Ordinance No. 1,024ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE
PROPERTY ABUTTING UPON WARD ROAD WITHIN THE LIMITS HEREINBELOW
DEFINED, IN THE CITY OF BA:YTOWNj TEXAS, AS TO SPECIAL BENEFITS
TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE
ACCURACY, 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; OVERRULING
AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE
ADJUSTMENTS IHEREINBELOW MADE; FINDING AND DETERMINING SPECIAL
BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL
TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HERE-
IN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF
ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIX-
ING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROP-
ERTY OWNERS; LEVYING ASSESSI'CiNTSI FIXING CHARGES AND LIENS
AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS
THEREOF FOR PAYIKENT OF PART OF THE COSTS OF THE IMPROVEMENTS;
PROVIDING FOR 'THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES
AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS
RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Section 1 The City Council of the City of Baytow , Texas,
hereby finds and determines:
(a) That by Ordinance No. 997, duly enacted on the 9th
day of October, 1969, said City Council did determine the
necessity for and ordered the permanent improvements of
the following named street in the City of Baytovfn within
-the following limits, to-wit:
WARD ROAD, from tie East line of Highway
146 to the West line of Kilgore Road.
(b), That said City Council, after having duly advertised
for bids in the manner and for -the time as required by
law and the Charter of said City did award to, and exe-
cute a contract with, Warren Brothers Company, Gulf Dis-
trict, Division of Ashland Oil and Refining Company, for
`D
the construction of said improvements as authorized by
Ordinance No. 1005 enacted by the City Council on Dacem-
ber 4j 1; 6 9, and by Ordinance No. 1013 enacted, on January
22, 1970.
(c) That the City's Engineer, thereafter, as instructed
by the City Council, prepared and filed with -the City
Council a proper statement of the estimates of -the costs
of the improvements of said street and of -the estiinates
of the amounts per front foot proposed to be assessed
against the property abut-Ling thereupon and the owners
thereof and of other costs and matters relating thereto,
all as required by law, which statement of estimates was
received, examined and approved by the City Council by
Ordinance No. 1019 enacted on February 12, 1970, and fur-
ther said City Council did by said Ordinance No. 1019
order and set a hearing to be held at 7:00 otclock p.m.
on the 26th day of March, 1970, in its Council Chambers
at the City Hall of and in the City of Baytown, Texas,
for the real and true owners of the properties abutting
upon said street, within said limits defined and for all
others owning or claiming any interest in, or otherwise
interested in said properties or any of said matters as
to the assessments and amounts proposed to be assessed
against each parcel of said abutting property and the
owners thereof and as to the special benefits to accrue,
to said abutting properties and the owners thereof by
virtue of said improvements, if any, or concerning any
error in validity, irregularity or deficiency in all pro-
ceeding or contract concerning same, at which time all
persons, firms, corporations, estates, owning or claim-
ing any such abutting property, their agents or attorneys,
or any persons interested in said proceedings, might ap-
pear in person or by counsel and offer evidence.
(d) That said City Council did further by said Ordinance
No. 1019 order and direct the City Clerk of said City to
give notice of said hearing in the manner and for the
time as required by the law and the Charter of said City;
and said notice, as so ordered and directed and as re-
quired by law governing these proceedings, has been pro-
perly and duly given, in the form and for the time as re-
quired b said law, by the publication thereof at least
three (3) times before the date of said hearing in the
Baytown Sun, a newspaper published in the City of Bay-
town, Texas, the first publication being made at least
twenty -one (21) days before the date of said hearing,
the dates of such publications being March 4, 1970,
March 11, 1970, and March 18, 1970, and further by the
City Clerk giving additional written notice of said hear-
ing by depositing in the United States mail, at least
fourteen (14) days before the date of said hearing, writ-
ten notice of such hearing, postage prepaid, in an enve-
lope addressed to the owners of the respective properties
abutting upon said street, within the limits above defin-
ed, as the names of such owners are shown on the then
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 did not appear on such render-
ed tax rolls, then addressed to such owners as their
names are shown on the then current unrendered tax rolls
of said City at their addresses shown thereon, which ad-
ditional written notices by mailing were deposited in the
United States mail by the City Clerk on March 5, 1970, 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 addresses of said
owners are here ordered and provided to be filed and re-
corded among said Cityts official records and that same
shall hereafter constitute a part of said Cityts official
records.
lRa
(e) That after due, regular and proper notice thereof,
all as provided by, and in accordance with, said law and
the Charter of said City, said hearing which notice was
so given was opened and held at 7:00 otclock p.m. on the
26th day of March, 1970, in the Council Chambers at the
City Hall of and in the City of Baytown, Texas, pursuant
to said Ordinance calling same and the notice thereof,
at which time an opportunity was given to all of said
property owners and other interested parties, their agents
and attorneys, to be heard and to offer evidence as to all
matters mentioned or referred to, and in accordance with
said Ordinances, notices and the law under which these
proceedings are being had, at which time the following
appeared and testified substantially as follows, to -wit:
A. J. BUSH, of Bush Engineering Company, the Cityts En-
gineer, explained the general type, nature and ex-
tent of the improvement proposed to be constructed
under this project, same being generally a rein-
forced concrete pavement 7 inches in thickness with
concrete curbs and gutters, the pavement to be 49
feet in width from back of curb to back of curb,
together with storm sewers and appurtenances.
