequisites 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, assignable 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; BAYTOWN : u BE IT ORDAINED BY THE CITY COUNCIL'OF THE CITY OF - 4 - Section 1. That the benefit hearing be closed and that such City Council finds that each and every parcel of property abutting upon Scott and Harvey Streets from the east property line of North Pruett Street to the west property line of Commerce Street, and Hawthorne Street from the west property line of Barrymore Boulevard to the east property line of Mayo Street will be enhanced in value and specially benefited in an amount in excess of the amount of the costs of said improvements proposed to be assessed against each of said parcels of property abutting said streets within said limits defined and against the real and true owners there- of, and against any railroad occupying said streets and the owners ® thereof, and that all objections and protests should be, and the finds 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 said portions of said streets have been duly and regularly had in compliance with the law; that all prerequisites to the entering into said contract for such work and improvements and all prerequisites to the fixing of the assessment liens against the properties hearin- after 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 construction of curbs and gutters and nine - tentha (9/10) of the cost of constructing the improvements other than curbs and gutters; that adjustment and appor- tionment of costs among all properties and the owners thereof have been made in full compliance with the law so as to produce a sub- stantial equality of benefits received and burdens imposed and that the special benefits to each parcel of property and the owners 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 - 5 - ® • parcel of property and its owners 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 re- lating to the improvement of said streets in the City of Baytown, and in pursuance of the above mentioned contract between the City of Baytown and Brown & Root, Inc., the estimates,,-reports., 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 499, being known and shown as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas, D 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 apparent owners, respectively, and the amounts so assessed, being: Section 4. That said several amounts, together with inter- est, expense of collection and reasonable attorneyst 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 Statutes of Texas aforesaid; and such assess- ments 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 follows, to wit: In six (6) equal annual installments, one installment due and payable thirty (3)) 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, with interest thereon from such date of acceptance at the rate of.five and one -half (52 %) 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 become at once due and payable at the option of said contractor, Brown & Root, Inc., 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 assess- ments, 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 - 7 - 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; said certificates shall declare the said amounts, and the time and terms of payment thereof, the rate of interest payable thereon, the description of the respective properties against which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain the name or names of the apparent owners thereof. ® Said certificates shall further set forth and evidence the 0 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.' 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 pre- requisites to the fixing of the assessment lien against the prop- erty 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 27th day of August, 1959. ATTEST: Edna Oliver, City Me ii _9_ Pruett., Mayor