Ordinance No. 939ORDINANCE NO. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON
SCHILLING STREET, FROM THE EAST LINE OF GARTH
ROAD TO THE EAST LINE OF NORTH PRUETT STREET, IN
THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENE-
FITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THERE-
OF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULA-
RITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT
IN CONNECTION WITH SAID IMPROVEMENTS AND THE AS-
SESSMENTS TO BE LEVIED COVERING THE COST THEREOF;
OVER- RULING AND DENYING ALL PROTESTS AND OBJEC-
TIONS 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 PRE-
REQUISITES TO FIXING THE ASSESSMENT LIENS AND THE
PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVY-
ING 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 ASSESSMENT CERTIFICATES AND THE MANNER
OF THEIR COLLECTION; AND PROVIDING FOR THE EFFEC-
TIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown,
Texas, has heretofore, by Ordinance No. 920, enacted on May
23, 1968, determined the necessity for and ordered the im-
provement of Schilling Street, from the East line of Garth
Road to the East line of North Pruett Street, by the construc-
tion of concrete curb and gutter, or its equivalent, and ap-
purtenances and incidentals to such improvement, all as pro-
vided 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 Schilling Street, the City
Council, on behalf of the City of Baytown, has heretofore en-
tered into a contract with Warren Brothers Company, Gulf District
Division of Ashland Oil & Refining Company, for construction
of said improvements; and
WHEREAS, the City Council has caused the City
Engineer to prepare and file estimates of the cost of such
improvements and estimates of the amounts per front foot
pfoposed to be assessed against the 7roperties abutting said
street to be improved and the true owners thereof, and said
City Engineer has heretofore filed said estimates and a state-
ment of other matters relating thareto with said City Council
and same have been received, examined and approved by said
governing body; and
WHEREAS, by Or iinance Uted September 12, 1968, the
City Council of the City of Baytown ordered a HearinS be given
to the real and true owners of property abutting upon sated
street within ohe linits specified, and 'unto all persons
own
-
1"g Or Glcfi«:C any such abutting J�ti�Or�y G: interest S� t iEic
n,
and to all others owning, claizing or inzere sted in said
property or any of said matters as -4.o the assessments and as
LO the amounts proposed to he a.s-"+st:=ssat against each parcel
of such abutting pro2erzy% and the real and true owners thereof,
and as to LaAI special h ...Li us 4G such ubuzzi:.g- proms er-cy and
the ow let: i.c:az: o by nouns OZ said improvements, W2 Ltiri.ich
special ti :�.]1.:- .7a�.... _ -.� are to he _evind aaa& as to lie accuracy,
sufffc;.e«... _ !Lz y sn" vcal: ai, ' ol une proceedings and
conzraCZL in ca" ... o% on .' 1 h said and pro used
special wnwz a, S L Sl:,,l-=zn;_nC any maotor or uKing Con -
non zcd Saxe ol' l a- "_ .malt.: 1.w"�In j to he hal " _..- t- UAa U Y Hall
of the City of 3aya �nwn, 6:30 o'clock P.M. on the 10th day of
October, 1968, az ;e..10._ �__ _o _ .�0 _.._ , 1 ni .. , C ;� 10.r
said y ...al..o'...=t..ings ...yghu appeal. in `J4r. von ".w .. and oz-
far evidence; anL
,THERE S, said Ordinance further oi .. r , and dire c -"
ed the City Clerk of the City of Baytown, T`-nEs, to give :.C:__ci,
-2-
of said Hearing by publication, as provided for and in ac-
cordance with the terms and provisions of Chapter 105 of the
Acts of the First Called Session of the Fortieth Legislature
of the State of Texas, known and shown as Article 1105b 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 18, 1968,
September 25, 1968 and October 2, 1968, said notice as so pu-
blished having desc,riled the nature of tae improvement for
which assessments were proposed to he levied and to which said
Notice related, having stated the portion of said stweat to
he improved, the es tl =.la i ed 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 ma boned in said Notice Was to be held,
and having stored Me estimated total cosy of the im rove-
