Ordinance No. 582ORDINANCE NO. •1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PRO-
PERTY ABUTTING UPON FOREST STREET FROM THE WEST PROPERTY LINE OF
NORTH MAIN STREET TO THE EAST PROPERTY LINE OF NORTH PRUETT ST.,
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 CON-
TRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS
TO BE LEVIED COVERING THE COST THEREOF; OVERRULING FIND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL
BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EX-
CESS 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 PROPERTIES ABUTTING SAID STREET
AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF
THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
MENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVID-
ING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, has heretofore,
by Ordinance No. 548, enacted on June 25, 1959, determined the necessity for
and ordered the improvement of Forest Street from the West property line of
North Alain Street to the East property line of North Pruett Street, by the con-
struction 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
0 referred to; heretofore prepared and filed by the City Engineer and approved by
the City Council; and
WHEREAS, by virtue of its low bid for construction of such improvements
on the said Forest Street, the City Council, in behalf of the City of Baytown,
has heretofore entered into a contract with Gulf Bithulithic Company, for con-
struction 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
is 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
a
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WHEREAS, by Ordinance dated January 26, 1960, the City Council of the
City of Baytown ordered that a hearing be given to the real and true owners of
property abutting upon the said Forest 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
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 provide
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 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 portions of Forest Street, to their respective, usual, or best mailing ad-
dresses; 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 relateG
having stated the portion of said street to be improved, the estimated'amour.ts
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
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hearing mentioned 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 fully 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 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 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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• er
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 assess-
ments 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 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 Council having given a full and fair hearing
• to all parties 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 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
assessment 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 Forest 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 pro-
tests should be, and the same are hereby, overruled and denied.
• Section 2: The City Council finds and declares that all proceedings wi;J,
reference to the making of improvements as herein stated on Forest Street in the
City of Baytown have been duly and regularly had in compliance with the law;that
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•
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 listed 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 inter-
ested 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 constructing the improvements 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 imposed and that the special benefits to each par-
eel 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
Forest Street in the City of Baytown, and in pursuance of the above mentioned
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 Vernon's Anno-
tated 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 owners 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 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 Sta-
tutes of Texas aforesaid; and such assessments shall be collectible with interest
expense 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 an-
nual installments, one installment due and payable thirty (30) days after the
completion 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, up-
on such default, shall at once become due and payable at the option of said con-
tractor, Gulf Bithulithic Company, or its 4ssigns; 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, up-
on completion and acceptance of said improvements, which certificates shall be
executed by the Mayor and attested by the City Clerk with the corporate seal af-
fixed and shall be payable to said contractor or assigns; said certificates shalt
declare the said amounts, and the time and terms of payment thereof, the rate oT:
interest payable thereon, the description of the respective properties against
which the aforementioned assessments have been levied, sufficient to identif=y
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 liabil+
-7-
ity of the true owner or owners thereof, whether correctly named or not, and shall
IS provide that if default be made in the payment thereof, same shall be enforced by
a suit in any court having juridsiction.
Awd 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 I ien-
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 certifi-
cates, 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.
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:
•
Edna Oliver, City Clerk
,� ,,,C;
R. H. Pruett, Mayor