Ordinance No. 983f '`
ORDINANCE NO. 983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OW-
NERS 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 TO SPECIAL BENEFITS TO ACCRUE
BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCU-
RACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEED-
INGS 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 AC-
CRUE AS TO CERTAIN PARCELS OF PROPERTY AS HEREIN SET OUT,
AND THAT SPECIAL BENEFITS WILL ACCRUE TO EACH AND EVERY'
REMAINING PARCEL OF'PROPERTY AS SHOWN ON THE ASSESSMENT
ROLL HEREINBELOW SET OUT AND THE OWNERS THEREOF IN EXCESS
OF THE AMOUNT OF THE SPECIAL ASSESSMENT AS HEREIN ASSESSED
AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND
THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESS-
MENT 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 OW-
NERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVE-
MENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT
CERTIFICATES AND THE MANNER OF THEIR PAYMENT AND COLLECTION;
PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; 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 September 26, 1968, deter-
mined 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 equivalent, and ap-
purtenances and incidentals to such improvement, all as provided 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 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 &
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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 esti-
mates 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 statement of other matters relating thereto with said City Council
and same have been received, examined and approved by said City Council;
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 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 abut-
ting property and the real and true owners thereof, and as to the spe-
cial 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 proceedings and contracts in connection with said improvements
and proposed special assessments, and concerning any matter or thing
connected therewith, said Hearing to be held in the Council Chambers
at the City Hall of the City of Baytown, at 7:00 o'clocl p.m. on the
12th day of December, 1968, at which time all persons, firms, corpora-
tions 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 that said hear-
ing was so held at such appointed time and place, and upon the conclu-
sion thereof, the City Council enacted Ordinance No. 950 closing said
hearing and levying assessments against properties abutting upon such
street and the owners thereof; and
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WHEREAS, the City Council thereafter did by Ordinance No.
979, enacted on June 26, 1969, repeal, rescind and set aside said
Ordinance No. 950 closing the above mentioned hearing and levying
assessments against properties abutting upon said street and the ow-
ners thereof as well as the assessments levied by and in said Ordi-
nance No. 950, and further by said Ordinance No. 979 did cancel, an-
nul and set aside said hearing held on December 12, 1968; and, fur-
ther by said Ordinance No. 979, the City Council ordered that a new
hearing be had and held in the Council Chambers at the City Hall of
the City of Baytown, Texas, at 6:30 o'clock p.m. on the 24th day of
July, 1969, before the City Council of said City, which hearing was
to be held for all of the owners, other interested parties, and for
all of the purposes for which said first hearing of December 12, 1968,
was had and held as hereinabove stated; and
WHEREAS, said Ordinance No. 979 further ordered and directed
the City Clerk of the City of Baytown, Texas, to give notice of said
Hearing in the manner and for the time as provided for and in accor-
dance 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 as amended; and
WHEREAS, said Notice as so ordered and directed by said City
Council and as required by law has been properly and duly given in
the form and for the time required by law, by publication of same in
the Baytown Sun, a newspaper published in said City of Baytown, Texas,
on July 1, 1969, July 7, 1969 and July 15, 1969, the first of said
publications being at least twenty -one (21) days before the date of
said hearing, and further by the City Clerk giving additional written
notice of said hearing by depositing in the United States mail, at least
fourteen (14) days before the date of said hearing, written notice of
such hearing, postage prepaid, in an envelope addressed to the owners
of the respective properties abutting upon said street within the limits
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above defined, as the names of such owners are shown on the then cur-
rent rendered tax rolls of the City of Baytown, Texas, and at the ad-
dresses so shown thereon, or if the names of such respective owners
did not appear on such rendered tax rolls, then addressed to such
owners as their names are shown on the then current unrenderW tax
rolls of said City and at their addresses shown thereon, which addi-
tional written notices by mail were deposited in the United States
Mail by the City Clerk on July 9, 1969, as evidenced by the sworn
affidavit of said City Clerk filed with the City Council and which
sworn affidavit together with its attached list of the names and ad-
dresses of said owners are here ordered and provided to be filed and
recorded among said City's official records and that same shall here-
after constitute a part of said City's official records; said notice
as so mailed and published having described in general terms the na-
ture 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 amounts per front foot pro-
posed 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 portion of said
