Ordinance No. 979ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RATIFYING AND CONFIRMING THE AC-
TION HERETOFORE TAKEN BY THE CITY COUNCIL APPROV-
ING AND ADOPTING ESTIMATES OF THE COSTS AND OF
CERTAIN PORTIONS OF THE COSTS OF THE PERMANENT
IMPROVEMENT OF SOUTH MAIN STREET, WITHIN THE LIMITS
HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS,
AS HERETOFORE ORDERED BY A CERTAIN ORDINANCE ENACTED
BY THE CITY COUNCIL OF SAID CITY; DECLARING THE
CITY COUNCIL'S INTENTION OF ASSESSING PART OF THE
COST OF SUCH IMPROVEMENT AT CERTAIN RATES PER FRONT
FOOT AGAINST THE ABUTTING PROPERTY AND THE OWNERS
THEREOF; REPEALING ORDINANCE NO. 950, PASSED BY
THE CITY COUNCIL ON DECEMBER 12, 1968, CLOSING
THE HEARING OF BENEFITS HELD ON SUCH DATE; CAN-
CELLING, ANNULLING AND SETTING ASIDE THE HEARING
OF SPECIAL BENEFITS HELD ON DECEMBER 12, 1968;
ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL
OWNERS OR CLAIMING TO OWN ANY SUCH ABUTTING PRO-
PERTY OR ANY INTEREST THEREIN AS TO SUCH PROPOSED
ASSESSMENTS AND AS TO OTHER MATTERS RELATED TO
SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND
PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE
THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: The City Council of the City of Baytown,
Texas, hereby finds and determines:
(a) That by Ordinance No. 937, duly enacted on the
26th day of September, 1968, said City Council did
determine the necessity for and ordered the perma-
nent improvement of the following named street in
the City of Baytown within the following limits, to -wit:
SOUTH MAIN STREET: Between 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 accordance with the plans and specifications
therefor approved and adopted by said Ordinance.
(b) That said City Council, after having duly adver-
tised for bids in the manner and for the time as re-
quired by law and the Charter of said City, did award
a contract for the construction of said improvement
to Warren Brothers Company, Gulf District, Division
of Ashland Oil & Refining Company, it. having been
found to be the lowest responsible bidder for such
improvement, and said contract has heretofore been
duly executed and completed by said City and said
Warren Brothers Company, the execution of which
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contract was duly authorized by Ordinance No. 942
i enacted by said City Council on November 7, 1968,
and the Performance and Payment bonds required by
law and said contract have been property furnished
by said Warren Brothers Company, and approved and
accepted by said City Council, and an appropriation
of available funds has been duly made by Ordinance
of said City Council to cover the City's portion of
the cost of said improvement, all in full compliance
with the requirements of law and the Charter of said
City.
(c) That the City's Engineer, thereafter, did pre-
pare and file with the City Council a statement of
estimates of the costs of said improvement as re-
quired by law and the City Council did, by Ordinance
No. 942 enacted on November 7, 1968, approve and
adopt said estimates and order and set a hearing to
be held by said City Council in its Council Chambers
at the City Hall in said City at 6:30 o'clock p.m.
on the 12th day of December, 1968, to allow all
persons owning or claiming any interest in any of
the property abutting upon said street within the
limits above defined and all others owning or in-
terested in said property for the assessment pro-
posed to be levied in connection therewith to be
heard; and that said hearing was so held at such
appointed time and place, and upon the conclusion
thereof, the City Council enacted Ordinance No.
950 closing said hearing and levying assessments
against properties abutting upon such street and the
owners thereof as set out therein; that because of
certain irregularities in giving notice of said hear-
ing, the City Council has determined to repeal, rescind
and set aside said Ordinance No. 950 and the as-
sessments levied therein, and to cancel, annul and
set aside said hearing, and order and set a new
hearing in lieu thereof.
Section 2: That Ordinance No. 950, passed by
the City Council on December 12, 1968, closing the hearing
of benefits held on such date concerning the extension of
the said South Main Street, and levying assessments against
properties abutting upon the east side of said street and
the owners thereof, is hereby repealed, rescinded and set
aside, and the assessments levied therein are hereby can-
celled, annulled and set aside. The said Ordinance No.
950 was captioned as follows:
"AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS, CLSOING THE HEAR-
ING 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, 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, AS
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TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF
THE IMPROVEMENT THEREOF, AND AS TO THE AC-
CURACY, SUFFICIENCY, REGULARITY, AND VALIDITY
OF THE PROCEEDINGS AND CONTRACT IN CONNECTION
WITH SAID IMPROVEMENTS AND THE ASSESSMENTS
TO BE LEVIED COVERING THE COST THEREOF; OVER-
RULING AND DENYING ALL PROTESTS AND OBJECTIONS
OFFERED; FINDING AND DETERMINING 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 AS-
SESSMENTS ROLL; FINDING AND DETERMINING THAT
SPECIAL BENEFITS WILL ACCRUE TO EACH AND EVERY
REMAINING PARCEL OF PROPERTY AS SHOWN ON THE
INITIAL ASSESSMENT ROLL 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 PRERE-
QUISITES TO FIXING THE ASSESSMENT LIENS AND
THE PERSONAL LIABILITY OF THE PROPERTY OWNERS;
LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS
AGAINST SAID REMAINING PROPERTIES ABUTTING SAID
STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT
OF PART OF THE COSTS OF THE_ IMPROVEMENTS; PRO-
VIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
MENT CERTIFICATES AND THE MANNER OF THEIR COL-
LECTION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF."
That the hearing of benefits held on December 12, 1968, is
hereby cancelled, annulled and set aside.
