Ordinance No. 642• 0
WHEREAS, by its Ordinance No. 638, enacted on November 14, 1961, the City
Council of the City of Baytown determined the necessity for and ordered the im-
provement of West Main Street; the description of the portion of said street be-
ing further set out in the assessment roll herein contained in Section 3, by widen-
ing the existing twenty (20') foot concrete slab street to fifty -one (51') feet
back to back of curb, by using cement stabilized shell base, asphaltic concrete
surfacing; curb and gutter, and other incidentals, all as provided by the plans and
specifications heretofore prepared and submitted to the City Council by the City
Engineer and approved and adopted; and
WHEREAS, said City Council has caused the City Engineer to prepare and file
an estimate of the cost of such improvement and an estimate of the amount per front
foot proposed to be assessed against the abutting property and the true owner there.
of, and said City Engineer has heretofore filed said estimate and a statement of
other matters relating thereto with said City Council and same has been received,
examined and approved by said governing body; and
WHEREAS, by virtue of its Low bid for construction of such improvement on
said street, the City Council, on behalf of the City of Baytown has heretofore
entered into a contract with Brown & Root, Inc. for construction of said improve-
ment; and
WHEREAS, by its Ordinance No. 639, enacted on December 14, 1961, the City
Council of the City of Baytown ordered that a hearing be given to the real and true
owners of property abutting upon said portion of said street 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 the assessment and as to the amount 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 improvement, for which special assessments are to be lev-
ied, and as to the special benefit to each abutting property and the owners thereof
by means of said improvement, for which special assessments are to be levidd, and'
as to the accuracy, sufficiency, regularity and validity of the proceedings and
contract in connection with said improvement 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 11th day of
January, 1962, at which time all persons, firms, corporations or estates owning or
claiming any such abutting property, and their agents or attorneys or persons in-
terested in said proceedings might appear in person or by counsel and offer evi-
dence; and
ORDINANCE NO. (O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING
THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON
WEST MAIN STREET (FORMERLY KNOWN AS GOOSE- CREEK - PELLY ROAD) FROM THE
WEST RIGHT -OF -WAY LINE OF MCKINNEY STREET (7TH STREET), ALSO BEING THE
EAST LINE OF BLOCK SEVEN (7) OF JONES_ ADDITION TO THE CITY OF PELLY (NOW
BAYTOWN), TO A POINT SIXTY -FIVE (65') FEET WESTERLY FROM THE WEST LINE OF
ALLMAN STREET (6TH STREET), IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL
BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE
OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARI-
TY AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID
IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH;
OVERRULING 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 ASSESSMENT AGAINST SAME; FINDING
THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES
TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY TO PROPERTY OWN-
ERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY
ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART
®
OF THE COST OF THE IMPROVEMENT WITHIN THE LIMITS DESCRIBED; PROVIDING FOR
THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR
COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, by its Ordinance No. 638, enacted on November 14, 1961, the City
Council of the City of Baytown determined the necessity for and ordered the im-
provement of West Main Street; the description of the portion of said street be-
ing further set out in the assessment roll herein contained in Section 3, by widen-
ing the existing twenty (20') foot concrete slab street to fifty -one (51') feet
back to back of curb, by using cement stabilized shell base, asphaltic concrete
surfacing; curb and gutter, and other incidentals, all as provided by the plans and
specifications heretofore prepared and submitted to the City Council by the City
Engineer and approved and adopted; and
WHEREAS, said City Council has caused the City Engineer to prepare and file
an estimate of the cost of such improvement and an estimate of the amount per front
foot proposed to be assessed against the abutting property and the true owner there.