street, and having stated the time and place at which said Hearing
would be held, and said Notice having in all respects fully met and
complied with all provisions of the law requisite andpertinent thereto;
and
WHEREAS, after due, regular and proper Notice thereof, all
as provided by law, said new Hearing, of which Notice was so given,
was opened and held at 6:30 o'clock p.m. on July 24, 1969, in the
Council Chambers at the City Hall, in the City of Baytown, Texas, pur-
suant to said Ordinance calling same, and the Notice hereinabove re-
ferred to, at which time opportunity was given to all said referred to
persons, firms, corporations, estates, and other owners of such abutting
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properties, and other interested parties, their agents and attorneys,
to be heard and to offer evidence as to all matters in connection with,
or referred to in, said Ordinances and Notices, in accordance with the
law under which these proceedings are being had, at which time the fol-
lowing appeared and the following statements and testimony were given
in substance, t0 -wit: The City Attorney called uppon Mr. Otis-Graham, a local
realtor, who'.testified in response to questions that he.is engaged in the'
real estate business in the City.of Baytown' and is familiar with market values
in the. area generally, as well as those in 66. specific area in question. He
testified that, he: is thoirou h familiar wig Mhe ng�re of the g rk too be,done
concerning the.proposed imp�o ents o Sou ain eet,.hava.n y
examined and togdth l T d f'
�� h�niorou �y cat }ons re te t he
project. He.rurther testYe ami iar wi
every tract of land proposed to be assessedm having made a personal inspection,
on the - ground of each: =of the properties. He. further testified that he is familiar with
the'costs. proposed to be asses6ed against the.propertie on a ssessment roll,
and that in his professional opinion, all of th a properties ut ing upon
the . proposed. right of way will enhance in an amount exceeding the.costs of the
improvements to be assessed with the exception of tracts 2 -P, and 4 -E. In his
opinion, no benefits would accErue to these two tracts by reason of the.proposea
improvements. Mr. Graham out ahat the present payi qt pro-iect nodvfides
only for the improvement oT the east side of the street rig o ay,
properties abetting upon the east side of the said street will be enhanced, .
as aforesaid. It was his opinion that no benefits will accrue to tracts abutting
upon the west side of the improvements. Mr. Walker then called upon other persons
present in the audience to ask any questions of Mr. Graham or to make.comments
concerning the proposed improvements, the amounts of the assessments or other
matters relating to the assessment roll. No one offered an inquiry or made any
other response.
WHEREAS, at said Hearing, all parties desiring or in any
manner wishing to be heard concerning any of the matters mentioned in
said Ordinance ordering and fixing the date of said Hearing and in said
Notices, and as to any other matters connected with said proposed improvements,
contract and assessments and the amounts thereof, were heard, and all
matters as to the accuracy, sufficiency, regularityand validity, and
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all matters of error, equality and other matters connected with said
improvements, contract and assessments having been heard, considered
and corrected, and said City Council having heard evidence as to whe-
ther 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 shown on the
assessment roll, to -wit: Tracts 2E and 4E., as herein below set out,
and as to the properties on the west side of said street, as same
do not abut upon the side of said street to be improved, there will
be no benefits accrued by reason of the proposed improvements, 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 and special benefits 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 pro-
test or objection or to offer testimony and having examined and con-
sidered all evidence, 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 im-
provements above mentioned have been regularly had, in compliance with
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 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:
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Section 1: That the said Hearing be, and the same is hereby,
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 hereinafter set out assessment
roll, and the properties on the west side of said street, will be en-
hanced in value and specially benefited in an amount in excess of the
amount of the costs of said improvements proposed to be, and as herein-
after, assessed against each of said remaining parcels of property abut-
ting said street within said limits defined, and against the real and
true 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 pro-
ceedings with reference to making of improvements as herein stated on
said street in the City of Baytown have 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 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 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 to be, and as hereinafter, assessed, and the owners
thereof, have been made in full compliance with the laws so as to pro-
duce a substantial equality of benefits received and burdens imposed
and that the special benefits to each parcel of property to be assessed
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
Assessments, liens and charges declared against said properties and
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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 pur-