SHORTY THARP, in response to questions from the City At-
torney, testified that he was a resident of Baytown
engaged in the real estate business for over 7 years
in said City, and in connection therewith has become
familiar and acquainted with real estate values
generally in said City and particularly with the
various properties abutting upon the portion of
Ward Road to be improved under this project; that
he is familiar with the general nature and type of
the improvements to be constructed by the City and
with the proposed rates of assessment to be charged
against said abutting properties as set out in the
published notice of this hearing; that, in his
opinion, if said improvements are constructed as
proposed by the City, each and all of the properties
abutting upon a portion of Ward Road to be so im-
proved will be specially benefitted in enhancement
in value as a result of the construction of such
improvement, and that in each instance the amount
of such enhancement in value will be an amount
equal to or in excess of $8.71 per front foot, which
is the amount proposed to be charged against such
properties and the owners thereof, except however as
to the following properties: Those properties front-
ing on the North side of said Street and being in
the Bowie Subdivision, Sections One, Two and Three,
the Eva Maud Subdivision, Sections One, Two and
Three, and the properties fronting on the South side
of said Street in the Milby Dale Annex Number Five
Subdivision, all of which properties are restricted
to residential use and side upon said Street, and
as to which properties the special benefits and en-
hancement in value will amount to 60% of the pro-
posed assessment or at the rate of $5.23 per front
foot; and those properties abutting on the South
-3-
side of said street and being in the Milby Dale
Subdivision, Section One, and which properties
are restricted to residential use and have the
back or rear of such property abutting upon said
Street and that as to such back abutting proper-
ties the special benefits resulting from such im-
provements will amount to 40% of the proposed
amount of assessment or at the rate of $3.48 per
front foot.
JAMES NAP, the owner of property on the North side of
said Street at 2502 Ward Road, formerly owned by
A. R. McNeill, stated that in his opinion his prop-
erty would not be benefitted in any extent by the
construction of the proposed improvement.
WILLIAM D. DARLING, an attorney representing J. D.
Parish, Jr., an owner of property at 1600 Gillette
Drive, in the Eva Maud Subdivision, stated that
this property was restricted to residential use
and that the construction of the improvements would
not increase the value or benefit this property
and that the increased traffic on the street re-
sulting from the improvements would decrease its
value as residential property.
R. J. WALKER, the owner,of property at 1106 Ward Road,
stated that his property fronts on the Street and
he didn't think he should be assessed 100% of the
proposed rate while property across the Street
from him is assessed only at 60 , as both prop-
erties were looking forward to commercial use.
J. D. WHITE, the owner of property situated at the cor-
ner of Ward Road and Narcille, stated that because
of the future curtailment of parking on the Street
and the noise from additional traffic and truck
use that his property would not be benefitted by
the construction of the improvements.
CHESTER S. BRANTLEY, the owner of Lot 1
Eva Maud Subdivision, Section Two,
his opinion his property would not
by the improvements as such paving
too much traffic on the Street and
become a speedway.
12, Block 5 of
stated that in
be benefitted
would cause
the same will
R. L. CRAMER, the owner of property described as Lot 1,
Block 3, Milby Dale Annex Number Five, stated that
there was a 20 foot easement on his property and
inquired whether this area would be included in
his assessment and was informed that it would be
so included.
LESTER TAYLOR, the owner of a tract of land at 1503
Ward Road, inquired about the location of the curb
and gutter and stated that he had donated the right -
of -way to the City for widening the Street and that
he did not think he should be charged for the im-
proving of the Street.
-4-
ROBERT L. PARKER, the owner of property located at Ward
Road and Richardson, stated that he could not under-
stand how his property would be benefitted from the
construction of the improvements.
STANLEY SEBESTA, the owner of property at 2408 Ward Road,
stated that he did not understand how his property
was classified as commercial property and that it
would not be benefitted by the improvements.
GEORGE F. SPANGLER, the owner of property located in the
Eva Maud Subdivision, Section Two, stated that he
did not think his property would be benefitted by
the construction of the improvements but on the con-
trary that same would be decreased in value.
(f) That said City Council has heard evidence as to the
special benefits in enhanced value to accrue to said abut-
ting properties, and the real and true owners thereof; as
compared with the portion of the cost of constructing
said improvements proposed to be assessed against said
properties, and has heard all parties appearing and of-
fering testimony, together with all protests and objec-
tions relative to such matters and as to any errors, in-
validities or irregularities in any of the proceedings
and contract for said improvements, and has given full
and fair hearing to all parties making or desiring to
make any such protest, objection or to offer testimony,
and has fully examined and considered all of said evi-
dence, matters, testimony and objections offered; and
based upon same, said City Council finds that all objec-
tions and protests should be overruled and denied except
to the extent of the reduction in rates and adjustments
in said assessments hereinafter made and shown in Section
4 hereof; and said City Council further finds that each
and every parcel of property abutting upon said street
within the limitsto be improved as herein defined, will
be enhanced in value and specially benefitted by the
construction of said improvements in an amount equal to
or in excess of the amount of the cost of said improve-
ments, as herein adjusted, proposed to be, and as herein,
assessed against each of said parcels of property abut-
ting upon said street, and the real and true owners
-5-
thereof; and said City Council did consider and correct
all errors, invalidities, or deficiencies called to its
attention and did find that all proceedings and contracts
were proper and in accordance with the laws under which
same.are being had and the proceedings of said City Coun-
cil theretofore had with reference to such improvements
and that all of same are in all respects valid and regul-
ar; and said City Council further finds upon said evi-
dence that the assessments hereinbelow made and the
charges hereby declared against said abutting properties
and the real and true owners thereof are just and equit-
able and did adopt the rule of apportionment set forth
below herein and the division of the costs of said im-
provements between abutting properties and the real and
true owners thereof, as being just and equitable and as
producing substantial equality considering the benefits
to be received and the burdens imposed thereby, and that
all objections and protests should be overruled and de-
nied.
Section 2: That there being no further protests or testi-
mony for or against or in reference to said improvements, bene-
fits or proceedings, said hearing granted to the real and true
owners of properties abutting upon said street within the limits
herein defined, and to all persons, firms, corporations and es-
tates, owning or claiming same or any interest therein be, and
the same is hereby closed and all protests and objections, whet-
her specifically mentioned or not, shall be, and the same are
hereby overruled and denied, except such thereof as relate to,
and to the extent of, the adjustments hereinafter made in Sec-
tion 4 hereof.
