Ordinance No. 699ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OW-
NERS OF PROPERTY ABUTTING UPON EAST JAMES STREET FROM THE
EAST PROPERTY LINE OF NORTH FIFTH STREET TO THE WEST PRO-
PERTY LINE OF STATE HIGHWAY NO. 146 (ALEXANDER DRIVE); IN
THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO AC-
CRUE 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;
OVERPULING 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 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 THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, has heretofore,
by Ordinance No. 679, enacted on April 25, 1963, determined the necessity for
and ordered the improvement of East James Street from the East property line
of North Fifth Street to the West property line of State Highway No. 146 (Alex-
ander Drive), by the construction of concrete curb and gutter, or its equivalent,
and appurtenances and incidentals to such improvement. all as provided by the
Plans and Specifications hereinafter 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 East James Street, the City Council, on behalf of the City of Baytown,
has heretofore entered into a contract with Walter M. Tischer Company, for con-
struction of said improvements; and
WHEREAS, the 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 hereto-
fore filed said estimates and a statement of other matters relating thereto wittr
said City Council and same have been received, examined and approved by said
governing body; and
WHEREAS, by Ordinance dated itugust 8, 1963, the City Council of the City
of Baytown ordered a Hearing be given to the real and true owners of property abut-
ting upon said _ East James StrPPt _— 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 assessments 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 ac-
curacy, sufficiency, regularity and validity of the proceedings and contracts in
connection 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, at 6:30 o'clock P.M. on the 22nd day of August, 1463, 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 pro-
ceedings 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, 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 re-
quired by law, has been properly given by publication of same in the Baytown Sun,
a newspaper published in said City of Baytown, Texas, on August, 13
August 15 W and August 12 said notice as so published having des-
cribed the nature of the improvements 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 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 improvements on said portions 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
-2-
WHEREAS, after due, regular and proper notice thereof, all as provided by law,
said Hearing, of which Notice was so given, was opened at 6:30 o'clock PON. on
August 22, 1963, 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:
WHEREAS, at said Hearing,all parties desiring or in any manner wishing to be
heard concerning any of the matters mention 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 improvement, contract and assessment 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 cor-
rected, and said City Council having heard evidence as to the special benefits to
-3-
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 con-
sidered all evidence, matters and testimony offered, and having found that said
notice as published and delivered by mail is valid and is in full accord with the
requirements of law; and
WHEE3US, 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 COU{1'CIL OF THE CITY OF BAYTOWN, TEXAS, IN MEETING
DULY ASSEMBLED;
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 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 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 streets in the City
of Baytown have been duly and regularly had in compliance with the law; that all
prerequisites to the entering into said contracts 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 curbF
and gutters and nine - tenths (9 /10) of the cost of constructing the improvements oth
-4-
than curbs and gutters; that adjustment and apportionment of costs among all pro-
perties 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 en-
hanced 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 contract between the City of Baytown
and Walter M. Mischer 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 said 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 and
there is hereby levied and assessed against the properties abutting upon said por-
tions of said streets and against the real and true owners threof, respectively, the
description of said properties and the apparent owners, respectively, and the amounts
so assessed, being:
(ASSESSMENT ROLL FOLLOWS)
-5-
F
=@gym
mom»
g�qH
�s
�q2®
mmm»
57 r�2
cIn
»
�gge
® q
2 nca
» 03 k
e
� »
m
PT) Rq
m
4b,l.
nIJ
k
k k
m
2
�
�
«
n
-
0
2
2
p
e
m
p
�
®
.n
Lh
;@
m
.o
®
I=
I(A
2 nca
» 03 k
e
� »
m
PT) Rq
m
4b,l.
nIJ
k
k k
m
2
�
�
0
m w
n to
v�
•o rri
%%
D
� ro
0 00
a o n
o
H
y
.
d ;
iC �
en
M =
+-+� =
o-A
w
O
En
F•
0
o
O
rf
m ►•h
th a
rn V
M
C7
CD
CD
K
o
pH
(7) n
nVA
1
ro
ro
H
r+
m
&
rt
ro
ro
ro
�+
x
pr
l i O o rA 0
O W C"L a n O 0 CA >
n w 0 cn F•+
A A. n W t•-+
n•
F-+
I
� z-+
1
�"i O•
O -i C� • O t-% " a
W O r• O r*
O W ►i h•
K P' w 0 0
O i- H
H iA r• o 0
N
O` N
r
fl
O *+. O W
Cs e+ t�• e+ •-i
H �Q �'• O
sC. tr r+ -3 o r+
CL *-+ Cr r* N
o. iA a, r+ CJl
!
I
r+ = m �+
�, . CD � r+ � ro r+ m
•e ro n
w - m c+
Q.
m � tD �+
CL a
w
w
1
M
n
�e co a. p
CL a ¢.
�'
9 m
�'
W a m
H w g O
n• (D
m
Ul
H ra
=
.[
CA !• j
O H 0
hi m
y ro
co 0
•
CD w o
a O c+
I.J. N 0 , 0
m sts r+
CG =
fl m O.
r• —j C . iD 0
rn . iv c+
'D O.
sn 0
p J--=
H A. Iro
O H
0W* CD O o
O sR
o
H tq
Cao ro:r o
H to
00 m c o
�7
fl• I� (D R
O A ro C
R. W ro O
O 1-% 0 fD 0
Q rh 0 ro it
'O
v, c3D. H
r- t4 o • r+
u, W • r+
K • `�
c+
r+ o-
ay
O}-75
r+
CD m
`ri c+
t0 O r+
O e'*
O r+
C-4 0
C �
r�
V
any
yy
to r+
m tC S
top :3
H m ►••to cr
ro t4
H w ra
H �' tm o•
C m
H m
0 R.R tF+
iVQ.m
w0�m
smc p, �m
Cro
CD NCO CD
0.
