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Ordinance No. 1,426P ORDINANCE NO.1426 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 GARTH ROAD WITHIN THE LIMITS HEREINBELOW DEFINED,IN THE CITY OF BAYTOWN,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 HEREINBELOW 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- PERTY OWNERS;LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS;PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION;PROVIDING FOR OTHER MATTERS RELATING TO THE FORE GOING;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.1288 duly adopted and approved on October 26,1972, as amended by Ordinance No.1329 duly adopted and,approved on January 12,1973, said City Council did determine the necessity for and ordered the permanent improvements of the following named street in the City of Baytown within the following limits,to-wit: GARTH ROAD,from the North line of Park Street to the South line of Baker 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 execute a contract with,Warren Brothers Company,Gulf District,Division of Ashland Oil,Inc.,for the construction of said improvements as authorized by Ordinance No.1320 duly enacted on December 21, 1972,and by Ordinance No.1330 enacted on January 11,1973. (c)That the City's Consulting 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 estimates of the amounts per front foot proposed to be assessed against the property abutting thereupon and the owners thereof and of other costs and matters relating thereto,all as required by law,which statement of esti mates was received,examined and approved by the City Council by Ordinance No.1399 enacted on May 9,1973,and further said City Council did by said Ordinance No.1399 order and set a hearing to be held at 7:00 o'clock p.m. on the 28th day of June,1973,in its Council Chambers at the City Hall of and in the City of Baytown,Texas, for the real and true owners of the pro perties 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 ..1 -"V ^iJ^'J ^'.V H-,jV j-.J ""'•*''^~ ■*:j."J IJ Ci .^;.'>;;./.j;)!;0U C;.:C, ^C^OU '/J.•:.•;..■L ,'J.J.'.J" .'*-■«-t 1 ■>.'--•'.-.'-•: i.j..'.vJ<;J U •■•t*J ■■'J ^..,.:'x/ •;:^i.,:c:.A^:.i.-L'...el '.^i;.Li-.v-\J;;J .'..;t-..:-{.ic^y lit: ;c.u...>_.(..uijjiiuii..wit.,i'^-'■1 !:t>L.ti:.«.v ;i:.i..-.^c SO H ...Ll;flLK j.U _VL;:i:--j:)i.'i.i \Ji:boi.i.'C<%..i.:■i--J:l ^.\a\CC .',„;....i.c J.'.i (.':.i ...J.i Ll.'.'ir.UJ ..U ifii.-.UCJ.j.f'Lcc'O .J..J vi ■J.i.:.-'.^.I.'!k.iOlj\ji\i.. il \ic\:...\\.y...-\\ji i;;lj..'.Ui. is;inc.vJ.../.uc ^V/.j-c ..j.L iii:vui...4..'Ji/-ii:'._u ..in.in.vi ■■i.v-.i ~\i\\:.CVs iiiiK.ii lit J.r.u oil/.UU i: Vtaj^j/ 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 proceeding or con tract concerning same,at which time all persons,firms,corporations,estates, owning or claiming any such abutting property,their agents or attorneys,or any persons interested in said proceedings,might appear in person or by counsel and offer evidence. (d)That said City Council did further by said Ordinance No.1399 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 required by law governing these proceedings,has been properly and duly given,in the form and for the time as required by 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 Baytown,Texas,the first publication being made at least twenty-one (21)days before the date of said hearing, the date of such publications being June 6,1973,June 7,1973,and June 8, 1973,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 above defined,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 rendered tax rolls,then ad dressed to such owners as their names are shown on the then current unrendered tax rolls of said City at their addresses shown thereon,which additional written notices by mailing were deposited in the United States mail by the City Clerk on June 13,1973,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 recorded among said City's official records and that same shall hereafter constitute a part of said City's official records. (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 o'clock p.m.on the 28th day of June,1973,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 pro perty 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 pro ceedings are being had,at which time the following appeared and testified substantially as follows,to-wit: -2- A.J.BUSCH of Busch,Hutchison &Associates,the City's Consulting Engineer on the Garth Road Project,explained the general type,nature and extent of the improvement to be constructed under this project,the same being generally,a reinforced concrete pavement 7 inches in thickness with concrete curbs and gutters,the pavement to be a