Section 1: The City Council hereby finds and determines
upon the evidence heard in reference to each and every parcel of
property abutting upon each of said street, within the limits
herein defined, that the special benefits in the enhancement in
value to accrue to said property, and the real and true owners
thereof, by virtue of the construction of said improvements in
said portions of said street, will be equal to or in excess of
the amount of the cost of said improvements, as herein adjusted,
proposed to be, and as herein, assessed against said abutting
ka
IQ
properties, and the real and true owners thereof, and finds
that the apportionment of the costs of said improvements, and
that the assessments hereinbelow made, are just and equitable
and produce substantial equality, considering the benefits re-
ceived and the burdens imposed thereby, and are in accordance
with the laws of the State of Texas and the Charter of said
City, and that all proceedings and contracts heretofore had
with reference to said improvements are in all respects regul-
ar, proper and valid, and that all prerequisites to the fixing
of the assessment liens against said abutting properties, and
the personal liability of the real and true owners thereof,
whether named or correctly named herein or not, have been in
all things regularly had and performed in compliance with the
law, and the proceedings of said City Council.
Section 4: That in pursuance of said Ordinance, duly
enacted by said City Council authorizing and ordering the im-
provement of said above described street, within the limits
hereinabove defined, and in pursuance of said proceedings here-
tofore had and enacted by said City Council in reference to said
improvements and by virtue of the powers vested in said City
with respect to said street improvements by the laws of the
State of Texas, with particular reference to Chapter 106 of
the Acts of the First Called Session of the 40th Legislature
of the State of Texas, known and shown as Article 1105 -b of
Vernonts 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 is hereby levied, assessed
and taxed against the respective parcels of property abutting
upon said street, as hereinbelow described, and against the
real and true owners thereof, whether such real and true owners
-7-
5a
im
be named or correctly named, or said properties be correctly
described herein or not, the several sums of money hereinbelow
mentioned and itemized opposite the description of such prop-
erty, the number of front feet of each, and the several amounts
assessed against same and the real and true owners thereof, and
the names of the apparent owners thereof, all as corrected and
adjusted by said City Council, being as follows, to -wit:
(HERE INSERT ASSESSMENT ROLLS)
CT' l RDLL - NCR H SIDE - PAVING WARD ROAD FROM HIG!-UAY 146 TO KIL•GORE ROAD - CONTRACTOR:
Pkinel
r 0,ner z:nd'
WARREN BROT1F.RS
Assess- Assessment Total Total Total
Front ment Rate Rate for for for
Feet for Curb Paving Curb Paving Assessment
i
SjC Ca P_.1NY A TE?i`,S C08PiiRATION TRUSTEE
678.06 $ .85 -$7.86 $ S76.3S $ S,329.0 $ 5, 905.90
ESN. that certain SM7 acre tract of land conveyed to S/C Management Company,
a `exEz, Corporation, Trustee, by Charles Sue and Albert N. Nelson by deed recorded
ir: Volu m� 7795, at page 585 of the Deed Records of Harris County, Texas; less that
portion acquired for right-of-way by the CITY OF BAYTO1NN and described in Document
filed it" the Icu ty Clerk of Harris County under file No. C912152.
. -:A
C1TIELENS 1NK & TRUST COMPANY, INDEPENDENT EXECUTOR FOR
T' E ES00 OF CUBA CREER -
120 .85 7.86 102.00 943.20 1,045.20
,_ T all of that certain tract of lana described In deed from-1711gene P. Davis,
�
e L x Lula E. to Mrs. Cuba Greer Heflin by deed recorded in Volume 1047, at Page
is?, of ine ?geed Records of Harris County, Texas; save and except that certain
parcel conveyed to the City of Baytoti%n for right -of -wad• by deed recorded in
'kc!ure 7522, at Page 220, of the Harris County Deed Records.
il:L.'LI :\, L. SCHULZ, JR. ND NETA T. SQR LZ
120 .85 7.86 102.00 9433.20 12045.20
77:176 ail tnat cortai_i tract of-land conveyed to- William L. Schulz, Jr. and
li to T. Schulz by Champ E. Crawford et ux Kathryn by deed recorded in Volume
4546, at Page 563, of the Deed Records of Harris County, Texas; save and except
that certain parcel conveyed to the City of Baytown for right -of -way by deed
recorded in Volume 7398, at Page 434 of the Deed Records of Harris County, Texas.
3
FLY J. 1,,ALKER ET UX PATRICIA LUCILLE
191.96 .85 7186 163.17 1350800 1,671.97
6775-all—that certain tract of land conveyed to Roy J. Walker, et us Patricia
locille, by Cuba Greer, a feme sole, by deed recorded in Volume 3086, at Page
540 of the Harris County Deed Records; save and except that certain parcel
3
conveyed to the City of Baytown for right -of -way by deed recorded in Volume
7398, at Page 436, of the Deed Records of Harris County, Texas.
4
LEO I. �EYEERSDN .k!) Z. H. iW11N
!:NG all that certain tract of land conveyed to Leo I. Meyerson and Z. H.
483.46 .85 7.86 410.94 3,800.00 41210.94
Ku_lu by Ea.tl=zin Funeral Home, Inc., by deed recorded in Volume 6992, at Page
264, of the need Records of Harris County, Texas; save and except that certain
parcel conveyed to the City of Baytown for right -of way by deed recorded in
t
V'oliaree 7412, at Page 203, of the Deed Records of Harris County, Texas.
_ 1 _
'Forth 5i.:le - Paving Ward Road from Highway 146 to Kilgore Road -
Contractor: Warren Brothers
Assess-
Assessment
Total
Total
Front
ment Rate
Rate for
for
for
Total
d D ��crintion
Feet
for Curb
Paving
Curb
Paving
Assessment
r.L{ T
130.05
.51
4.72
66.32
613.84
680.16
i•'!J�t. 1, 'Eva Maud" Subdivision, Section One; save and except that
cor�;-eved to the City of Baytown for right -of -way by.deed recorded
y�. `,`oi'.-.e 73,98, at Page 426, of the Deed Records of Harris County, Texas.
