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Ordinance No. 909ORDINANCE NO. 909 OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON DANIEL 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 SAMEJINDING 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. 810 enacted on August 25, 1966, the City Council of the City of Baytown determined the necessity for and ordered the improvement of Daniel 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 No. 901 enacted on December 28, 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 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 assess- ments are to be levied, and as to the accuracy, sufficiency, regularity and validity of the proceedings and contracts in con- nection 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 25th day of January, A.D. 1968, 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 -2- WHEREAS, notice of such hearing has been given by publi- cation 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 the following appeared and the following statements and testimony were given, to -wit: Mayor Seaborn Cravey opened the Benefit Hearing and stated briefly the purpose thereof; then called upon Richard Park, Assistant City Attorney, to conduct the Hearing and interrogate witnesses appearing. Mr. Park called upon Mr. Otis Graham who stated, in response to questions, that he had lived in the City of Baytown since the year 1945; that he had been engaged in the business of a real estate appraiser, real estate consultant and real estate salesman since the year 1964. Mr. Graham testified further that he was familiar with real estate values in the City of Baytown and, in particular, with the properties and the values thereof abutting upon Daniel Street, from the west line of Oakwood Addition to the east line of Oakwood Addition, all within the limits to be improved; that he was familiar with the nature and costs of said proposed improvements as reflected by Plans and Specifications therefor and the published notice of this Benefit Hearing, and that, in his expert professional opinion, all of the properties involved in said paving 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. No other person, except Mr. Otis Graham, appeared to state their opinions regarding the proposed improvements. No parties appearing before the Council protested the proposed improvements on the grounds that the benefits to be derived therefrom 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 improve- ments, contracts 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 makeany protest or objections or to offer testimony and having examined and considered all evidence, matters and testimony offered, and having found that said notice as pub- lished and delivered by mail is valid and is in full accord with the requirements 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 assess- ment lien against the properties hereinafter listed and the per- sonal liability of the respective owners thereof have been per- formed, 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 lia- bility 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 Daniel Street in the City of Baytown have been duly and regularly had in compliance with the law; that all prereq- uisites to the entering into said contracts for such work and im- provements 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 description of said properties and the apparent owners, respec- tively, and the amounts so assessed, being: 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 (6) 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 installmentthree (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 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 -8- r 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 25th day of January, 1968. ATTEST: Edna Oliver, i ty Clerk APPROVED AS TO FORM: r;' r / eorge tan �er, City ttorney M. 'ttABURN CRA EY, May