Section 3: That the City Council, by said Or-
dinance No. 942, passed by the City Council on November 7,
1968, approved and adopted the statement of estimates of the
cost of the said improvements as prepared by the City's En-
gineer. The City Council hereby ratifies and confirms the
action heretofore taken in approving and adopting said
statement of estimates, and does further hereby declare
its intention, subject to the hearing hereinafter ordered,
to make and levy assessments of a part of the cost of said
improvements against the abutting property on the east side
of the said South Main Street and the real and true owners
thereof at the rates per front foot set out in the statement
of estimates adopted in said Ordinance No. 942; and by vir-
tue thereof, and in accordance with, the powers given by,
and subject to, all of the provisions of the Acts of the
40th Legislature of the State of Texas, 1927, First Called
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Session, relating to street improvements and assessments
therefor, and being Chapter 106 of the General and Special
Laws of said Session, as amended, said Act being commonly
known as Article 1105b, Revised Civil Statutes of Texas,
1925, and as adopted by and as Article I, Section 7 of the
Charter of the City of Baytown, Texas. To evidence the
amounts so assessed, assignable certificates shall be issued,
which shall be payable in installments and shall bear in-
terest all as set out and provided for in the Ordinance above
referred to ordering such improvement and the provisions of
said Article 1105b, Revised Civil Statutes of Texas.
Section 4: The City Council hereby orders that a
new hearing be had and such hearing shall be had and held
by and before the City Council of the City of Baytown at
6:30 o'clock p.m. on the 24th day of July, 1969, in its
Council Chambers at the City Hall of and in said City, at
which time and place all owning any property abutting upon
said street within the limits above defined, or any interest
therein, shall have the right at such hearing to be heard
on any matter as to which hearing is a constitutional pre-
requisite to the validity of any assessment authorized by
the law under which same are being made, and as proposed to
be levied, and to contest the amounts of the proposed as-
sessments, the lien and liability thereof, the special bene-
fits to the abutting property and the owners thereof by means
of the improvement forwhich assessments are to be levied,
and the accuracy, sufficiency, regularity, and validity of
the proceedings and contract in connection with such im-
provement and proposed assessments; and said hearing may be
adjoined from day to day and from time to time and kept open,
until all evidence and protests have been duly offered and
heard.
Section 5: Following such hearing as above provided
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for, assessments will be levied against said abutting pro-
perty and the real and true owners thereof for that portion
of the cost of said improvement determined to be payable by
said abutting property and the real and true owners thereof,
in the respective amounts as shall be determined at said
hearing, and such assessments when levied shall be a first
and prior lien against such abutting property from the date
said improvement was ordered, and shall be a personal lia-
bility and charge against the true owners of such property
at said date, whether named or not. In levying said assessments,
if the name of any owner be unknown, it shall be sufficient
to state the fact, and if any said abutting property be owned
by an estate or by any firm or corporation, it shall be suf-
ficient to so state the fact, and it shall not be necessary
to give the correct name of any owner, and no error or mistake
in attempting to name any such owner or in describing any of
said property shall invalidate any assessment or certificate
issued in evidence thereof, but nevertheless the real and
true owner of said abutting property shall be liable and the
assessment against said property shall be valid whether or
not such owner be correctly named, or said property correctly
described therein.
Section 6: The City Clerk is directed to give
notice of such hearing, which notice shall be directed to
all owning any property abutting upon said portion of said
street and to all claiming any such property or any interest
therein and to all interested in any such property, and shall
be given by advertisement thereof inserted at least three
times before the date of said hearing in some newspaper
published in the City of Baytown, Texas, the first publi-
cation to be made at least twenty -one (21) days before the
date of the hearing. Further said City Clerk is directed
to give additional written notice of said hearing by depositing
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in the United States mail, at least fourteen (14) days be-
fore the date of said hearing, written notice of such hearing,
postage prepaid, in an envelope addressed to the owners of
of the respective properties abutting upon said street, within
the limits above defined, as the names of such owners are
shown on the present current rendered tax rolls of the City
of Baytown, Texas, and at the addresses so shown thereon, or
if the names of such respective owners do not appear on such
rendered tax roll, then addressed to such owners as their
names are shown on the current unrendered tax rolls of said
City and the addresses shown thereon. The written notice to
be so mailed may consist of a copy of the published notice of
said hearing. In those cases in which an owner of property
abutting upon said street to be so improved, is listed as
"unknown" on the present current City tax rolls, or the name
of an owner is shown on such current City tax rolls but no
address for such owner is shown thereon, no notice need be
mailed. In those cases where any such owner is shown to be
an estate, said mailed notice may be addressed to such estate.
Further the City Clerk shall make and preserve an appropriate
record of the mailing of said notices, the date of such mail-
ing and the names and mailing addresses to which such notices
so mailed were addressed.
Section 7: In such notice, the City Clerk shall
describe in general terms the nature of such improvement for
which assessments are proposed to be levied, shall state the
street and the portion thereof to be improved, shall state
the estimated amounts per front foot proposed to be assessed
against the owners of abutting property on such portion of
such street and to be assessed against such property, shall
state the estimated total cost of such improvement of such
portion of such street, and shall state the time and place
at which such hearing shall be held. There may also be
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included in such notice such further data and information
regarding such proposed assessment as the City Clerk deems
proper and such general statement as the City Clerk deems
sufficient to acquaint those to whom it is directed with the
fact that they have a right to be heard and to inform them
of the matters upon which they are entitled to be he,ard.
Section 8: Effective Date: 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 on this
26th day of June, 1969.
Glen Walker, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City (A
Atorney
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