Ordinance No. 580ORDINANCE N0: D
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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 WEST MURRILL STREET
FROM THE SOUTH PROPERTY LINE OF WEST LOBIT STREET TO THE
WEST PROPERTY LINE OF NORTH WHITING 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 OF-
FERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH
PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF
THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FIND-
ING 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 PRO-
PERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF
® FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PRO-
VIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFI-
CATES 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. 536, enacted on April 30, 1959, determined the necessity for
and ordered the improvement of West Murrill Street from the South property line
of West Lobit Street to the West property line of North Whiting Street, by the
construction thereupon of a cement stabilized shell base, with asphaltic con-
Crete wearing surface and concrete curbs and gutters in the manner and where the
City Engineer determines, all as provided by the Plans and Specifications herein-
after referred to; heretofore 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 West Murrill Street, the City Council, in behalf of the City of Bay-
town, has heretofore 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 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
0 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
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WHEREAS, by Ordinance dated January 28, 1960, the City Council of the City
of Baytown ordered that a hearing be given to the real and true owners of proper-
ty abutting upon the said West Murrill Street within the limits specified, and
unto all persons owning or claiming any such abutting property or interest there-
in, 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 there-
of, and as to the special benefits to such abutting property and the owners there
of 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 assess-
• ments, 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 25th day of February, 1960, at which time all persons firms, corporations or
estates owning or claiming any such abutting property, and their agents or attor-
neys or persons interested in said proceedings might appear in person or by coun•
sel 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 provido
for and in accordance with the terms and provisions of Chapter 106 of the Acts o:
the First Called Session of the Forteith Legislature of the State of Texas, know.
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 a newspaper of general circulation in the Ci
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 respecti
owners of the varbous and sundry parcels of property abutting upon said portion
West Murrill Street, to their respective, usual, or best mailing addresses; saic
notice as so given having described the nature of the improvements for which as:
essments were proposed to be levied and to which said notice related, having st:
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 prop
ties on said portion of said street with reference to which the hearing mention
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in said notice was to be held, and having stated the estimated total cost of the
improvements 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 ful-
ly 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 February 25, 1960, 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 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 and the following statements and testimony were
given, to -wit:
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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, quality and other matters con-
nected with said improvements, contract and assessments having been heard, con-
sidered 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 objections or to offer tes-
timony and having examined and considered all evidence, matters and testimony
offered, and having found that said published notice is valid and is in full ac-
cord with the requirements of law; and
WHEREAS, 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 liens against the properties 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; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Benefit Hearing be closed and that such City Council
finds that each and every parcel of property abutting upon West Murrill Street
within the limits defined 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 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 West Murrill Street
in the City of Baytown have been duly and regularly had in compliance with the
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law; that all prerequisites to the entering into said contract for such work and
IS improvements and all prerequisites to the fixing of the assessment liens against
the properties hereinafter listed and the personal liability of the respective
owners thereof, whether named or not, have been in all things performed and com-
plied 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 ass-
essed 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 constructing the improvements other than curbs and gutters; that adjust-
ment 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 equal-
40 ity of benefits received 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 assess-
ment 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
West Murrill 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
• 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 Forteith Legislature of the State of Texas, First Called
Session, Chapter 106, Page 499, being known and shown as Article 1105 -b of Ver-
non's Annotated Civil Statutes of Texas, there shall be and there is hereby le-
vied and assessed against the properties abutting upon said portions of said
street, and against the real and true owners thereof, respectively, the descrip-
tion 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 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 Statute:
of Texas aforesaid; and such assessments shall be collectible with interest ex-
pense 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 (30) days after the comple-
tion 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 at the rate of Six (6 %) percent
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 at once become due and payable at the option of said contractor, Gulf Bithu•
lithic Company, or its assigns; provided said property owner shall have the pri -.
vilege of paying any installments before maturity by payment of principal and ac-
® crued 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, which certificates shall be exe-
cuted 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 de-
clare 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 assessments
levied and shall declare the lien upon the respective properties and the liabilit
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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 compli-
ance 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 re-
squired.
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 certifi-
cates, to aid in the collection thereof.
Effective Sate: 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 the 25th day of February, 1960.
ATTEST:
C
Edna Oliver, City Clerk
R. H. Pruett, Mayor