L D :kQKER ET a' F'BANCES C •
126.95
.51
4.72
64.74
599.20
663.94
;± ! K o� 'Eva ,aua ubdivis ion, Section One.
:i ?:.�L D. P��:RIS11, JR. , ET UX 1`ERA G.
127.46
.51
4.72
65.00
601.61
666.61
77 ��, .7-0.. - , ' .va I%a� un ivzsion, Section One.
LI"�'J, ET U\ BESSIE AtaE
128.34
.51
4.72
65.45
605.76
671.2I
D, Z. 3 ) o va � :au ubdivision, Section Die.
;'.,.GTE F. SP,,),NGLER, ET US WA` DA 0.
128.34
.51
4.72
65.45
605.76
671.21
�� �4 LL5x:K 3 of "Eva 1~1aua��ubdivision, Section Two.
AN I LE, ET UX JOYCE
128.34
.51
4.72
65.45
605.70
671.21
C �, of "Eva aud" Subdivision, Section Two.
C: i::STEI: S I.R ANTLrY, ET UX ELF,'MDE D.
124.72
.51
4.72
63.60
588.68
652.28
.
lJ; 112, . t .. , of Eva u Subdivision, Section Two.
E "r u;X P.ty-,Y PAULINE
135.59
.51
4.72
69.15
639.93
709.13
of " va ' ia ' u ub lvision, Section Two.
3 j' SSF: M. R01 RIGt1E', ET UX ROSa NELLIE
120
.51
4.72
61.20
566.40
627.60
L%.1FU, z3._U K o, of "Eva Maud' Sub zvision, Section Three.
i : TO. "?'•tIE STONES, ET UX ANNELISA
120
.51
4.72
61.20
566.40
627.60
jMCK 7, o "Eva Maud" Subdivision, Section Three.
.5 RZ ';. TAYLOR, ET UX DELORIS
120
.51
4.72
61.20
566.40
627.60
L:'T 1, or Bowie • Subdivision, Section One
- 2
-
as_e;sment Roll - Forth Side - Paving Ward Road from Highway 146 to Kilgore Road -
Contractor: Warren Brothers
Assess- Assessment Total Total
Parcel
Front ment Rate Rate for for for Total
tiu7ber
a,-ner and Description
Feet for Curb PavinQ Curb Paring assessment
lU
d?,'�U:S A. !,JSELEY, LT UX 30YCE.M1.
120 .S1 4.72 61.20 566.40 627.60
:57i' 28 of "Bowie" Subdivision, Se,ction One.
7
JCS -�J W. n'LER, ET UX LORA1ti'E
120 . S1 4.72 61.20 566.4.0 627.60
, of oi;le ub ivision, Section Two.
i's
PX, L W. 1%'ADE, ET LPK BETTY
120 .51 4.72 61.20 566.40 627.60
LU; ;0 of owie' Subdivision, Section Two.
in•f•S D. I %TIITE, ET U\ ALN11 F.
110 .51 4.72 56.10 519.20 575.30
T 777/-, of Bowie ubd vlslon, Section Taree.
'l
.. ,l
T., =�;
C. a. . J' 1,. - -L..
744.39 .85 7.86 632.73 5,850.90 6,433.63
a portioi, of tl- t certain 25.82268 acre tract of 'land conveyed to
C. J. 3ai1 ° }-, Jr., Uy ii. ii. Duke, et ux Lenora by deed recorded in Volume
-ISMS, at Page 30, of the Deed Records of Harris County, Texas,and being
T,:o.-e particularly described by metes and hounds as follows:
i3i:tI���Iir "G at the point cf intersection of thd East right -of -way line
o` Narcille Drip;e, and the North right -of -way line of Ward Road;
ItIL-NCE, Easterly with the North right -of -way line of Ward Road, a
t3ist;nce of 787.42 feet to the West right -of -way line of a 70' wide Barris
CCLZ)ty Flood Control Ditch right -of -way, said right -of -way described in
decd recorded in Voltnie 5002, at Page 233 of the Harris County Deed Records;
i't;;F, 'northerly with the best right -of -:,ay line of the said Barris
Coihty F cod Control Ditch right -of -way, a distance of 178.90 feet to the
Sn,..tl: line of "Bov.ie" Subdivision, Section Six;
TrII-NCE, Westerly with the South line of Bowie Subdivision, Section Six,
a distance of 792.72 feet to the East right -of -way line of Narcille Drive;
TaLNCE, Southerly with the east right -of -way line of Narcille Drive, a
distance.of 156.89 feet to the POINT OF BEGINNING; save and except a fifty
foot % -.ide right -of -way for Happy Valley Drive as designated on the recorded
plat of "3owie Subdivision ", Section Six.
21
iLaRRIS C,OUITY FLOOD CONTROL DISTRICT
70 No Assessment - - - - - --
Flood Control Ditch Right-of-Way
- 3
-
r
Assessment Roll - North Side - Paving Ward Road from Highway 146 to Kilgore Road -
Fdreel
Nurrber Oti•,ner and Description
Contractor: Warren Brothers
Assess- Assessment
Front ment Rate Rate for
Feet fb o r Garb Paving
Total
for
Curb
Total.
for
Paving_
Total
Assessment
22
OLYINTIA RECREATION CLUB, INC.
233.09
.85
7.86
198.13
12832.09
21030.22
. L of certain tract o and conveyed to the Olympia Recreation Club,
Inc.
by John M. Kilgore a,,-id others by deed recorded in Volume 5545, at Page 509,
of
the Deed Records of Harris County, Texas.
23
D.A1,1 D ROGERS AND ALVIN CHARLES SUE
773
.85
7.86
657.05
6,075.78
6,732.83
.;, o t tac6e two certain tracts of and described in deed from 0. W. Ward
r;'--:.corded in Volume 7270, at Page 327, of the Harris County Deed Records.