suance of the contract 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 virtue of the
powers vested in said City by, 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, as amended, and as adopted
by Section 7, Article I of the Charter of the City of Baytown, Texas,
there shall be and there are hereby levied and assessed against the
following properties abutting upon said portion of said street and
against the real and true owners thereof, respectively, whether or
not such real and true owners be named, or correctly named, the several
sums of money hereinbelow mentioned and itemized opposite the description
of such properties, the descriptions of such properties, the number of
front feet of each, the names of the apparent owners thereof, and the
several amounts assessed against same, respectively, being as follows,
to -wit:
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Section 4: That said several amounts, shown above in Section
3 hereof together with interest at the rate of six (6%) per cent thereon,
expenses 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 from and after the date said
improvements were ordered by said City Council, and said amounts so as-
sessed, together with said other items, shall be and the same are hereby
declared to be personal liabilities and charges against the real and true
owners of said properties, respectively, whether named or correctly 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 in-
curred, and shall be first and prior liens on the properties assessed, superior
to all other liens and claims except state, county, city and school district
ad valorem taxes. and shall be personal liabilities 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 (30) 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 ac-
ceptance, with interest thereon from such date of acceptance at the rate
of six (6%) per cent 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 pay-
able at theoption of said contractor, or its assigns, provided said pro-
perty owner shall have the privilege of paying any installment before
maturity by payment of principal and accrued interest to the date of
payment.
Section 5: That for the purpose of evidencing said assessments,
the liens securing same and the several amounts payable by said property
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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 said contractor or assigns, upon completion and acceptance of said
improvements, which certificates shall be executed by the Mayor and at-
tested 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 date of the completion and acceptance of
said improvements, 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, and if the said property shall be owned by an Estate or firm,
then to so state the fact shall be sufficient, and no error or mistake
in describing any such property or in stating the name or names of any
owner thereof, shall in anywise invalidate or impair the assessment
levied hereby or the certificate issued in evidence thereof.
Said certificates shall further set forth and evidence the
assessments levied and shall declare the lien upon the respective pro-
perties 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 de-
fault 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 interest,
all costs and expense of collection and a reasonable attorney's fee, if
incurred.
Said certificates shall further recite in effect that all the
proceedings with reference to making the improvements therein referred
to have been regularly had in compliance with the law, and Charter in
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force in said City, and the proceedings of the City Council of said City,
and that all prerequisites to the fixing of the assessment liens against
the property described and the personal liability of the real and true
owner or owners thereof, evidenced by such certificates, have been re-
gularly done and performed, which recitals shall be evidence of all the
matters and facts so recited in said certificates and no further proof
thereof shall be required in any court. Said certificates shall fur-
ther provide in effect that the City of Baytown, Texas, shall exercise
all of its lawful powers, when requested so to do by the holder of
said certificates, to aid in the enforcement and collection thereof, and
said certificates may contain other and further recitals pertinent and
appropriate thereto. It shall not be necessary that said certificates
shall be in the exact form as above set forth, but the substance and ef-
fect thereof shall suffice, in that the foregoing provisions as to the
contents of said Certificates are directory only.
Section 6: That the total amounts assessed against the
respective parcels of property abutting upon said street within the
limits herein defined, and the real and true owner or owners thereof,
as hereinabove set out in Section 3 hereof, are the same, or less than,
the estimates of said assessments as prepared by the City's Engineer and
approved and adopted by the said City Council, and are in accordance
with the proceedings of said City relative to said improvements and
assessments therefor, and with the terms, powers and provisions of
said Article 1105b of Vernon's Annotated Civil Statutes of Texas, as
amended, and as adopted by Section 7, Article I of the Charter of said
City, under which terms, provisions and powers of said Acts said im-
provements and assessments were had and made by said City Council.
Section 7: 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 enforcement
and collection thereof.
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Section 8: 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 24th day of
ATTEST:
ZOO^,
ED NA OLIVER, CITY CLERK
GLEN WALKER, May6'r