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Ordinance No. 950w►. ORDINANCE NO. 950 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 SOUTH MAIN STREET, FROM THE SOUTH LINE OF LOT SEVEN (7), BLOCK ONE (1), HARPER ADDITION, SEC- TION ONE (1), A SUBDIVISION OF BAYTOWN, HARRIS COUNTY, TEXAS, TO THE NORTH LINE OF STATE HIGH- WAY NO. 146, IN THE CITY OF BAYTWON, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUF- FICIENCY, REGULARITY AND VALIDITY OF THE PROCEED- INGS AND CONTRACT IN CONNECTION WITH SAID IMPROVE- MENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVER-RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DE- TERMINING THAT SPECIAL BENEFITS WILL NOT ACCRUE AS TO TWO PARCELS OF PROPERTY ABUTTING UPON SAID STREET, TO -WIT: TRACTS 2E AND 4E AS SHOWN ON THE INITIAL ASSESSMENT ROLL; FINDING AND DETERMINING THAT SPECIAL BENEFITS WILL ACCRUE TO EACH AND EVERY REMAINING PARCEL OF PROPERTY AS SHOWN ON THE INI- TIAL ASSESSMENT ROLL 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 OF THE PROPERTY OWNERS; LEVYING ASSES- SMENTS, FIXING CHARGES AND LIENS AGAINST SAID RE- MAINING PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE IS- SUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown, Texas, has heretofore, by Ordinance No. 937, enacted on Sep- tember 26, 1968, determined the necessity for and ordered the improvement of South Main Street, from the South line of Lot Seven (7), Block One (1), Harper Addition, Section One (1), a subdivision of Baytown, Harris County, Texas, to the North line of State Highway No. 146, in the City of Baytown, Texas, by the construction of concrete curb and gutter, or its equi- valent, and appurtenances and incidentals to such improvement, all as provided by the Plans and Specifications hereinafter re- ferred 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 South Main Street, the City Council, on behalf of the City of Baytown, has heretofore entered 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 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 state- ment 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 November 7, 1968, the City Council of the City of Baytown ordered a Hearing be given to the real and true owners of property abutting upon said street within the limits specified, and unto all persons own- ing or claiming any such abutting property or interest there- in, 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 assessments are proposed to be levied, and as to the accuracy, sufficiency, regularity and validity of the proceed- ings 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, at 7.00 o'clock p.m. on the 12th day of December, 1968, at which time all persons, firms, corporations or estates owning or claiming any such abutting property, and their agents or attorneys or persons -2- interested in said proceedings might appear in person or by counsel and offer evidence; and WHEREAS, said Ordinance further ordered and direc- ted the City Clerk of the City of Baytown, Texas, to give no- tice 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 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 property given by publication of same in the Baytown Sun, a newspaper published in said City of Baytown, Texas, on November 19, 1968, November 26, 1968 and December 3, 1968, said notice as so published having described the nature of the improvement 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 portions of said street, and having stated the time and place at which said Hearing should be held, and said No- tice having in all respects fully met and complied with all provisions of the law requisite and pertinent thereto; and WHEREAS, after due, regular and proper Notice there- of, all as provided by law, said Hearing, of which Notice was so given, was opened at 7:00 o'clock p.m. on December 12, 1968, at the City Hall, in the City of Baytown, Texas, pursuant to the Notice hereinabove referred to, at which time opportunity -3- was given to all said referred to persons, firms, corpora- tions, 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 No- tice, at which time the following appeared and the following statements and testimony were given, to -wit. Mayor Cravey opened the hearing of benefits upon the South Main Street extension paving project and then turned the proceedings over to the City Attorney, W. R. Laughlin. Mr. Laughlin called upon Otis Graham, a local realtor, who testi- fied, in response to questions, that he had been a resident of Baytown for the past twenty -five years and the past three years had been engaged in the real estate business on a full -time basis and was familiar with the selling and appraisal of pro- perty. He is familiar with the plans and specifications for the proposed improvements of the South Main extension and knows the type properties abutting upon the proposed right -of -way. He is familiar with the nature of the work to be done, and costs as reflected in the plans and specifications, and in his professional opinion, all properties abutting upon the proposed right -of -way will be enhanced in an amount exceeding the costs of the improve- ments to be assessed with the exception of Tracts 2 -E and 4 -E on the tax assessment roll of the City of Baytown. The first tract is 26.24 x 33.15 x 42.51 which is known in the real estate business as a nuisance tract because there is no feasible way of enhancing this small tract; the 2nd tract fronts on the pro- posed right -of -way 94.5 x 102 x 53, a triangle, which is a non - usable tract for building purposes because of its size; also, it has an oil well in the middle of the triangle. In his opinion no benefits will accrue to these two tracts because of the proposed improvements. Robert Strickland, representing the Ashbel Smith Land Company, stated that in his opinion his client's property would not be enhanced in an amount exceeding the costs of the improvements. However, Mr. Graham indicated the present unde- veloped area will be greatly enhanced after the road is completed because it will be located between a thoroughfare and Highway 146 with a corner at the intersection which will be good commercial property even though the land is presently low and marshy. The structure is designed with drainage facilities which will drain the tract, and the elevation is such that the land will be usable. Mr. Strickland reviewed for the Council, the amount paid for the right -of -way easement by the City, the projected costs for the im- provement on a lower cost figure than will be levied against the property as per bid, and the net less to his client of $3,899.32. He was of the opinion that South Main extension would not be used in an amount projected by the City, and questioned if any traffic will be developed on the road going south on Highway 146. He made reference to the Spur 201 development and stated that any benefits his client may derive from the road development are problematical and submitted that it was costing his client too much per front foot on the proposition, especially, in view of the fact that the footage costs on North Main and Ward Road were somewhat less than proposed on the South Main extension. At this point A. J. Busch, Consulting Engineer, reviewed the manner in which