divided roadway from Park Street to vicinity of the proposed State Highway Spur 201,three lanes on either side of a painted median,except for that section from Park Street to Morrell Street,which will have a raised median.,and to be a divided roadway,two lanes on either side of a painted median from the vicinity of the proposed State Highway Spur 201 to Baker Road. Mr.Busch explained that the design of the road resulted from consulta tion with the State Highway Department regarding their requirements at the Garth Road-State Highway Spur 201 Intersection and from consultation with a Traffic Engineer retained by his firm for that purpose. Mr.Busch further testified about cost estimates which he had prepared pursuant to Council instructions following the adoption of the initiation ordinance and about proposed maximum assessments based upon cost which he prepared and which were published and mailed to property owners.The cost figures and proposed maximum assessments testified to were as follows: Project Cost - Total Cost of Project $1,145,740.12 Maximum amount which could legally be assessed against abutting property 455,688.30 Leaving a minimum cost to the city of 690,051.82 The proposed maximum assessments could be as follows: The west roadway from the North property Line of Park St.to a point 1,546.98 feet North of the NPL of Park St. Curb:$1.00 Paving:$36.14 $37.14 per front foot -3- j The west roadway,from 1,546.98 feet from North property line of Park Street,to the property line of Baker Road: Curb:$1.00 Paving:$26.58 $27.58 per front foot The east roadway from the North property line of Park Street to a point 1,004.29 feet north of the NPL of Park Street. Curb:$1.00 Paving:$36.14 $37.14 per front foot The east roadway from 1,004.29 feet North of the NPL of Park Street to the South property line of Baker Road. Curb:$1.00 Paving:$26.58 $27.58 per front foot Mr.Busch then reiterated that proposed assessments were based upon cost alone and not the enhancement to the abutting property.He stated that in arriving at the proposed assessment based upon the cost,intersections, storm sewers and appurtenances thereto,utility adjustments and bridge construction were not included. Mr.Busch also gave testimony regarding the drainage of the project. JAMES W.FONTENO,in response to questions from the City Attorney, testified that he was engaged in the real estate consultant business and had been for 13 years,that he was a former resident of the City of Baytown,that he was familiar and acquainted with real estate values generally in the City of Baytown and with real estate values in the immediate vicinity of the Garth Road Project;that he had made a personal inspection of the Garth Road Project area. -4- He further testified that he was familiar with the general nature and type of improvements to be constructed and with the cost of the project and the cost figures and proposed rate of assessment to be charged against the abutting properties as set out in the notice of this hearing which was published and mailed to the abutting property owners. He testified that,in his opinion,if said improvements were constructed as proposed by the City,with certain exceptions,each and all of the properties abutting upon a portion of Garth Road would be specifically benefited in enhancement in value as a result of the construction of such improvement,and that the enhancement in value would be equal to or in excess of the following amounts: All property being used as commercial or industrial and vacant unrestricted property. CURBS PAVING TOTAL $1.00 $10.00 $11.00 PFF All unrestricted property improved with and being used as single family residential. CURBS PAVING TOTAL $1.00 $6.00 $7.00 PFF All property with valid restrictions to single family residential use: 1.Front Abutting: CURBS PAVING TOTAL $1.00 $3.00 $4.00 2.Side Abutting: CURBS PAVING TOTAL $1.00 $1.50 $2.50 EXCEPTIONS to the foregoing would be as follows: All shallow depth and/or irregular shaped property should be assessed on a formula of 100'average depth equal to 100%of applicable assessment. All property rendered useless by easements NO BENEFIT All property along Flood Control easement NO BENEFIT All non-restricted property improved with and being used as single family residential and having more than 100'frontage will be enhanced $6.00 for paving and $1.00 for curb for the first 100 feet and $10.00 for paving and $1.00 for curb for the remaining front footage. -5- Mrs.Leoia Greer owner of property on the west side of Garth Road stated that all of her questions had been answered by preceedirig testimony. Mrs.Virgil C.Aitwein 3126 Garth Road,inquired about compensation for her