2
ST:iNLEY SIESTA, ET UK ARLEBT FRA'N'CIS
207.45
.85
7.86
176.33
1,630.56
1,806.89
ALI 61 that certain tract of an escribed in deed from J. M. Gilbert,
et ux Albin.a to Stanley Sebesta, et ux Arlene Frances, recorded in Volume
2C -59, at Page 215 of the Deed Records of Harris Cowity, Texas.
?
A.. R. ET UX OPAL
207.45
.85
7.86
176.33
12630.56
13-806.89
71—L of at certain tract of land conveyed to A. R. McNeil, et ux Opal
by C. H. Gillette, et ux Daisy.
25
0. L. CLEVEtiGER AND 11. A. McELHAN1NON
207.45
,85
7.86
176.33
1,630.56
1,806.89
L that certain tract of an conveyed to 0. L. Clevenger and W. A.
"'-;E: han:�on by Wayne M. Price, et ux Zelda by deed recorded in Volume 7488,
at Page 143, of the Deed Records of Harris County, Texas.
TOTALS - NORTH SIDE
4 ' -
$4,319.82 $390953.39 $44,273.21
RDLL - SOUIH SIDE - PAVING 'HARD ROAD FROM HIMMY 146 TO KILGORE ROAD - CONTRACTOR: WARREN BRO'I WM
TI
Assess- -
Assessment
Total Total
;L.2->er
Nmer and Description
Front
Feet
ment Rate
for Curb
Rate for
Paving
for for
Curb
Total
Pavin
Assessment
27
S T PAUL.��
0 t certain tract of land conveyed to Steve Paul by Paul E. Meister by
308.30
.85
7.86
262.05 2,423.24
2,685.29
Jeed recorded in Volume 2366, at Page 610, of the Deed Records of Harris County,
"'exas
.
J. GR4Y
T,�iat certain tract of land conveyed to E. J. Gray by Gray Realty Company
567.00
.85
7.86
481.95 4,456.62
4,938.57
by deed recorded in Volume 5115, at Page 282, of the Deed Records of Harris
f:cLTty, Texas; save and except that certain parcel conveyed to the City of
ayt wp for right -of -way by deed recorded in Volume 7398, at Page 428 of the
Deed Records of Harris County, Texas.
29
F. H. HARRIS ET UX OCELLA
MyL of L t , o ,_tilby Dale Subdivision, Section One, save and except
70.65
.34
3.14
24.02 221.84
245.86
t!iat certain parcel conveyed to the City of Baytown for right -of -way by deed
recorded in Volume 7412, at Page 207, of the Harris County Deed Records, Harris
C atu) ty, Texas.
70
,AUL? \E RUIH LEIRNN %.N (jtiidow)
L01 2Y BILCK 1 of ,h y Dale Subdivision, Section One, save and except that
70.65
.34
3.14
24.02 221.84
245.86
ce -1-t in parcel'of land conveyed to the City of Baytown for right -of -way by
creed recorded in Volume 3118, at Page 292, of the Harris County Deed Records.
31
GCIL PRESTaN RHIIE ET UX I11,10 T,
1 �3, LUuK I of Milby Dale- ivision, Section One; save and except that
70.65
.34
3.14
24.02 221.84
245.86
certain parcel of land conveyed to the City of Baytown for right -of -way by
deed recorded in Volume 7398, at Page 438, of the Deed Records Harris County
of
L exas .
32
S. C. FRFNCH ET UX ZELLA
Lv , BWUK I of iiiby Dale Subdivision, Section One; save and except that
71.05
.34
3.14
24.16 223.10
247.26
certain parcel of land conveyed to the City of Baytown for right -of -way by
Deed recorded in Volume 7434, at Page 46, of the Deed Records of Harris
County, Texas.
- 5 _
CI
Roll - South Side - Paving Ward Road from Highway 146 to Kilgore Road - Contractor: Warren Brothers
Assess- Assessment Total Total
Pa.:-cel Front ment Rate Rate for for for Total
Nub er DNner and Description Feet for Paving Cures b Paving Assessment
_
X692.114
3;
X'1 TEL C. EDWAPnS, ET UX BETTY" J.
146.64 .51 4.72 74.79 766.93
r. o� ;'s y llaferu ?ex Number Five; save and except that certain
V: of land conveyed to the City of Baytown for right -of -way by deed
recorded in Volume 7398, at Page 432, of the Deed Records of Harris County, Texas.
34.
I:JY FERRELL, ET UX ESIELLE
117.60 .51 4.72 S9.98 555.07 615.05
L ,,,7-7, BLOCK _, of _ y ale Annex, Number Five; save and except that certain
parcel of land conveyed to the City of Baytown for right -of -way purposes by deed
recorded in Volume 7409, at Page 166, of the Deed Records of Harris County, Texas.
3S
R�3ERT LEE CRkMER, ET ilk JE NIE
173.8 :51 4.72 88.64 820.34 908.93
E ZT1 ti �, or slily Dale nex , Number Five; save and except that certain
,
parcel of laid conveyed to tine City of Baytu..,n for right -of -way by deed recorded
i >� ;'olu;ae 4S97, at Page 324, of tine Deed Records of fiarris County, Texas.
36
L;.:STEP TAY1,C)R, ET UX FLORENCE
180.96 No Assessment --- - - - - --
L of t:zat certain tract or land conveyed to Lester Taylor, et ux Florence,
by Taylor in deed recorded in Volw»e 1202, at Page S43, of the Deed
R cords 6f i-arris County, Texas; save and except that certain parcel of land
conveyed to the Cit., of Baytown for right -of -way in deed recorded in Volume 2314,
at rage 297, of the Deed Records of Harris County, Texas.
37
CITY Or BAYTCIti�i ;FIRE S AFION)
190.00 No Assessment --- - - - - --
A o that certali7 tract o and conveyed to the City of Baytown by W. J. Nold,.
Bishop of tie Galveston Diocese of the Catholic Church in deed recorded in Volume
,199, at Page 67; of the Deed Records of Harris County, Texas.
