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Ordinance No. 709M
ORDINANCE NO.
: =►N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEX,IS , CLOSING THE HEARING GIVEN TO THE RE,iL AND TRUE OWN-
ERS 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, r ►S 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 �,SSESSMP,NTS TO BE LEVIED COVERING THE COST THEREOF;
OVERRULING AND DENYING r►LL 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 iSSESSIIENT ,LGAINST SAME; FINDING THE REGULARITY
OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES
TO FIXING THE :iSSESSMENT LIENS iND THE PERSONAL LIABILITY
OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES
AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET :►ND
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.
WMEAS, 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 (Alexander Drive),
by the construction of concrete curb and gutter, or its equivalent, and appurten-
ances and incidentals to such improvement, all as provided by the Plans and Speci-
fications hereinafter referred to, heretofore prepared and filed by the City Engineer
and approved by the City Council; and
IMREAS, by virtue of its low bid for construction of such improvements
on the said East .lames Street, the City Council, on behalf of the City of Baytown,
has heretofore entered into a contract with Walter M. Mischer Company, for construe-
tion 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 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
WHEREiS, by Ordinance dated September 25, 1963, the City Council of the City of
Baytown ordered a Hearing be given to the real and true owners of property abutting upon
said East dames 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 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 accuracy, sufficiency, regularity and validity of the proceedings
a,nd 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.I. on the 10th day of October, 1963, at
which time all persons, firms, corporations or estates owning or claiming any such abut-
ting 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 ac-
cordance 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 law, has been properly given by publication of same in the Baytown Sun, a newspaper
published in said City of Baytown, Texas, on September 29, 1%3, October 2, 1963 and
October 9, 1963, said notice as so published having described the nature of the improve-
ments 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 pro-
visions 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 6:30 o'clock P.M. on October 10, 1963,
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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 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 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 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 objection or to
offer testimony and having examined and considered 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
hTIER G15, all proceedings with reference to making the improvements above mentioned
have been regularly had, in compliance with 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 im-
provements and acceptance thereof by the City of Baytown, assignable certificates should
-3-
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 B:iYTOWN, 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 occupying 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 refer-
ence to the making of improvements as herein stated on said street in the City of Bay-
town having been duly and regularly had in compliance with the law; that all prerequis-
ites to the entering into said contract for such work and improvements and all prere-
quisites 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 (9/10ths) 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 re-
ceived 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.
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 :1cts 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 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:
(ASSESSMENT ROLL FOLLOWS)
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Section 4: That said several amounts, together with interest, expense of
collection and reasonable attorney's fee, 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 attorney's fee, if incurred, and shall be first and prior liens on
the properties 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 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 ac-
ceptance, 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 in-
stallment before maturity by payment of principal and accrued interest.
Section 5: That for the purpose of evidencing said assessments, the liens secur-
ing same and the several amounts 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 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 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 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.
.Ind 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 collect-
ible 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 Baytown,
Texas.
INTRODUCED, Rr<<D and PASSED by a majority of the City Council of the City of
Baytown, Texas, on this the 10th day of October, 1963.
: JTEST:
Edna Oliver, City Clerk
<<PPROVED :
Georg e Chandler, City Attorney
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Z, �
C. L. Liggett, M.D., Mayor