Ordinance No. 581r1
LJ
ORDINANCE
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 LIVE OAK AVENUE FROM THE EAST PROPERTY
LINE OF PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH COM-
MERCE STREET, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENE-
FITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO
THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PRO-
CEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND
THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRUL-
ING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; 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; FINDING 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 ASS-
ESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUT-
TING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART
OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND
0 PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, has heretofore, by
Ordinance No. 557, enacted on September 10, 1959, determined the necessity for and
ordered the improvement of Live Oak Avenue from the East property line of Pruett
Street to the West property line of North Commerce Street, by the construction
thereupon of a cement stabilized shell base, with asphaltic concrete wearing sur-
face and concrete curbs and gutters in the manner and where the City Engineer de-
termines, all as provided by the Plans and Specifications hereinafter referred to;
heretofore prepared and filed by the City Engineer and approved by the City Coun -
® cil; and
WHEREAS, by virtue of its low bid for construction of such improvements on
the said Live Oak Avenue, the City Council, in behalf of the City of Baytown, 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 im-
proved and the true owners thereof, and said City Engineer has heretofore filed
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
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 property
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r
abutting upon the said,.Live Oak avenue 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 property and the real and true owners thereof, and as to the spe-
cial 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 accur-
acy, sufficiency, regularity and validity of the proceedings and contracts in con-
nection 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 25th day of February,
1960, at which time all persons, firms, corporations or estates owning or claiming
y
an 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 facts 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 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 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 portion of
Live Oak Avenue, to their respective, usual, or best mailing addresses; said notice
as so given having described the nature of the improvements for which assessments
were proposed to be levied and to which said notice related, having stated the por-
tion 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 improve-
menus on said portion of said street, and having stated the time and place at whic
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
-3-
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 Q.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 Ii
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:
E
•
•
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-4-
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 spe-
cial benefits to said abutting property and each parcel thereof and to the respect-
ive owners thereof, in the enhanced value of said property by means of such im-
provements, and said City Council having given a full and fair hearing to all par-
ties 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
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 asses
ment;: 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 BAYTOWN:
Section 1: That the Benefit Hearing be closed and that such City Council
finds that each and every parcel of property abutting upon Live-,Oak-Avenue 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 protes`.s
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 Live Oak Street in
the City of Baytown have been duly and regularly had in compliance with the law;
. • •
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perties hereinafter listed and the - personal liability of the respective ownerw ther
of, 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 abut-
ting 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 im-
provements 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 ir-
® posed and that the special benefits to each parcel of property and the owner there-
of 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 passe
by the City Council of the City of Baytown relating to the improvement of Live Oak
Avenue in the City of Baytown, and in pursuance of the above mentioned contract be-
tween the City of Baytown and Gulf Bithulithic Company, the estimates, reports,
lists and statements of the City Engineer, and the notice and hearing aforesaid,
®
that all prerequisites to the
entering into
said
contract for such
work and improve
Forteith Legislature
ments and all prerequisites to
the fixing of
the
assessment liens
against the.pro'=
perties hereinafter listed and the - personal liability of the respective ownerw ther
of, 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 abut-
ting 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 im-
provements 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 ir-
® posed and that the special benefits to each parcel of property and the owner there-
of 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 passe
by the City Council of the City of Baytown relating to the improvement of Live Oak
Avenue in the City of Baytown, and in pursuance of the above mentioned contract be-
tween 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
No. 999, being known and shown as article 1105 -b of Vernon's annotated Civil Statut
of Texas, there shall be and there is levied and assessed against the properties
abutting upon said portions of said street, and against the apparent owners, res-
pectively, and the amounts so assessed, being:
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-6-
• 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 Statutes
of Texas aforesaid; and such assessments shall be collectible with interest expens(
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, ex-
cept 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 assess'F;
shall be payable as follows, to -wit: In Six (6) equal annual installments, one in-
stallment due and payable thirty (30) days after the completion of said improvemen-
and the acceptance thereof by the City Council of the City of Baytown; the succeed-
ing installments due one, two, three, four and five years from and after the time
of such acceptance at the rate of Six (676) percent per annum, payable annually, an(
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 Bithulithic Company, or its assigns; provid
said property owner shall have the privilege of paying any installments before ma-
• turity 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, 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 decla%
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 sari,
shall contain the name or names of the apparent owners thereof.
Said certificates shall further set forth and evidence the assessments levic
and shall declare the lien upon the respective properties and the liability of the
-7-
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 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 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 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 certificate
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 Baytowri..
INTRODUCED, READ and PASSED by a majority of the City Council of the City of
Baytown on this the 25th day of February, 1960.
R. H. Pruett, Mayor
Edna Oliver, City Clerk