38
BISHOP OF GALI,ESTON - DIOCESE CATIiOLIC CHURCH
12340.62 .85 7.86 11139.53 10,537.27 11,676.80
?!L of. that certain tract of land conveye to Bishop of Galveston Diocese of
the Catholic Church by r1ae S. 11'ynne McFarland, et al in deed recorded in Volume
3140, at Page 397, of the Deed Records of Harris County, Texas; save and except
.J.at certain parcel conveyed to the City of Baytown in deed recorded in Volume
-3199, at Page 67, of the Deed Records of Harris County, Texas.
a
I
- 6 r
AssessMent Roll - South Side - Paving Ward Road from Highway 146 to Kilgore Road - Contractor: Warren Brothers
Assess- Assessment Total Total
Front ment Rate Rate for for for Total
Pa.;cel
Paircer
Oti.:.er and Description
Feet for Curb Paving_ Curb Paving Assessment
265.00 .85 7.86 225.25 2,082.90 22308.15
39
D: COX
rr :rN a' parce'l or tract of land out of the Whitney Britton Survey, Harris County
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the South right -of -way line of Ward Road, said point
being the Northeast corner of that certain tract of land conveyed to the Bishop
o.- the Galveston Diocese of the Catholic Church in deed recorded in Volume 3140,
at Page 397, of the Deed Records of Harris County, Texas; IMNCEI from the POILti'T
0: BEGI,'iING, North 80 deg. 06' 14" East along the South right -of -way line of
"
1ti�:rd Road, a distance of 265.00 feet to the Northwest corner of a tract of land
cc-)Pve}-ed to Jones 7 -11 -7, Inc. of Bayto «1 by deed recorded in Volume 6599, at
P':ge 217, of the Deed Records of Barris County, Texas; TIU]-�`CE, South 10 deg.
i- f 46" East with the West line of the Jones 7 -11 -7, Inc. tract, passing the
S:-ati:;tiest corner of said .Jones tract at 125.00 feet, -� id continuing for a total
d.-.stance of 200 feet; TIiENCE, South 80 deg. 06' 14" best, a distance of 265.00
f!et to the East line of the.above mentioned Catholic Church tract; TEffNCE,
N )rt:h 10 deg. 12' 46" West with the East line of the Catholic Church tract, a
d sta,-jce of 200.0 feet to the POINT OF BEGINNING.
0
jt' N:-S 7 -11 -7, INC. OF tBM70v1I
125.00 ,.85 7.86 106.25 982.50 11083.75
ti�: that certair, tract of and conveyed to Jones 7 -11 -7, Inc. of Baytown by
Triu"ian D. Cox in deed recorded in Volume 6599, at Page 217, of the Deed Records
of Harris ColultV, Texas.
l
Et� L. Ch�F�:, TRUSTEE
485.00 .85 7.86 412.25 3,812.10 4,224.3 :,
___
71,= —.at� t certain tract of land conveyed to Robert L. Clark, Trustee by Texas
Inteniational Properties, Corp., in deed recorded in Volume 7476, at Page 594,
of the Deed Records of Harris County, Texas.
4
= E �tii IITai.ER, ET LJ.I' , VIOLET
316.5 .85 7.86 269.02 2, 487.69 2V756.71
. .
ALL of that certain. tract ot land conveyed to R. E. Whitaker, et ux Violet,
by Pink E. Lewis in deed recorded in Volume 1361, at Page 542, of the Deed
Records of Harris County, Texas.
43
N�R RIS COC\TY FLOOD CONTROL DITCH
70.00 No Assessment -- -- -- -- --
Right -o -way.
7
I
M
Is
4"
Y
1�
i`
Oe r
oll - South Side - Paving Lard Road from Highway 146 to Kilgore Road -
Contractor: Marren Brothers
Front
t7.„ per avid Description Feet
:ASSOCIATES LTD. A LIMITED PARTNERSHIP
a portion o mat certain parcel oF land conveyed to Vornsand and
Ltd., a Limited Partnerslu p in deed recorded in Volume 7535
at Pa -e 73, of the Deed Records of Harris County, Texas, and being more
partict:iarly described by metes and bounds as follows: BEGINI ING at the
'�crti:�;est corner of the above mentioned tract, said point being located in
ti.e Saud': right -of -way line of Ward Road; THENCE, Easterly with the South
line of VIard Road, a distance of 315.66 feet to the most North -
erjy ':
Lr. '.cli - S� :.th Side - raving lard Roz:d fro i Higlyay 146 to Kilgore Road - Contractor; Warren Brothers
I-
- 9 -
L
Assess- Assessment Total Total
Parcel
Front ment Rate Rate for for for Total
C;-,)er end Description
Feet for Curb Paving Curb Paving Assessment
47 Ccntin: d -
.k;ard Road, a distance of 38.41 feet to the Northwest corner of a tract of land
conveyed to Vornsand and Associates by Vornsand Electric Company by deed
r::ccrde ? in Volume 7535, at Page 60, of the Harris County Deed Records; THENCE,
Seat+ 9 deg. 15' East, a distance of 100.00 feet; THENCE, South 59 deg. 51 West
u st.--?ce of 38.41 feet; TtIFI , South 85 deg. 31' West, a distance of 101.23 feet
tc; the Southeast corner of the above mentioned Harold C. Brown tract; THENCE,
\c;r+-h 9 deg. 15' West with with the East line of the Broim tract, a distance of 100.
feet is the POI \-11-Or SEGININING.
, A LIr --iITED PART TN];R.SIfIP
174.14 .85 7.86 148.02 1,3b8.7 : 1, 516.76
L -cac s o: }c ai! t�tio c�cccc is eed :Lrom Vo�,r.s4aslc] Electric Corzpany
tc IF _ s,n-a kssoci-ates) Ltd., a LLiii.ted Partnership and recorded in Volume
7 ,';5, ac Page 60, of the Deed Records of Harris County, Texas.
