Ordinance No. 791ORDINANCE NO. 793.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING
THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING
UPON OAK STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT -OF -WAY TO THE NORTH LINE OF RIGGS STREET; JOHNSON STREET FROM THE
EAST LINE OF OAK STREET TO THE WEST LINE OF WILLOW STREET; STOWE STREET
FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST LINE OF YUPON STREET;
BOOKERTEE STREET FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST
LINE OF YUPON STREET; TURNER STREET FROM THE WEST LINE OF OAKWOOD ADDI-
TION TO THE WEST LINE OF YUPON STREET; CARVER STREET FROM THE WEST LINE
OF OAKWOOD ADDITION TO THE WEST LINE OF YUPON STREET; WILLOW STREET ON
THE NORTH LINE OF OAKWOOD ANNEX NO. 2 TO THE SOUTH LINE OF OAKWOOD ANNEX
NO. 2; YUPON STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT -OF -WAY TO THE NORTH LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT -
OF -WAY, 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 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 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 PERFOR-
MANCE 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 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 Ordinance No. 781, enacted on February 24, 1966, determined the necessity for
and ordered the improvement of Oak Street from the South line of the Southern
Pacific Railroad right -of -way to the North line of Riggs Street; Johnson Street
from the East line of Oak Street to the West line of Willow Street; Stowe Street
from the West line of Oaklawn Addition to the West line of Yupon Street; Bookertee
Street from the West line of Oaklawn Addition to the West line of Yupon Street;
Turner Street from the West line of Oakwood Addition to the West line of Yupon
Street; Carver Street from the West line of Oakwood Addition to the West line of
Yupon Street; Willow Street on the North line of Oakwood Annex No. 2 to the South
line of Oakwood Annex No. 2; Yupon Street from the South line of the Southern
Pacific Railroad right -of -way to the North line of the Missouri Pacific Railroad
right -of -way, by the construction 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 referred to; heretofore prepared and filed by the City
Engineer and approved by the City Council; and
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WHEREAS, by virtue of its low bid for construction of such improvements
on the said Live Oak Avenue, the City Council, in behalf of the City of Baytown,
has heretofore entered into a contract with Gulf Bitulithic 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 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
WHEREAS, by Ordinance dated March 24, 1966, 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 Live Oak Avenue 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 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 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 13th day
of April, 1966, 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 pro-
vided 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
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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 ofsaid notice to the
respective owners of the various and sundry parcels of property abutting upon
said portion of Oak Street, Johnson Street, Stowe Street, Bookertee Street, Turner
Street, Carver Street, Willow Street and Yupon Street, to their respective, usual,
or best mailing addresses; 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 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 ofsaid 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 portion of said streets, 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 thereof; 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!4i c-i 13, 1966, 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:
Z1.
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 assessments 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 con-
nected with said improvements, contract and assessments having been heard, con-
sidered and corrected, and said City Council having heard evidence asto 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 improve-
ments, and said City Council having given a full and fair hearing to all parties
making or desiring to make any protestor 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
mentioned have been regularly had, in compliance 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 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 Oak Street, Johnson
Street, Stowe Street, Bookertee Street, Turner Street, Carver Street, Willow Street
and Yupon 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
streets 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.
it
Section 2: The City Council finds and declares that all proceedings with
reference to the making of improvements as herein stated on Oak Street, Johnson
Street, Stowe Street, Bookertee Street, Turner Street, Carver Street, Willow
Street and Yupon 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 con-
tract for such work and improvements and all prerequisites to the fixing of the
assessment liens against the properties hereinafter listed and the personal lia-
bility 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 received and burdens imposed and that the special benefits to
each parcel 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
Oak Street, Johnson Street, Stowe Street, Bookertee Street, Turner Street, Carver
Street, Willow Street and Yupon Street in the City of Baytown, and in pursuance of
the above mentioned contract between the City of Baytown and Gulf Bitulithic
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 Fortieth Legislature of the State of Texas, First Called
Session, Chapter 106, Page No. 499, being known and shown as Article 1105 -b of
Vernon's Annotated Civil Statutes of Texas, there shall be and there is levied and
assessed against the properties abutting upon said portions of said streets, and
against the apparent owners, respectively, and the amounts so assessed, being:
6
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, ex-
cept 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 annual installments, one in-
stallment 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 succeed-
ing 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, upon such default, shall at once become due and payable
at the option of said contractor, Gulf Bitulithic Company, or its assigns; provided
said property owner shall have the privilege of paying any installments before ma-
turity 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, upon
completion and acceptance of said improvements, which certificates shall be exe-
cuted 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 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.
Said Certificates shall further set forth and evidence the assessments
levied and shall declare the lien upon the respective properties and the liability
7
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 shall be
made in the paymentof 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 collectible 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 compli-
ance 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 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 certificate
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 13th day of April, 1966.+�^
Seaborn Cravey, Mayor
ATTEST:
(0 C CJU_v_-�
Edna Oliver, City Clerk
APPROVED:
George Cha dler, City Attorney