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Ordinance No. 555� 4) V s • ORDINANCE NO. SS.s. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYT01'!N, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON NORTH AKD SOUTH VAIN STREET FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO THE SOUTH PROPERTY LINE OF REPUBLIC 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 P:IQCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVERE -N'T, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVER- RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AM DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE 011MERS 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 0WNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUT'TIN'G SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IhTROVEMNr; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS- MENT 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 duly enacted on June 12, 1958, . determined the necessity for and ordered the improvement of North and South Main Street within the limits indi- cated, to -wit: NORTH AND SOUTH 41AIN STREET; From the South property line of Fayle Street to the South pro- perty line of Republic Street, 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 on proper grade and line, and by construction \of such drains and other incidentals and appurtenances as deemed necessary by said Engineer, said improvements to be in accordance with the Plans and Specifica- tions which have heretofore been prepared and filed by the City Engineer and ap- proved by the City Council; and WHEREAS, by virtue of its low bid for construction of such improvements on the said street, the City Council, in behalf of the City of Baytown, has here- tofore, 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 file estimate's. of the-cost of such improvement and= estimatet•of .the'ameubts.per front I; 1 • 0 foot proposed to be assessed against the properties abutting said street, to be im- proved, and the true owners thereof, and said City Engineer has heretofore filed 41 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 I:IHEREAS, by ordinance dated July 23, 1959, the City Council of the City of Baytown ordered that a hearing be given to the real and true owners of property abut- ting upon said street 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 matters as to assessment and as to the amounts proposed to be assessed against each parcel of such abutting pro- perty 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, regulari : and validity of the proceedings and coat -dact in connection with said improvement 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 10th day of September, 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 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 or Vernon's Annotated Civil Statutes of Texas; and MEREAS, 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 difflerent 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 or substantial copy of said notice to the respective owners of the various and sundry parcels of property abutting upon said portions of said street, to their respective, usual, or best mailing addresses; saic: notice as so given having described the nature -of Ue improvements for which assess- ments were proposed to be levied and to which said notice related, having stated the portion of said street to be improved, the estimated amounts per front foot prop6sef' -2- to be assessed against the owners of abutting properties and such properties on said portions 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 improve- ments on said portions 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 complied with all provisions of law requisite and pertinent thereto; and IMIEREAS, 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 September 10, 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 persons, firms, corporations, estates or other owners of such abutting pro- perties, 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 r IO appeared and the following statements and testimony were given, to -wit: -3- 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 fix- ing the date of said hearing and in said published notice, and as to any other mat- ters connected with said proposed improvement, contract and assessments and the amounts thereof, were heard, and all 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- 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- ment, 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 full accord with the requirements of law; and l'MEREAS, all proceedings with reference to making the improvements above, mentioned have been regularly had, in compliance with the law, and all prerequisi- tes to the fixing of the assessment liens against the properties hereinafter lister' 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, ® BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUTOUN: Section 1: That the benefit hearing be closed and that such City Council finds that each and every parcel of property abutting upon North and South Main Street from the South property line of Fayle Street to the South property line of Republic 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 street within said limits defined and against the real and true owners thereof, and against any railroad oc- cupying 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 said portion of said street have been duly and regularly had in compliance with the lav; that all pre- requisites to the entering into said contract for such work and improvements and -4- J .J • all prerequisites to the fixing of the assessment liens against the proper- ties 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 aii persons interested have been given a full and fair hearing; that there is not to be assessed against such abutting pro- perty and the owners thereof more than all of the costs of the construction of curbs and gutters and nine- tenths (9 /10ths) 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 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 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 relating to the improvement of said street in the City of Baytown, and in pursuance of the above mentioned contrac'. between the City of Baytown and Gulf Bithulithic Company, 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 999, being known and shown as Article 1105 -b of Vernon's Annotated Civil Stat- utes of Texas, there shall be and there is hereby levied and assessed against the properties abutting upon said portions of said street, 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; 0 A E--1 Etl R. C. 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O �I o 4 m r- 3 ca ca 4� � O O tol o O O O •J 1 43 H a, m ' m w �a p i~ d U Q C7 Q • 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 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 or 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 agai.ns the said owners of the property assessed; that said sums so assessed shall be payabl • as follows, to -wit: In six (6) equal annual installments, one installment due and payable thirty (30) days after the completion of said improvements and the accept- ance 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. d with interest thereon from such date of acceptance at the rate of five and on -half ? (%%) percent per annum, payable annually, and if default shall be made in the pay- ment of any interest or principal when due, the whale of said assessment, upon such default, shall become at once due and payable at the option of said contractor, Gul6` Bithulithic Company, or its assigns; provided said property owner shall have the privilege of paying any installments befdre 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 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 aforemen- tioned 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 assessments lev;ec 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 cvhen 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 collect- ible with interest, expense of collection and a reasonable attorney's fee, if in- curred., 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 0 U Baytown, on this 10th day of September, 1959. "uetf,--Mayor ATTEST: Edna Oliver, City Clerk NO