ment on said portions of said Liee_, and having stated
the
time and pace at which said Hearing should be held, and said
Notice having in all low fully :;.az and complied with rYail
provisions o the li�Y'V .sl�l.1L1afte a & _ e i Aent thereto; and
z.,m2 S , a uer 2na, regular and proper Notice thereof,
all as ?rovidat by lc:'tti; _a.,,, hearing, o! which Notice was so
riven, ,:n, . ad u._ 6:30 o'clock P.M. on October 10, 1968,
at he !..I _ "all, in pia ci T of :i.:.ynonn, woxav, pursuant to
was y iv2n zo all said ze. w oad o .. <<a r tle� _ 1.1 ... G �..L Giis ,
as Ovate s or 3W=.Y owners _ such t.... - .. PzC aw. a _za, �air a eons
and atzor.:o . , _. be i..= _.71 aixl..e v _.._ -.- u vi&e"o as v. all
�azters in connection wiga such GrAi:::a Ces c... 00ice, at w.:io _
sine the following appeared and the following statements and
.-:a' s 4imany were given, to -wit:
-3-
WHEREAS, at said nearing, all parties desiring or
in any manner wishing to be heard concerning any of the mat-
ters 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 improvement, con-
tract 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 mat-
ters connected with said improvement, contract and assessments
having been heard, considered and corrected, and sni& City
Council having heard evidence as to the special benefits to
said abutting property and each pc:aicel thereof sand to the res-
pective owners thereof, in n e h&ncav value of said pro-
perty by means of such and said City Council
having given a full and fair hearin to all purties making
or desiring to make any p rotas t oz G;JJe czio : or to oiler
testimony and saving exc:::..ini=.j ..an& c000:_:..ezed all evidence,
matters and testimony off e...v, &nZ kay..ng found chap.. said
Notice as pulls. ad and . ._ -ti, zee zy "al. is V"_iu ana is
in Lull accord wi ._ zh e y._ _.. �.�;.� __ �u 32 !L. .....d
the ;,cmprl7Vc=.;lc?nu._ .CV ...c.. �. _.:.aC. h - __ 1._ Y040.arly had,
in wc V20 fixing
of e aJsassn-4 _._ ] i v _ G ...4y
liszed LAC -SwAa- _A .0y of an, sonars
- _
assess.:.1:Lzs and liL:....:, c... s Zoe !i[.at.._!1Ey of we true Ode
Gr 3Wn S s v.. said ` ro e .ins , bY'..r_ ; nay correctly ncazaa or
20- a-L as provided by law; n3w, !Z2AIMTE,
SE 11 ORDAINED 3Y . Z CITY COUNCIL 02 THE CITY Or
-5-
Section l: 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 pro-
posed to be assessed against each of said parcels of property
T
abutting said street within said limits defined, and against
the real and true owners thereof, and against any railroad oc-
cupying said street, and the owners thereof, and that all ob-
jections and protests should be, and the same are heresy over-
ruled and denied.
Section 2: Tilt,' City council finds an& docla:.:es that
all proceedings with reference to making Of i-:{.PnOvemcnts as
herein stated on said Ct..,.oev in ,r,ns Cll-a% Of MY W= ovan Aavinc,
been duly and requiarjy had in coo lic-nwe wi a the law; that
l the _ _
all prerequisites "L C7 L iu entering . -. n ao said contract for s uil,i
work and improvements and al to zhe fixing of
the e assessment liens a %ci. :L ,a oroyarzies 1= n L iT
G1 `ey listed
and he personal liability llf LAO respective CiwmOrs vkere0f,
whether named or noz, : c:ava town wn ._, 1.L "t" :ings _ .r., oinzd and
compiled with, and s l& Wzy Mu,.n__ fuzz a U:nL da--
Glares th z all person, inuc zes i:ej na v. ic:wn "._. 2,11 and
fair hearing; sJ . .-. nza !. non to ze i..is sw -L. _ J "f .... =r s_ juca
abutting .,"V_ .. ... an& L-0 0 ,-u--5 ._..a!1.S 1..V_.,. _.. -.. v._ 4-.o
costs of n2w C. -_..
10/10) 31 JS
J �
.C:.:. C,.__._J:. .... _. _ t ln� = -1 on , of
costs PrOISOILLS no t�z �Wnays ...:Sao have Me,-,
made in full ..v. Dlia n a i... he _. A ou [-- 0 _-fi.ou iss a 5.1;::x-
sTa__zi ._. Gcynali y i a 00 naZI&7 =0u_."v c:"i _: .002d
[:._ a -hat the special : aneii l.s �O eack p c... ca- OV 1 ,."fiiyarzy and
n:_e owner thereof in the enhanced value thereon ly mL_ :s of
y:,.rrove- ;,er.ts is in ea:.in instance in exceL6 of t:_e .= ..-:ou:
-6-
of the assessment made against said parcel of property and
its owner, and that the Assessments, liens and charges de-
clared against said properties and their owners are in all
things just and enni-table.