A9
ELi= .CTRIC CC.,?A.NTY INC .
z
91.15 .85 7.86 77.48 716.44 79:.9?
c. c.at rta n tract o�and conveyed to Vornsand Electric Company, Inc.
b-, Bcbby C. Purswell, et ux Evelyn L. by deed recorded in Volume 7429, at Page
1:4, of the Deed Records of Harris County, Texas.
Ff Ln P.Co.UIE A.
100 .85 7.86 85.00 786.00 871.00
o` tt� „_ Berta Lra�tc laic, co:-,.eved �o Wilfred N1. Einnhiser, et ux
:saiie A. by Vo;�scu d Electric Comm :y by deed recorded in Volume 7437, at
page 4 W. , of the Deed R°co -ds of Harris County, Texas.
100 .8S 7.86 85.00 786.00 871.00
7 c t certain tract of land coni eyed to Leon Wied by Marvin Kilgore,
er <-1, by creed recorded in Volume 4532; at Page 181, of the Deed Records of
H.arris C� )LII :ty, Texas.
5.'.
;OHN %,C)PORIL ET UK FAY AND ELLA A14 01NTLEY
.100 .85 7.86 85.00 786.00 871.00
ci t,at certa2 tract o an conveye to John Vorporil, et. us ray, and
E:-1 1-a '•'ae i�,'.iatie,r by L. E. �kisorove, et us Antoinette in deed recorded in.
;'ch.- 3840, at Page 216; of the Deed Records of Farris County, Texas.
- 9 -
L
:tall - South Side - Paving Ward Road From Highway 146 to Kilgore Road - Contractor; Warren Brothers
Assess- Assessment Total Total
Parcel Front ment Rate Rate for for for Total
and Description. Feet for Curb Paving Curb P in . Assessm:it
—�-
;3
s. B. TRa�''IS ET UX MARY h14IZE . -- -
100
.85
7.86
85.00
786.00
871.00
s that certain tract ot land conveyed to E. B. Travis, et ux Mary Maize
by miarvin Kilgore, et al in deed recorded in Volume 3857, at Page 131, of
the Deed Records-of Harris County, Texas.
BIS,H:)P
100
.85
7.86
85,00
786.00
871.00
of t at certain tract of land conveyed to F. E. Bishop by Marvin Kilgore
et al indeed recorded in Volume 3289, at Page 193, of the Harris County Deed
Records, Harris County, Texas.
11 ET UX MARY C . GEC ~ ALLE\ PI:R
100
.85
7.86.
85.00
786.00
8 71.01 G
LL cf trat certain tact o lam conveyed to Gene Allen Richardson, et ux,
�' ry C. by W. D. Going, et ux Billie Jean in decd recorded in Volume 6764,
at ;Page 2S5, of the Deed Records of Harris County, To cas,
56
�iC`. '-.S I =IS: R WON% ET UX BE.ITRICE �tAJ�
100
.85
7.86
35.00
786.00
S71.00
:;._ o ±-hat certain tract of an conveyed to Thomas Fisher Odom, et ux
Leatrice Lie by Oscar G. Wier, et ux Mildred, in deed recorded in Volwne
7016, at Page 459, of the Deed Records of Harris County, Texas,
TOTALS -SOUTH SIDE
E '
$4,593.43
$42,476,33
S47,069.;-
.s
i
PREPA4 D BY.
A. J. BUSCII, , , T.
BAYTOWN ENGINEERING COMPANY
1107.FLEETWOGD DRIVE
BAYTOWN, TEXAS 77520
-
- 10 -
N
Section 5: That the several sums mentioned above in Sec-
tion 4 hereof, assessed against said parcels of abutting property
and the real and true owner or owners thereof, whether said own-
ers be named or correctly named, herein or not, together with in-
terest thereon at the rate of six per cent (6 %) per annum and
with reasonable attorneys' fees and all costs and expense of col-
lection, if incurred, are hereby declared to be and made a first
and prior lien upon the respective parcels of property against
which same are assessed from and after the date said improve-
ments were ordered by said City Council, and a personal liability
and charge against the real and true owner or owners thereof,
whether or not such owner, or owners, be named, or correctly
named herein, paramount and superior to all other liens, claims
or titles except for lawful ad valorem taxes; and should more
than one person, firm or corporation, own an interest in any of
said parcels of abutting property, each such person, firm or
corporation shall be personally liable for his, her, or its pro
rata part of the total assessment levied against said property
in proportion as his, her or its interest in said property bears
to the total ownership of such property, whether or not such in-
terest, or the amount, or name of the owner thereof, be set out
herein, or in the certificate issued in evidence of such as-
sessment, and such interest of any such person, firm or corpora-
tion in such property may be discharged and released from said
assessment and lien upon the payment of such proportionate part
of said total assessment, together with interest at the above
stated rate to date of payment, to the legal holder of such as-
sessment; and that the sums so assessed shall be payable as fol-
lows, to -wit: in six (6) equal annual installments, the first
of which will be payable thirty (30) days after the completion
and acceptance of said improvements by said City Council, and
the five (5) remaining installments to be due and payable,
respectively, one (1), two (2), three (3), four (4) and five
(5) years from and after said date of acceptance of said im-
provements by said City Council,deferred payments to bear in-
terest from such date of acceptance at the rate of six per cent
(6 %) per annum, payable annually, past due installments of prin-
cipal and interest to bear interest at the same rate per annum
until paid; however, any owner of such property shall have the
right to pay off the entire amount of any such assessment, or
any installment thereof, before maturity by paying principal
and accrued interest to date of said payment; and provided fur-
ther, that if default shall be made in the payment of any in-
stallment of principal or interest when due, then the entire
amount of said assessment upon which such default is made shall,
at the option of said Contractor, or its assigns, be, and be-
come immediately due and payable and shall be collectable, to-
gether with reasonable attorneyts fees and all costs and ex-
penses of collection, if incurred.
