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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. - • 0 L J 0 ra] Q` �-' O 'T1 CoLq WUl 'r!H tea) Ww • O � d k � � to aC N ►� r+ rt � N ri e+ � � � y M e* O p 0 2 C d 'o A � [s7 7p r-3 ►G O px ,.� e+ N r o fA � � ►°r � CD c oa c"' �H r3Cn y7 HQ� H� H U CD O +a R7 r• i�7 6A �.�i. w N. 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(D NW '�f O CA R (D ro R o. e+ rn m c c • t C 2 O R10 rR5W.O'• H QO C+ da •-' '' O H H �-+ H [D M (D V1 (D n ro+ m O y N (D II R II O e+ m H moon H M O� (D A Y O go tr ITI rn 0 0 w . pr R (D '= H (D c+ e+ 03 (D ca M M n e'F R N . w ro (D a { • W G o (°n e+ ( r�O-i d M W o v' W w o A � Colo cn O (D N O j! u • • 0 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 -7- 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 -7-