adjacent property owners are assessed when an improvement project such as South Main extension is approved by the Council. These abutting property owners are -4- assessed an amount equal to the cost of a 10 -foot wide strip of pavement, plus the curb or curb and gutter. From the unit price of the accepted bid, the unit square yard is converted into a front foot cost and the bids on the South Main paving project were by far the highest bids received by the City on any project. Several things could have affected the highcost, in an undeveloped area, clearing, drainage, relatively small job and contractor's are experiencing labor shortage at this time and are caught in the spiral of increasing cost. Following the presentation, Councilman Kelley moved to adopt an ordi- nance closing the hearing given to the real and true owners of the property abutting upon the proposed South Main Street extension, deleting Tracts 2 -E and 4 -E from the assessment roll because of the finding that there are no benefits accruing to the two tracts from the proposed improvements, and fixing charges and liens against the remaining properties and providing for issuance of assignable assessment certificates and the manner of collection. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Wlaker, Hullum, Braswell, Fanestiel and Kelley,Mayor Cravey NAys: None -4A- WHEREAS, at said Hearing, 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 said City Council having heard evidence as to whether special benefits will accrue to said abutting property and each parcel thereof and to the respective owners thereof, by reason of the enhanced value of said property by means of such improvements, said evidence having been that as to two parcels of property on the proposed assessment roll, to -wit: Tracts 2E and 4E, there will be no benefits accrued by reason of the proposed improve- ments, but that as to each and every other parcel of property abutting upon the said street within the limits defined, there will be an enhancement in value by reason of the improvements greater than the amount of the several costs proposed to be assessed against the said parcels of property, and said City Council having given a full and fair hearing to all parties making or desiring to make any protest or objection or to offer testimony and having examined and considered all evi- dence, matters and testimony offered, and having found that said Notice as published 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 improvements above mentioned have been regularly had, in compliance with law, and all prerequisites to the fixing of the assessment lien against the properties hereinafter -5- listed and the personal liability of the respective owners thereof have been performed, and upon completion of said im- provements 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 said street within the limits defined, except for tracts 2E and 4E, as shown on the proposed assessment roll, will be enhanced in value and specially benefited in an amount in excess of the amount of the costs of said improve- ments proposed to be assessed against each of said remaining 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 making of improvements as herein stated on said street in the City of Baytown having been duly and regularly had in compliance with the law; that all prerequisites to the entering into said contract 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 de- clares 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 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 apportion- ment of costs among all properties and the owners thereof have been made in full compliance with the laws so as to produce a substantial equality of benefits received and bur- dens imposed and that the special benefits to each parcel of property to be assessed and the owner thereof in the en- hanced 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 said street in the City of Baytown, and in pursuance of the contract between the City of Baytown and Warren Brothers Company, the esti- mates, 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 1105b of Vernon's Annotated Civil Statutes of Texas, there shall be and there is hereby levied and assessed against the following properties abutting upon said portions of said street and against the real and true owners thereof, respectively, the description of said properties and the apparent owners, respectively, and the amounts so assessed, being: (ASSESSMENT ROLL FOLLOWS) -7- RRntion 4: That said several amounts, together with interest, expense of collection and reasonable attorney's fee, 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 de- clared 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 1105b of Vernon's Annotated Civil Statutes of Texas aforesaid and such assessments shall be collectible with interest, expense of collection and reasonable attorney's fee, 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 installments, one installment payable within thirty days after the completion of said improvements and the acceptance thereof by the City Council of the City of Baytown; one installment one year from the date of such acceptance; one installment two years from the date of such acceptance; one installment three years from the date of such acceptance, one installment four years from the date of such acceptance, and one installment five years from the date of such acceptance, with interest thereon from such date of acceptance at the rate of six (6 %) per cent per annum, payable annually, and if de- fault shall be made in the payment of any interest or prin- cipal when due, the whole of said assessment, upon such de- fault, shall at once become due and payable at the option of said contractor , or its assigns, provided said property owner shall have the privilege of paying any installment before maturity by payment of principal and accrued interest. Section 5: That for the purpose of evidencing said assessments, the liens securing same and the several amounts payable by said property owners and the time and terms of pay- ment, and to aid in the enforcement thereof, assignable cer- tificates 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 said contractor, or assigns; said certi- ficates 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 shall contain the name or names of the apparent owners thereof. Said certificates shall further set forth and evi- dence 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 the 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 in- terest, expense of collection and a reasonable attorney's fee, if incurred. Said certificates shall further recite that the pro- ceedings with reference to making the improvements therein referred to have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assess- ment liens 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 ceritificates, 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 an affirmative vote of the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by an affirmative vote of the City Council of the City of Baytown, Texas, on this the 12th day of December, 1968. Seaborn Cravey, Mayor ATTEST: f� / 4 Edna Oliver, City Clerk APPROVED: • s William R. Laughlin, City Clerk -10-