Ordinance No. 873ORDINANCE NO. 873
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON COMMERCE STREET
WITHIN THE LIMITS HEREIN DEFINED 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, REGULARITY AND VALID-
ITY 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 SPECIAL ASSESSMENT
AGAINST SAME; FINDING THE REGULARITY OF ALL PRO-
CEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES
TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL
LIABILITY TO PROPERTY OWNERS; LEVYING ASSESSMENTS,
FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES
ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF
FOR THE PAYMENT OF PART OF THE COSTS OF THE
IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PRO-
VIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT
CERTIFICATES AND THE MANNER OF THEIR COLLECTION;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, by its Ordinance No. 842 enacted on November 9,
1966, the City Council of the City of Baytown determined the
necessity for and ordered the improvement of Commerce Street, the
description of the portion of said street being fully set out in
said ordinance and being further set out in the assessment roll
herein contained in Section 3, by raising, grading, filling,
widening, permanently paving or repaving same by the construction,
reconstruction, repairing and realigning concrete curbs and gutters
in the manner and where the City Engineer determines that adequate
curbs and gutters are not now installed on proper grade and line,
and by construction of such drains and other incidentals and
appurtenances as deemed necessary by said Engineer, said improve-
ments to be in accordance with the Plans and Specifications which
have heretofore been prepared and filed by the City Engineer and
approved by the City Council; 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 abutting properties 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 gov-
erning body; and
WHEREAS, by virtue of its low bid for construction of such
improvements on said streets, the City Council, in behalf of the
City of Baytown, has heretofore entered into contracts with
Brown & Root, Inc., for construction of said improvements; and
WHEREAS, by Ordinance enacted on May 25, 1967, 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 assessments and as to the amounts
proposed to be assessed against each parcel of such abutting prop-
erty 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 improve-
ments 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
22nd day of June, A.D. 1967, at which time all persons, firms,
corporations or estates owning or claiming any such abutting prop-
erty, and their agents or attorneys or persons interested in said
proceedings might appear in person or by counsel and offer evidence;
and
-2-
WHEREAS, notice of such hearing has been given by publica-
tion as provided for and in accordance with the terms and pro-
visions of Article 1105 -b of Vernon's Annotated Civil Statutes
of Texas, and also by mailing, by first -class mail, postage
prepaid, a copy or a substantial copy of the notice so published,
addressed to the respective owners of the various and sundry
abutting properties, also in accordance with the terms and pro-
visions of said statute; and
WHEREAS, said notice was properly given by publication and
by mailing copies thereof to the respective property owners, said
notice 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 amount per front foot proposed to be assessed against
the owners of abutting properties 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 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
WHEREAS, after due, regular and proper notice thereof, all
as provided by law, said hearing, of which notice was so given,
was opened at the appointed hour 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 per-
sons, 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 tie following appeared and the following state-
ments and testimony were given, to -wit:
-3-
Mayor Seaborn Cravey opened the Benefit Hearing
and stated briefly the purpose thereof; then called
upon Richard Park, Assistant City AttornL.,j, to
conduct the Hearing and interrogate witnesses ap-
pearing. Mr. Park called upon Mr. R. S. Beverly,
who stated, in response to questions, that he had
been a resident of Baytown for more than fifteen
years, during which time he had been engaged in
the real estate business in the capacity of selling
and appraising real estate, that he was familiar with
real estate values in the City of Baytown and in
particular with the properties, and the values there-
of, abutting upon Commerce Street, from Forrest to
Gulf, all within the limits to be improved; that he
was familiar with the nature and costs of said pro-
posed improvements as reflected by Plans and Specifi-
cations therefor and the published notice of this
Benefit Hearing, and that, in his expert professional
opinion, all of the properties involved in said pav-
ing program, as a result of the proposed improvements,
will be enhanced in value in amounts exceeding the
costs of such improvements.
Mayor Seaborn Cravey then inquired as to whether there
Were parties present who desired to be heard regarding
the proposed improvements, whereupon various parties
appeared and stated their comments regarding same.
No parties appearing protested the proposed improvements
on the grounds that the benefits to be derived there-
from would not exceed the costs thereof. All parties
desiring to be heard having been so heard, the Benefit
Hearing was ordered closed.
-3a-
WHEREAS, at said hearing, all parties desiring or in any
manner wishing to be heard concerning any of the matters men-
tioned in said ordinances ordering and fixing the date of said
hearing and in said notice, and as to any other matters connected
with said proposed improvements, contracts and assessments and
the amounts thereof, were heard, and all matters as to the accu-
racy, sufficiency, regularity and validity, and all matters of
error, equality and other matters connected with said improvements,
contracts and assessments having been heard, considered and cor-
rected, 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 or to offer testimony
and having examined and considered all evidence, matters and testi-
mony offered, and having found that said notice as published and
delivered by mail is valid and is in full accord with the require-
ments of law; and
WHEREAS, all proceedings with reference to making the im-
provements above mentioned 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 evi-
dence 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,
TEXAS, IN MEETING DULY ASSEMBLED:
-4-
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 reference 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 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 (9/10) 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 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
-5-
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 re-
lating to the improvement of said street in the City of Baytown,
and in pursuance of the contracts 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 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 portion of said street and
against the real and true owners thereof, respectively, the de-
scription 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 in-
terest, 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 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 equal annual installments, one installment payable within
thirty (30) days after the completion of said improvements and
the acceptance thereof by the City Council of the City of Baytown;
one installment one (1) year from the date of such acceptance;
one installment two (2) years from the date of such acceptance;
one installment three (3) years from the date of such acceptance,
one installment four (4) years from the date of such acceptance, and
one installment five (5) years from the date of such acceptance, with
interest thereon from such date of acceptance at the rate of Six
Percent (6%) 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, 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.
-7-
0
Section 5. That for the purpose of evidencing said assess-
ments, 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 cer-
tificates shall be executed 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 respec-
tive 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 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 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 compliance with the law, and that all pre-
requisites to the fixing of the assessment lien against the prop-
erty described and the personal liability of the owner or owners
thereof have been performed, which recitals shall be evidence of
ME
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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 conferred upon it by law,
when requested so to do by the holder of said certificates, to
aid in the collection thereof.
Section 7. 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, READ and PASSED by a majority of the City
Council of the City of Baytown, Texas, on this, the 22nd day of
June, 1967.
Seaborn Cravey, Mayes^
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM:
C, ,, f
George Chandler, City Attorney