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Ordinance No. 837ORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEART GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON WYE ; FROM THE WEST PROPERTY LINE OF NORTH MAIN STREET 1042.68, TO THE WEST PROPERTY LINE OF THE Y.M.C.A. TRACT OF LAND IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE- MENT 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 PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVY- ING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY 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. 833, enacted on 25th day of August, 1966, determined the necessity for and ordered the improvement of Wye Street,fr om the West property line of North Main Street 1042.68' to the West Property line of the Y.M.C.A. tract of land in the City of Baytown, Texas, 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 WHEREAS, by virtue of its low bid for construction of such improvements on the said Wye"a_t"; the City Council, in behalf of the City of Baytown, has here- tofore entered into a contract with Brown & Root, Inc., for construction 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 October 13, 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 Wye t�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 assess- ment 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 6 :30 o'clock p.m. on the 27th day of October, 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 proceeding 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 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 of said notice to the respective owners of the various and sundry parcels of property abutting upon said portion of WyeU't, 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 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 portion 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 p.m. on October 27, 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: 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, regular- ity and validity, and all matters of error, quality and other matters connected with said improvements, 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 objections orto 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, andupon completion of said improvements and acceptance thereof by the City ofBaytown, assignable certificates should be issued in evidence of said assessment, 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 X&­?, finds that each and every parcel of property abutting upon Wye Sit 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 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 reference to the making of improvements as herein stated on Wye met in the City of Baytown have been duly and regularly had in compliance with the law; that all pre- requisites to the entering into said contract for such work and improvements and all A prerequisites to the fixing of the assessment liens against the properties herein- after 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 prop- erty 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 Wye Street in the City of Baytown, and in pursuance of the abovementioned 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 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 street, and against the apparent owners, respectively, and the amounts so assessed, being: r_ 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 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 installment due and pay- able thirty (30) days after the completion of said improvements and the acceptance thereof by the City Council of the City of Baytown; the succeeding 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 con- tractor, Brown & Root, Inc., or its assigns; provided said property owner shall have the privilege of paying any installments before maturity by payment of principal and accrued interest. Section 5: That for the purpose of evidencing said assessments, the liens securing the same and the several sums payable by said property owners and the time andterms 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 Mayor and attested by the City Clerk with the corporate seal affixed and shall be payable to the 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 of the true owner or owners thereof, whether correctly named or not, and shall pro- vide 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 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 attorneys` 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 personalliability of the owner or 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 con- ferred 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 27th day of October, 1966. ATTEST: Edna Oliver, City Clerk APPROVED AS TO FORM: George Chandler, City Attorney -7- Seaborn Cravey, Mayog