CD
y�
a
wWm
CA W N 5
,5C7CCD
in L9 O r/t
10'
1 •
• cD r+ 1 •
#
N C'"J
N iji
1 •
• 1 � 1
ro r
O
Y
N
W
co
CD
O`
H
"o
C
G]
N
N
N
N
N
N
N
•
•
•
.Ct
•
.C1
•
`Q
No
t!1
Z`
VJ
z
H
O
Q
p
p
H
0
10
C l
W
O
C7
Q
•
0
0
{r��1
C�
t,i�
O
Ott
roll. 0
Q�
rro+
v
�
W
N
�
�
W
W
I
1
y
•tNn
cn
H
CJ�
a I
W
vi
ul
4h
-4
co
F
;'
L8
w
S
m
cn
F4
O
.o
W
W
a-
to
W
W
N
ED
c�
y
0 .
•
'4
CL
O
o �
�
p c9D
Crb�+
CD
c
o VJ
�
�
X
v w
7t
C+7
r,,,
1--'
y
r{ h j
♦ H
i17 tD
CL
r+
L-4
:A
:� W
rte• (D
ix7
•
PO
y.�
'C
JC •
�+
x •
�+ A?
d F•'
►j
D
A3
CD
iA
O
co
c+ V)
o
C7
sec e+
(D 0•
r►
p rn-o
+-
cu
a
m w
pi
CO
1—
D
m
H
ro to
H
cD •v
cD '0
w
C
CD
0
0
o CD m
' e
m
x
O
CD cD
a
CD m
r-+
c-r cD
cn
`C
r+
r+ X,
9
C w
M.
6 M
w
O ri
CO
Q7 O
fD
O
CD
O
cD
CD
cD
O CD
e+
r+
O
c+
p
O
C.
•
Na
n
i n
O
Ul
C.
t
r
Od 4
CL N tr + P-1
H
N
N
N
N
N
N
N
T
0, C
•`
D h
n
CrnC/"l
M CD CL
m
1
Cxi
mi
Gz �
a
O
H
�--
0 Q
co O O
r
r✓
W
N
N
—4
.O
.O
1D
�O
•O
�
10
—i
-4
CA
Co woo i
cl
C,
C,
W
W
W
W
W
W
W
F
r—
v r r— w
H
rl iv cv
y
O.
(n
CL
O
tq
p c9D
Crb�+
CD
c
O +D
D
O D
{{��
O �
A D
O �
sec e+
(D 0•
r►
p rn-o
��pp
�
�+• (D to �:r
H
ro to
Hw
Nm
x
CL
�7C
�
r-+
H
r•-i
)--4
r+
r-+
9
C w
0
tn
�+
O
m
O
O
H C
N
N
N
N
N
N
N
N
N
N
Cxi
mi
�--
r�
r
r✓
W
N
N
—4
.O
.O
1D
�O
•O
�
10
—i
-4
CA
cl
C,
C,
�
Ol
S
i
•
W
O
O
N
o^
H
P-
N
N
N
N
i
i
i
•
H
O
rN�
O
tN�Nn
O
O
S
S
S
S
S
S
COP
H
N
N
N
N
N
N
ND
H
(Un
10
TH
ell
S
S
S
rn
,4
h
O
cD
T
"C
X . eF +
x
@
vm
0
:nrM
ola �'.a
M 1
rn
7 a'i w• h �'+
� H
+
N N N
N
�H
Ln
H
'O
H
W W W
W
Ckl
�
O
's}
Q
H
O O O
O
� •o
H
C
2
N N N
N
to
En
.p CO
•O
CIS
rA
N N N
N
�O 10
10
y
N
W
Q C> O
O
`7 'n
G�
W W W
G9
C
Cn CT+ GFi
CA
U)
S S S
S
H
S
z
m
U F
o
W
�n>
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 afore-
said; and such assessments shall be collectible with interest, expense of collection
and reasonable attorneys' fees, if incurred, and shall be first and prior liens on
the properties assessed, superior to all other liens and claims except state, coun-
ty, 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 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 in-
stallment 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 City of
Baytown „ Texas - - - - - 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 se-
curing 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 City of Baytown, or assigns, upon com-
pletion 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 City of Baytown or assigns; said certificates shall declare
the said amounts, and the time and terms of payment 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
11.11
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 City of Baytown or assigns, being the owner and holder thereof,
the whole of said assessment shall become at once due and payable and shall be col-
lectible 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 compliance
with the law, and that all prerequisites to the fixing of the assessment liens
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: 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 Bay-
town, Texas.
INTRODUCED, MEAD and PASSED by a majority of the City Council of the City
of Baytown, Texas, on this the 22nd day of August, 1963.
ATT EST :
r�
L[Edna Oliver, City Clerk
APPROVED:
Geo a Chandler, City attorney
-7-
L. (Lee) Liggett, M.D., Mayor