Ordinance No. 5680
ORDINANCE NO, 568
O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF THE PROPERTY ABUTTING UPON NORTH COtR]EME STREET
FROM THE NORTH PROPERTY LINE OF FOREST STREET TO THE SOUTH
PROPERTY LINE OF WILLIAM STREET, IN THE CITY OF BAYTO14N,
TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF PiE
IP,IPROVEMNI THEREOF, AND AS TO THE ACCURACY, SUFFICIER�CY ,
REGULARITY AND VALIDITY OF THE PROCEEDINGS AND,CONTRACT
IN CONNECTION WITH SAID IMPROVErENTS , AND THE .ASS: SSMERTS
TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND
DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING Alm
DETERNZINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY
AND THE 01'IIVERS THEREOF IN EXCESS OF THE AMDUNT OF THE
SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY
OF ALL PROCEEDINGS AND THE PERFORP-VINCE OF ALL PREREQUISITES.
TO FIXING THE ASSESSMNT LIENS ADD THE PERSONAL LIABILITY
OF THE PROPERTY OMERS; LEVYING ASSESSI:LENTS, FIXING CHARGES
AND LIENS AGAINST SAID MOPERTIES ABUTTING SAID STREET AND
THE TRUE MINERS THEREOF FOR PAYt -ENT OF PART OF THE COSTS OF
ME IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
ASSESSIMM CERTIFICATES AND THE TIAMER OF THEIR COLLECTION;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
•
11RIEREAS, the City Council of the City of.Baytown., Texas, has heretofore,
by Ordinance No. 535, enacted,on April 30, 1959, determined the necessity for
and ordered the improvement of North Commerce Street from the North property
line of Forest Street to the South property line of 1'tilliams Street, by the
construction thereupon of a cement stabilized shell base, with asphaltic concrete
wearing surface and concrete curbs and gutters in the manner and where the City
Engineer determines, all as provided by the Plans and Specifications hereinafter
referred to; heretofore prepared filed by the City Engineer and approved by the
• City Council; and
WHEREAS, by virtue of its loin bid for construction of such improvements
on the said North Commerce Street, the City Council, iu behalf of the City of
Baytown, has heretofore entered into a contract with Golf Bithulithic Company,
for construction of said improvements; and
IT EREAS, 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
street to be improved and the true owners thereof, and said City Engineer has
heretofore files 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
IMEREAS, by Ordinance dated November 12, 1959, the City Council of the City
of Baytown ordered that a: bearing be given to the real and true owners of property
• o
abutting upon the said North Commerce Street within the limits specified, and unto
all persons orining 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 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 he held at the City Hall of the City
of Baytown, Texas, at 7:00 o'clock P.E.I. on the 10th day of December, 1959, at which
time all persons, firms, corporations or estates orming or claiming any such abut-
IIJIiCiEAS, 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 Forteith Legislature . of the State of Texas, known
and shown as Article 1105 -b of Vernon's Annotated,Civii Statutes of Texas; and
I'IIJERCAS, 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 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
R
mail, posta0e prepaid, a copy or substantial copy of said notice to the respective
ormers of the various and sundry parcels of property abutting upon said portion of
North Commerce Street, to their respective, usual, or best mailing addresses; said
notice as so given hav Mg described the nature of the 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 pro-
posed 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 im-
0 provements on said portion 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
1t211
ting
property, and
their agents
or.attorneys or persons interested in said proceed-
ings
might appear
in person or
by counsel.and offer evidence; and
IIJIiCiEAS, 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 Forteith Legislature . of the State of Texas, known
and shown as Article 1105 -b of Vernon's Annotated,Civii Statutes of Texas; and
I'IIJERCAS, 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 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
R
mail, posta0e prepaid, a copy or substantial copy of said notice to the respective
ormers of the various and sundry parcels of property abutting upon said portion of
North Commerce Street, to their respective, usual, or best mailing addresses; said
notice as so given hav Mg described the nature of the 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 pro-
posed 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 im-
0 provements on said portion 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
1t211
\%
O
lEREAS, after due, regular and proper notice thereof, all as provided by
• law, said hearing, of tAlich notice rras so given, was opened at 7 :00 o'clock P.M.