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 c,_zract between the
City of Baytown and Warren Brothers Company,
the estimates, reports, lists and statements of the City
Engineer, and the notice and hearing aforesaid, and by vir-
tue of the powers oonferred and cont,L nd in said Acts of
927 of the FortietA LegisiaLure of the State of Tezrs,
First Called Session, Chapter 106. Page 499, being :Chown
and shown as Article 1105b of Vt::L:,.,T. s Annotated Civil Sta-
tutes of exas , there shall to and ,'.` ze is hereby levied and
assessed against t 4e p c Acrnies abiz..nq upon said portions
of said street and againsz zhe rc:Ll and z r ue owners zhe eoi,
respectively, the aasc:. poin._. of o.j.i. properties and the
apparent owners, zespectiva -1', and the ino-unts so assessed,
being:
;w nsmzw 2011 �OLIOWS)
-7-
Section 4: That said several amounts, together
with interest, expense of collection and reasonable attorney's
fee, if incurred, small 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 de-
clared to be personal liabil- `�ies and charges against .she
true owners of said properties, jespectively, whether named
or not, all as provided in and by said Article 1103b of
Vernon's Annotated Civil Statunes of Teas aforesaid and
such assessments shall be coiaectitie wito interest, expense
of collection and reasonable attornsy S "fee, if incur ed, and
S, ^,c!I he first and prior liens On tt-- JLOP Cr4ieS assessed,
superior 4o all other liens and claims 0=09t 4 3tatO, count
Z
ai;Q,l city %:Q Vc:i.Grc�;;; .tali` , c.:ai.; shall a7.�� personal liability
cake. charges against the sK5 Guners G. the property assessed;
that said sums So asseSs=& L..'ll he Payable as .L011Ows, "Wi.-.
in six (6) equal Coc installment payable GTiiJiiiii
thirty days a i � ox the completion of said improvemenEs and she
acceptance t eraof by tae City Council W uta City of Mytown;
one installment one year from she L,-ze of such acc_.eWante;
one installment Li' o years fro" he save of cA acce2 za..ce,
one installment three years from -._W ..:. za of s. vA G.l.caXG;nce,
one installment ,JL..1 1rl ars foc o 0-0 ♦ ace 0 5noh ✓cc y La. ce,
L
and one i::S L- ci.;..,.`.. in five I an. '_, .:;:... �......,.. s:, :. ...:,Ch acceptance,
with ini:e. can ..00.: �:.Se G y L We Late
C.Pal Wen due, .. he W. SII 3 StiwL\_. .....�tii ��.J �_...w�.. UP, 0... Go
fe;. lu, 60i;.11 c once i. acozw Lae c. "& payazh i3n W
_-a_-- City of Baytown , or iu.S assigns, _ - . ,__.a pro e --
._.. :__.r shall Lave the privilege of paying any N._s zal =_:.e nt before
_,,__ arity by payment of principal and accrued _.nzarest.
n
-G-
Section 5: That for the purpose of evidencing said
i
assess .eats , the liens securing same and the several amounts
payable by said property owners and the time and terms of pay -
and to aid in the enforcement thereof, assignable cer-
tificates 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 certi-
ficates shall declare the said cazounzs, and the time and terms
of payment thereof, the rate of interest payable t hereon , the
description of the rest ctive properties agar.;.; t whick the
aforementioned aS."`.+es7...e:. a_ ..-Ze been _...eViei..., sufficient to
identify Same, and shall cv.:.:&s ;i we :a::.e or names of the
apparent owners thereon..
apparent
l..lo..rL-iJ_ica es shall f1n.r +ie set forth &nd evi-
dence the assess::.e"zs laviea w .d «dais Locicare the lien upon
the respective propezziss aad he liability of zAe true owner
07 owners hereof, , whether correctly named or noz, aL Q stall
provide that if default ja i'...ade in atom' yaymcnz zharsof, same
shall be enforced by a suit ._1. any court aiCa V in J � J a y L 4� V 1•
And mile said lJe alfica Ven ...+..0 ii fo-1--w2or .JZOVI N
thaz if default. be made in zns yajannn of my ins wall en a of
principal G ii.t.C; -+eJ4 `e;l-_ in e, L .n ,_at the sytion
of the said City of Baytown he. ahl owner and
holder th.=C-W , .. s =.b -io.. o v.:.: sees...,._.:.. ..._.C:... -- ailG_..e
at once w: ....mow, =:_. 61 all ._ . in-
terest, a zow...anv.s . ..nO . ._w,=..2. _ _ Dy. ay as
-.aaai ng' ` I Ln z fu =ce no zap Lzg l hL a__ b C' Ol
reforred to have been regularly had in com2liance with one
_L. c.._.G z. az all prerequisites to the fining of the c'asses3-
a,.i_.t bens against the property described ann the per.
Li a. ilf 'y of the owner or owners hereof Lave been perforazd,
hLcn recitals shall be evidence of all tie matters recite:
-9-
1
in said certificate and no further proof thereof snail be
required.
Section 6: Effective Date: That this ordinance
shall take effect from and after the date of its passage by
an affirmative vote of the City Council of the City of
Baytown, Texas.
!NTRODUCED, READ and PASSED by an affirmative
vote of the City Council of the City of Baytown, Texas, on
= Us the day of A. W At, '19
c
Seahorn Cravey, mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
a
"'ew
William R. Qaug :yin, City
-10-