Section 6: That the City of Baytown shall not be liable
in any manner for the payment of any sums hereby assessed against
said abutting property and the owners thereof, but said City
shall, when requested so to do, exercise all of its lawful pow-
ers to aid in the enforcement and collection thereof; and if de-
fault shall be made in the payment of any of said sums herein
assessed against the said parcels of abutting property, and the
real and true owner or owners thereof, collection thereof shall
be enforced, at the option of said Contractor, or its assigns,
-10-
W
either by suit in any court having jurisdiction, or by sale of
the property assessed as nearly as possible in the manner as
may be provided by law in force in said City for the sale of
property for the collection of ad valorem taxes.
Section 7: That for the purpose of evidencing said as-
sessments, the liens securing same and the several sums assessed
age nst the said parcels of abutting property, and the real and
true owner or owners thereof, and the time and terms of payment,
and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of Baytown, Texas, to Warren Brothers
Company, Gulf District, Division of Ashland Oil and Refining Com-
pany, upon the completion and acceptance of said improvements in
said street, which certificates shall be executed by the Mayor
in the name of the City, attested by the City Clerk with the
Corporate Seal, and which certificates shall set forth and evi-
dence the assessments levied, and shall declare the amounts of
said assessments and the times and terms thereof, the rate of
interest thereon, the date of the completion and the acceptance
of the improvements for which the certificate is issued, and
shall contain the name of the apparent owner or owners, and the
description of the property assessed by lot and block number
or front footihereof, or such other description as may be suf-
ficient to identify the same, 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 giving the name of any owner or owners, or other-
wise, shall in anywise invalidate or impair the assessment levied
hereby or the certificate issued in evidence thereof.
That the said certificate shall further provide substan-
tially that if default shall be made in the payment of any in-
stallment of principal or interest when due, then at the option
-11-
of said Contractor, or its assigns, or the holder thereof, the
whole of said assessment evidenced thereby shall at once become
due and payable and shall be collectable with reasonable attor-
neyts fees and all expenses and costs of collection, if incur-
red, and said certificate shall set forth and evidence the per-
sonal liability of the real and true owner or owners of such
property, whether named or correctly named therein or not, and
the lien upon such property, and that said lien is first and
paramount thereon, superior to all other liens, titles and
charges, except for lawful ad valorem taxes, from and after the
date said improvements were ordered by said City Council, and
shall provide in effect, that if default shall be made in the
payment thereof, the same may be enforced, at the option of
said Contractor, or its assigns, either by the sale of the
property therein described in the manner provided for the col-
lection of ad valorem taxes as above recited, or by suit in any
court having jurisdiction.
That said certificate shall further recite in effect
that all the proceedings with reference to making said improve-
ments have been regularly had in compliance with the law and
Charter in force in said City and proceedings of the City Coun-
cil of said City, and that all prerequisites to the fixing of
the assessment lien against the property and the personal liabi-
lity of the real and true owners or owner thereof, evidenced
by such certificates have been regularly done and performed,
which recitals shall be evidence of all the matters and facts
so recited, and no further proof thereof shall be required in
any Court.
That said certificates shall further provide in effect
that the City of Baytown, Texas, shall exercise all of its law-
ful powers, when requested so to do by the holder of said
-12-
s
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 effect thereof shall suffice, and
that the foregoing provisions as to the contents of said certi-
ficates are directory only.
Provided however, that the failure to issue any such
certificate or certificates shall in no way invalidate any of
the assessments herein levied but such assessments shall in any
event be valid and due and payable as herein provided.
Section 8: That it is the intention of said City Coun-
cil herein to, and it does hereby, levy, assess and charge the
assessments at the rates per front foot, and in the amounts as
hereinabove set out, upon and against each and every parcel of
property abutting upon said street and within the limits above
defined, whether or not such property be accurately described
herein, so that, nevertheless, each and every parcel of prop-
erty abutting upon said street and the real and true owner or
owners thereof shall be, and is hereby, charged and assessed
with its portion of the costs of such improvements, at the
rates and amounts hereinabove set out for the number of front
feet each such parcel of property abuts upon such street, with-
in said limits herein defined; and further, notwithstanding the
hereinabove set out descriptions of said abutting properties,
it is the intention of said City Council herein to, and it does
hereby, assess, levy and charge the assessments at the rates
and in the amounts as hereinabove provided for and set out, in
each case upon and against only the lots, parcels or subdivi-
sions of the property actually abutting upon said street, when
said property is unimproved, and when same is improved then
against the lots, parcels or subdivisions thereof actually
abutting upon said street, together with so much of any con-
tiguous or adjoining lots, parcels or subdivisions thereof
occupied by, or used in connection with, said improvements.
That all such assessments levied are, and shall be, a person-
al liability and charge against the respective real and true
owner or owners of said abutting properties, notwithstanding
such owner or owners may not be named or correctly named, and
any irregularity in the name of the property owner, or the
description of any property or the amount of any assessment,
or in any other matter or thing shall not in anywise invalidate
or impair any assessment or lien levied hereby or any certifi-
cate issued hereunder, and any such mistake, or error, invali-
dity or irregularity, whether in such assessment or in the certi-
ficate issued in evidence thereof, may be, but is not required
to be, in order to be enforceable, corrected at any time by the
City Council of the City of Baytown, Texas.
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,
are the same, or less than, the estimates of said assessments
prepared by the Cityfs Engineer and approved and adopted by
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
Chapter 106 of the Acts of the First Called Session of the 40th
Legislature of the State of Texas, known as Article 1105 -b of
Vernonts Annotated Civil Statutes of Texas, as amended, and as
adopted by Section 7, Article I of the Charter of said City,
_ 14-
I Affillb,",
under which terms, provisions and powers of said Acts said im-
provements and assessments were had and, made by said City
Council.
Section 9: Effective date.- 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 t1-.e. City of Bay-town, Texas, on this the day
of March, 1970.
ATTEST:
Edna Oliver, City Clerk
William R. Laughlin,
City Attorney
C. GLEN WALKERI
-15-
MAYOR