of, and said City Engineer has heretofore filed said estimate and a statement of
other matters relating thereto with said City Council and same has been received,
examined and approved by said governing body; and
WHEREAS, by virtue of its Low bid for construction of such improvement on
said street, the City Council, on behalf of the City of Baytown has heretofore
entered into a contract with Brown & Root, Inc. for construction of said improve-
ment; and
WHEREAS, by its Ordinance No. 639, enacted on December 14, 1961, the City
Council of the City of Baytown ordered that a hearing be given to the real and true
owners of property abutting upon said portion of said street 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 the assessment and as to the amount 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 improvement, for which special assessments are to be lev-
ied, and as to the special benefit to each abutting property and the owners thereof
by means of said improvement, for which special assessments are to be levidd, and'
as to the accuracy, sufficiency, regularity and validity of the proceedings and
contract in connection with said improvement 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 11th day of
January, 1962, at which time all persons, firms, corporations or estates owning or
claiming any such abutting property, and their agents or attorneys or persons in-
terested in said proceedings might appear in person or by counsel and offer evi-
dence; and
x
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, 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: December 27 1961 December 29, 1961.and January-1. 1962. 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 pre-
paid, 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 Wdst Main
Street, to their respective, usual, or best mailing addresses; said notice as so
given having described the nature of the improvement for which assessments 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 proposed to be
® assessed against the owners of abutting property and such properties on said por-
tion of said street with reference to which the hearing mentioned in said notice
was to be held, 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 p.m. on
January 11, 1962, 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:
---- o-- 0- -o - - --
Mayor Al Clayton opened the benefit hearing and stated briefly the
purpose thereof, then called upon the City attorney, George Chandler,
to preside at the hearing. City attorney Chandler then called upon
Mr. Robert "Bob" Beverly, who stated, in response to questions of Mr.
Chandler, that he had been a resident of Baytown for the past nine
years, and during that time had been engaged in the real estate busi-
ness in said City; that his duties in said business were the selling
and appraising-of real estate; that his business required him to be
familiar with real estate values in the City of Baytown, and that he
was familiar with the properties and values thereof abutting upon
West Main Street relative to this benefit hearing; that he was also
familiar with the nature and costs of the proposed improvements to
be constructed upon said street and that, in his expert professional
opinion, all of the proposed improvements, would result in the pro-
perties being enhanced in value in amounts exceeding'the costs of
such improvements as shown by the Engineers Schedules contained in the
published notice of this hearing.
City Attorney Chandler then inquired as to whether there were parties
present who desired to be heard regarding the proposed improvement,
whereupon, no property owner appearing and desiring to be heard, the
benefit hearing was ordered closed.
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WHEREAS, at said hearing, all parties desiring of 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,equality and other matters connected with said
improvement, contract and assessments having been heard, considered and corrected,
and said City Council having heard evidence as to the special benefits to said abut-
ting property and each parcel thereof and to the respective owners thereof, in t.he'
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 accord with the requirements of law; and
WHEREAS, all proceedings with reference to making the improvements above men-
tioned have been regularly had, in compliance with the law, and all prerequisites
to the fixing of the assessment lien against the properties hereinafter listed and
the personal liability of the respective owners thereof have been performed, 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 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 said 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 improvement proposed to be assessed d
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 overruled and denied.
Section 2: The City Council finds and declares that all proceedings with re-
ference to the making of improvements as herein stated on said 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 prerequisites to the fixing of the assessment liens against the properties here-
inafter 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 pro-
perty 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
0 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
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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.
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 said street
in the City of Baytown, and in pursuance of the above mentioned contract 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 pow-
ers 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 as shown as
• article 1105 -b of Vernon's Annotated Civil Statutes of Texas, there shall be and
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there is hereby levied and assessed against the properties abutting upon said por-
tions 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 col-
lection, and reasonable attorneys' fees, if any incurred, shall be, and the same are
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 charges against
the said owners of the property assessed; that said sums so assessed shall be pay-
able 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 accept-
ance; 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 (6%) per cent 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 con-
tractor, Brown & Root, Inc., or its assigns; provided said property owner shall have
the privilege of paying any installment 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 completion
and acceptance of said improvements, which certificates shall be executed by the May-
or and attested by the City Clerk with the Corporate Seal affixed, and shall be pay-
able to said contractor or assigns; said certificates shall declare the said amounts,
is 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.
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• Said certificates shall further set forth and evidence tFie 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 op-
tion 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 reasonable attorney's fee, if incurred.
Said certificates shall further recite that the proceedings with reference to
Smaking 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 property described and the personal liability of the owner or owners
thereof have been performed, which recitals shall be avidence of all the matters re-
cited 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 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 the 11th day of January, 1962.
ATTEST:
Edna Oliver, City Clerk
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Al Clay on, Mayor