on December 10, 1959, at the City Hall in the City of Baytown, Texas, pursuant to
the notice hereinabove referred to, at which tine opportunity teas given to all of
said referred to persons, firms, corporations, estates or other owners of such abut-
ting properties, their agents and attorneys, to be heard and to offer evidence as
to all matters in connection with such ordinances and notice, at vW ch time the
following appeared and the following statements and testimony were given, to -wit:
n
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n
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WIEREAS, 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 improvements, contract and assessments and the
amounts thereof, were heard, and all matters as to the accuracy, sufficiency, regu-
larity and validity, and all matters of error, quality 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 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 Coulicil having given a full and fair hearing to all parties making or de-
siring to malce 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
11.41MEAS, all proceedings with reference to malting 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
uponticompletion 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
nartied or not, all as provided by law: ND17, THER17ORE,
® BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOUV:
Section 1: That the benefit hearing be closed and that such City Council
finds that each and every parcel of property abutting upon North Main Street with-
in the limits defined will be enhanced in value and specially benefited in an amours..
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, overrulled and denied.
Section 2: The City Council finds and declares that all proceedings with
reference to the making of improvements as herein stated on North Commerce 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
11411
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improvements and all prerequisites to the fixing of the assessment liens against
the properties hereinafter listed and the personal liability of the respective own-
0 ers 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 - tenths (9 /10ths) of the cost of construct-
ing the improvements other than curbs and gutters; that adjustment and apportion-
ment 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 re-
ceived and burdens imposed and that the special benefits to each parcel of property
and the owner thereof in 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
North Commerce Street in the City of Baytown, and in pursuance of the above men-
tioned contract between the City of Baytown and Gulf Bithulithic Company, the esti-
mates, 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, rage 999, being known and shown as Article 1105 -b of Vernon's Annota-
ted Civil Statutes 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 oriners thereof, respectively, the description of said properties and
the apparent 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 attorneys' fees, if incurred, shall be, and the same are
0 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 of 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 chorges against
the said owners of the property assessed; that said sums so assessed shall be pay-
ceptance thereof by the City Council of the City of Baytown; the succeeding install-
ments due one, two, three, four and five years fron and after the time of such ac-
ceptance at the rate of Six (6%) percent per annum, payable annually, and if de-
fault shall be made in the payment of any interest or principal when due, the whole
of said assessment, upon such default, shall at once become due and payable at the
option of said contractor, Gulf Bithulithic 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 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 sane, and same shall
contain the name or names of the apparent owners thereof.
®`. 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 true owner or owners thereof, whether correctly named or not, and shall pro-
vide that if default be made in the payment thereof, same shall be enforced by a
able 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 ac-
ceptance thereof by the City Council of the City of Baytown; the succeeding install-
ments due one, two, three, four and five years fron and after the time of such ac-
ceptance at the rate of Six (6%) percent per annum, payable annually, and if de-
fault shall be made in the payment of any interest or principal when due, the whole
of said assessment, upon such default, shall at once become due and payable at the
option of said contractor, Gulf Bithulithic 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 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 sane, and same shall
contain the name or names of the apparent owners thereof.
®`. 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 true owner or owners thereof, whether correctly named or not, and shall pro-
vide that if default be made in the payment thereof, same shall be enforced by a
0 0
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 collect-
ible with interest, expense of collection and a reasdnable attorney's fee, if in-
curred.
Said certificates sham further recite that the proceedings -with reference
to making the improvements therein referred to have been regularly had in compliance
with the lacy, 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
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.
IWRODUCED, READ and. PASSED by a majority of the City Council of the City
of Baytown on this 10th day of December, 1959.
0
ATTEST:
I•
Edna Oliver, City Clerk
„7"
H. Prue t, i:Yayor
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.
IWRODUCED, READ and. PASSED by a majority of the City Council of the City
of Baytown on this 10th day of December, 1959.
0
ATTEST:
I•
Edna Oliver, City Clerk
„7"
H. Prue t, i:Yayor