driveway which would be cut in half and whether or not there would be other physical damage to her property such as damage to shubbery to which Mr. Busch replied that the contractor could not legally come on her property and that all driveways would be re-connected to Garth Road. Mr.H.G.Adair owner of property situated at 3126 Garth Road (east side)testified that his property would not be benefited by the improvement and that the proposed assessments set out in the notice were outrageous. Mr.C.E.Smith owner of property on the east side of Garth Road,testified that he ownes a small shopping center on Garth and stated that due to drainage problems he had been flooded twice this year and that if the road were cut down he fears even more flooding and that his property value would therefore decrease.That there would certainly be no enhancement. Andy Braswell owner of property on the west side of Garth Road and President of the Garth Road Property Owners Association,testified that the Notice of Hearing mailed to the owners were astounding because nothing therein stated that the proposed assessments were maximum assessments.He made a comparison between Mr.Fonteno's testimony and those assessments levied on North Main and Ward Road stating that the assessments in those cases had been $7.50 and $7.70 respectively.Mr.Braswell referred to other major thoroughfares such as Bayway Drive and Baker Road and stated that they had been included in the 1970 Bond Issue and that they were to be done pursuant to agreements with the State and County and that abutting property owners were not to be assessed. He stated that he was opposed to the assessments against the abutting property because Garth Road is a County Road,because Garth Road is a major thoroughfare and because a phamphlet which was distributed supporting the 1970 bond issue did not specify that the Garth Road Project would be an assessment paving project. -6- Mr.Donald Stuart,owner of residential property situated at 3206 Garth Road (east side)stated that his property and home could not possibly be enhanced by the construction of a four-lane highway in front of it. Mrs.E. S.Newcomer,206 Garth Road (east side)indicated that Mr.Stuart had expressed her sentiments. Mr.J. C.Cates,715 Inwood,owner of property at the corner of Inwood and Garth stated that he didn't want to live adjacent to a four-lane highway as he could not get onto Garth Road at the present time.He could see no enhancement to his property. Mr.Tex 0.Dittman,testified that he had an interest in property situated on Garth Road,but gave no testimony related to the proposed improvements of the assessments. Mr.W.J.Toups,owner of property situated on the west side of Garth Road had a question about the removal of his house situated on the right of way. Mr.Billy Angel.does not own property on Garth Road,but lives in the Ridgewood Subdivision off of Garth Road inquired about the drainage of Garth following the construction of the improvements. Mr.Bob Stipe,testified that his property would not be enhanced.He testified that an appraiser retained by the City,in a trial on the condemnation of his property had testified that his property had no value after the taking of a 25'strip from his 65'lot and that it has no value after the taking. He also testified that he had correspondence from the City which stated that due to the size of his property and because of Baytown's Off-Street Parking Ordinance he would not be able to put his property to certain uses and that consequently,he could see no benefit to the remainder of his property by reason of the construction of the improvement. -7- B. B.Williams,stated that he represented several property owners on Garth Road. He testified about the 1970 Bond Issue,the legality of that bond election, the legality of assessments on Garth Road because the bond issue did not specifically set out that the Garth Road Project would be an assessment project.He further testified that there would be ample funds to improve Garth Road without assessing the abutting property owners because of the following reasons:Bayway Drive is not to be improved with bond funds; Baker Road is now to be improved by the County instead of with bond funds; that James Street had been taken out of the projects to be improved with bond funds.He also testified that he objected to the notices sent because they did not state that the proposed assessments contained therein were not designated as maximum assessments.Mr.Williams also testified that property abutting Garth and its owners should not be assessed because Garth Road is a major thoroughfare. -8- (f)That said City Council has heard evidence as to the special benefits