Ordinance No. 588i
ORDINANCE NO. 588
AN ORDINANCE OF THE CITY COUNCIL OF TIE CITY OF
BAYTOWN, TEXAS; CLOSING THE HEARING GIVEN TO THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON
CARNEGIE 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 PRO-
CEEDINGS AND CONTRACT IN CONNECTION WITH SAID
IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED
COVERING THE COST THEREOF; OVERRULING AND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETER-
MINING 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 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 ASSESSMENT CERTIFICATES 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 its Ordinance No. 551 duly enacted on July 9,
1959, as amended by its Ordinance No. 584 duly enacted on
February 25, 1960, determined the necessity for and ordered the
iimprovement of Carnegie Street within the limits indicated,
to-wit:
CARNEGIE STREET - from the south property line of
Lindberg Street to the north property line of the
Missouri Pacific Railroad right of way.
by raising, grading, filling, widening, permanently paving or
repaving same by the construction, reconstruction, repairing and
realigning concrete curbs and gutters in the manner and where the
City Engineer determines that adequate curbs and gutters are not
now installed on proper grade and line, and by construction of
such drains and other incidentals and appurtenances as deemed
• necessary by said Engineer, said improvements to be in accord-
ance with the Plans and Specifications which have heretofore been
• •
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 Carnegie Street, the City Council, in
behalf of the City of Baytown, has heretofore entered into a con-
tract with Brown & Root, Inc., for construction d said improve-
ments; 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 heretofore
filed said estimates and a statement of other matters relating
thereto with said City Council and same have been received, exam-
ined and approved by said governing body; and
WHEREAS, by resolution dated February 25, 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
Carnegie Street within the limits specified, and unto all per-
sons 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 the 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 con-
nected 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 24th
day
of March, 1960,
at which time all persons, firms, corpora-
tions or estates owning or claiming any such abutting property,
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• 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 Acts of the First
Called Session of the Fortieth Legislature of the State of Texas,
knownand shown as Article 1105 -b of Vernon's Annotated Civil
Statutes of Texas; and by mailing (by first class mail, postage
prepaid) a copy of substantial copy of the notice so published
or to be published addressed to the respective owners of the
various and sundry parcels of property abutting upon said street
at their respective usual and best mailing addresses; and
WHEREAS said notice, as ordered and directed by said City
Council and as required by law, has been properly given by pub-
lication of same in The Baytown Sun, a newspaper published in
said City of Baytown, Texas, said notice having been further
given by mailing, by first class mail postage prepaid, of sub-
stantial copy of said notice to the respective owners of the
various and sundry parcels of property abutting upon said street
• to their respective usual and best mailing addresses; 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 March 24, 1960, at the City
Hall in the City of Baytown, Texas, pursuant to the notice herein -
above 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 ordinance and notice, at which time the following
0 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 con-
nected 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, equality and other matters connected with said improve-
ments, 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 haAng 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, mat-
ters 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 compli-
ance 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 upon completion of said improvements and accept-
ance 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 named or not, all as provided by law; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
• Section 1. That the benefit hearing be closed and that
such City Council finds that each and every parcel of property
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i abutting upon Carnegie 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 with reference to the making of improvements as
herein stated on Carnegie 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 improvements and all prerequisities 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
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 (9/10) 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 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.
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Section 3. That in pursuance of said ordinances hereto-
fore adopted and passed by the City Council of the City of
Baytown relating to the improvement of Carnegie Street in the
City of Baytown, and in pursuance of the above mentioned con-
tract between the City of Baytown and Brown & Root, Inc., 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 Fortieth
Legislature of the State of Texas, First Called Session,
Chapter 106, page 499, being known and shown as Article 1105 -b
• of Vernon's Annotated Civil Statutes of Texas, there shall be
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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:
( INSERT ASSESSMENT ROLLS HERE)
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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 Statutes
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 liabili-
ties and charges against the said owners of the property assessed;
that said sum so assessed shall be payable as follows, to -wit:
In six equal annual installments, one installment payable within
thirty days after the completion of said improvements and the
acceptance thereof by the City Council of the City of Baytown;
one installment one year from the date of such acceptance; one
installment two years from the date of such acceptance; one
installment three years from the date of such acceptance; one
installment four years from the date of such acceptance; and one
installment five years from the date of such acceptance, with
interest thereon from such date of acceptance at the rate of
six per cent (6 %) 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,
Brown & Root, Inc., or its assigns; provided said property
owner shall have the privilege of paying any installments be-
0 fore maturity by payment of principal and accrued interest.
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® 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 pay-
ment, and to aid in the enforcement thereof, assignable certi-
ficates shall be issued by the City of Baytown to the contractor,
or assigns, upon completion 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 theron, 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 liability 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 con-
tractor 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 reason-
able 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
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• property described and the personal liability of the owner or
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owners thereof have been performed, which recitals shall be
evidence of all the matters recited in said certificates 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
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 24th day of March, 1960.
AT T:
i y Mrk
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