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Ordinance No. 563ORDINAI`iCE NO. 43
a `T I7N
ikN ORDINANCE OF THE CITY COUNCIL OF THE CITY O DiVI 0 ,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AM TRUE, O1'N-
ERS OF PROPERTY ABUTTING UPON NORTH AND SOUTH HAIN S"TP,EET
FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO THE SOUTH
PROPERTY LINE OF REPUBLIC STREET, IN THE CITY OF BAYTOCIN,
TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF TfiE
IiIPROVEP1ENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,
REGULARITY AND VALIDITY 017 THE PROCEEDINGS AND COWRACT
IN CONNECTION VITH SAID IMPOST TENTS, A OVER iAS GSSINTS
THE TO BE LEVIED COVERING T
D°i'iING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND .
DETERMINING SPECIAL
INENEFIT OF THE iIAC10UNT OFFTIIE PROPERTY AL�
THE 01YNERS THEREO
ASSESS6E NT AGAINST SAME; FINDING THE REGULARITY OF ALL PRO -
CEEDINGS AND TIME PERFORMANCE OF ALL PREREQUISITES TO FIXING
THE ASSESSMW LIENS AND THE PERSONAL LIABILITY OF THE PRO -
PERTY OIRMS; LEVYING ASSESSIENTS, FIXING CHARGES APB LIENS
AGAINST SAID PROPERTIES ABUTTING SAID STREET AND TILE TRUE
OUNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IM1-
• PROVEMKS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
?.JEW CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
11IHEREAS, 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 (Hain Street within the limits indi-
cated, to -tvit:
NORTH AND SOUTH MAIN STREET, from the South
property line of Fayle Street to the South
property line of Republic Street,
by repairing existing concrete base, refacing existing curb and clutter, and
resurfacing rfacin With hot mix asphaltic concrete, as deemed necessary by the City
Engineer, in accordance with Plans and Specifications prepared by the City Engi-
neer, and approved by said City Council, and
UTIEREAS, by virtue of its low bid for construction of such improvements
on the said North and South [fain Street, the City Council, in behalf of the
City of Baytown, has heretofore, on June 11, 1959, entered into a contract with
Gulf Bithulithic Company, for construction of said improvements, and
I%IERCAS, said City Council has caused the City Engineer to prepare and
file estimates of the costs of such improvements and es-,:imates of the amounts
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 estimates and a statement of other matters relating there-
to with said City Council and same have been received, examined and approved
by said governing body, and
WHEREAS, by Ordinance dated October 22, 1959, the City Council of the City
of Baytown ordered a Hearing-be given to the real and true owners of property abut-
ting upon said North and South Main 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 mat-
ters as to the assessments 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
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 7:00 o'clock P.M. on the 12th
day of November, 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
I,MEREAS, said ordinance further ordered and directed the City Clerk of the
City of Baytoi %.n, 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
• MEREAS, said Notice, as ordered and directed by said City Council and as
required by law, has been properly given by publication of same in the Baytown
Sun, a newspaper published in said City of Baytown, Te:.as, on ,
and said notice as so published having des-
cribed 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 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 said
• portions of slid street, and having stated the time and place at which said hear-
jng should be heed, and said notice having in all respects fully met and complied
with all provisions of law requisite and pertinent thereto; and
-2-
I•
MEREAS, after due, regular and proper notice thereof, all as provided
by,law,-said Ilearing, of which Notice was so given, was opened at 7:00 o'clock
pJ-1. on November 12, 1959, at the City Hall in the City of Baytown, Texas, pursu-
ant 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 as to all matters in connection with such ordinances and Notice, at which
time the following appeared the the following statements and testimony were given,
to -wit:
4,IIEREAS, 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 improvement, contract and assessment and the
amounts thereof, were heard, and all matters as to the accuracy, sufficiency, re-
gularity and validity, and all matters of error, quality and other matters connecte,
-3-
•
with said improvement, contract and assessments having been heard, considered 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 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 ex-
amined and considered all evidence, matters and testimony cffered, and having
found that said published notice is valid and is in full accord with the require-
ments of law; and
MEREAS, all proceedings with reference to making the improvements above
mentioned have been regularly had, in compliance with the law, and all prerequi-
sites to the fixing of the assessment lien against the prcperties hereinafter
• listed and the personal liability of the respective owners thereof have been per-
formed, 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 pro-
perties, whether correctly named or not, all as provided by law, NOU, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOUN:
Section 1: That the Benefit Hearing be closed and that such City Council
finds that each and every parcel of property abutting upon said street within the
limits defined will be enhanced in value and specially benefitted in an amount in
excess of the amount of the costs of said improvement 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 said 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
properties hereinafter lis-ted 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 c.he costs of the con-
struction of curbs and gutters and nine - tenths (9 /10ths) of the cost of constructii
-4-
•
•
the improvements other than curbs and gutters; that adjustment and apportionment
of costs among all properties and the owners thereof have been node in full com-
pliance 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 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 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
said street in the City of Baytown, and in pursuance of the above - mentioned con-
tract between the City of Baytown and Gulf Bithulithic Compai,y, 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 Fortieth Legislature of the State of Texas, First Called Session, Chapter 106,
Page 499, being [mown and shown as Article 1105 -b of Vernon's Annotated Civil Sta-
tutes 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. -
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Section 4: That said several amounts, together with interest, expense
of collection, and reasonable attorney's fees, if incurred. shall be, and the
some are hereby. & clared to be a first and prior lien on and against said respec-
tive 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 tie 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 assessments shall be collectible with inter-
est, expense of collections and reasonable attorney's 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 liabi-
lity and charges against the said owners of the property assessed; that said sums
so assessed shall be payable as follows: - To -wit: Either all in cash or in ten
(lo) equal annual installments, one to be due and payable thirty (30) days after
the completion and acceptance of said improvements by said City, and another in a
like amount to be due and payable in one (1), two (2), three (3), four (4), five
(5), six (6), seven (7), eight (8), and nine (9) years, respectively, from and af=
ter said date of acceptance, together with interest from date of such acceptance
at the rate of five and one -half (519) percent per annum, payable annually; pro-
vided, however, that property owners shall have the option of payment of any one
or all of said installments at any time prior to maturity by payment of principal
and accrued interest. Such certificates shall provide that i.n event of default in
payment of any installment when due, whether of principal or interest, the whole of
• such certificate may be declared due at the option of the said contractor, Gulf
Cithulithic Company. 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 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 certifi-
cates shall be issued by the City of Baytown to the Contractor, or assigns upon
completion and acceptance of said improvements.,j&ich certificates shall be exe-
cuted by the Mayor and attested by the City Clerk with the corporate seal affixed.
• and 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 iden-
tify same, and same shall contain the name or names of the apparent owners thereof.
A
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
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 prerequisites to the fixing of the assessment lien against the property
described and the personal liability of the owner or owners thereof have been per-
formed, which recitals shall be evidence of all the matters recited in said certifi-
cate, 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 fron 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
40 Baytown, on this 12th day of November, 1959.
. H. Pruett, f.ayor
ATTEST:
Edna Oliver, City Clerk
U
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twee 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 prerequisites to the fixing of the assessment lien against the property
described and the personal liability of the owner or owners thereof have been per-
formed, which recitals shall be evidence of all the matters recited in said certifi-
cate, 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 fron 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
40 Baytown, on this 12th day of November, 1959.
. H. Pruett, f.ayor
ATTEST:
Edna Oliver, City Clerk
U
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