in enhanced value to accrue to said abutting 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 offering testimony,together with all protests and objections relative to such matters and as to any errors,invalidities or ir regularities 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 evidence,matters,testimony and objections offered; and based upon same,said City Council finds that all objections 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 pro perty abutting upon said street within the limits to be improved as herein defined,will be enhanced in value and specially benefited by the construction of said improvements in an amount 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 each of said parcels of property abutting upon said street, and the real and true owners 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 regular;and said City Council further finds upon said evidence that the assessments hereinbelow made and the charges hereby de clared against said abutting properties and the real and true owners thereof are just and equitable and did adopt the rule of apportionment set forth below herein and the division of the costs of said improvements between abutting properties and the real and true owners thereof,as being just and equitable and as pro ducing substantial equality considering the benefits to be received and the burdens imposed thereby;and that all objections and protests should be over ruled and denied. Section 2:That there being no further protests or testimony for or against or in reference to said improvements,benefits 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 estates,owning or claiming same or any interest therein be,and the same is hereby closed and all protest and objections,whether 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 ad justments hereinafter made in Section 4 hereof. Section 3:The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon 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 properties,and the -9- 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 received and the burdens im posed 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 regular,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 improvement 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 1105b of Vernon's Annotated Civil Statutes of Texas, as amended,such 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 des cribed,and against the real and true owners thereof,whether such real and true owners 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 property,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) -10- ASSESSMENT ROLL-GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Curb Total For Paving Total Assessment 1 Robert Francis Stipe et ux,Ruth Lot 1,less the North 1001 ,Block 26,Morrell Park Subdivision,Section 1,as described in an instrument recorded in Volume 2955 at Page 514 of the Deed Records of Harris County,Texas;save and except that certain parcel taken by condemnation by the City of Baytown in Cause No.181,560 in the County Civil Court at Law No,2 of Harris County,Texas,being the Souther most 65.5 feet of a 25 foot wide stripe off of the west side of the said Lot 1,less the North 100',Block 26. 65.5'(C)No Benefit 10.00 Adj.for depth 4.50 Robert Francis Stipe et ux,Ruth North 1001 of Lot 1,Block 26,Morrell Park Subdivision, Section 1,as described in an instrument recorded in Volume 6270 at Page 238 of the Deed Records of Harris County,Texas; save and except that certain parcel taken by condemnation by the City of Baytown in Cause No.181,560 in the County Civil Court at Law No.2 of Harris County,Texas,being the norther most 100 feet of a 25 foot wide stripe off of the west side of the said Lot 1,Block 26. TOO'(C)No Benefit Adj. 10.00 for depth 4.50 W.E.Carroll and B.S.Carroll Lot 13,Block 11,Morrell Park Subdivision,Section 1, as described in an instrument recorded in Volume 7116 at Page 49 of the Deed Records of Harris County,Texas; save and except that certain parcel taken by condemnation by the City of Baytown in Cause No.199,438 in the County Civil Court at Law No.2 of Harris County,Texas,being more particularly described in an instrument recorded under County Clerk File No.D482055 of the Deed Records of Harris County,Texas. n0'(C)No Benefit 10.00 Adj.for depth 4.50 -0-294.75 294.75 -0-450.00 450.00 -0-495.00 495.00 C '•'-.-.i r. i <•■'■■. ■<r «•■.>~■- .r v"--.• -.t -r.i ;■• -.■'■.■■r £3. ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Assessment Front Rate For Feet Curb Adjusted As- sessment Rate Paving Total For Curb Total For Paving Total Assessment E.P.Anders et ux»Dorothy Lot 1,Block 11,Morrell Park Subdivision,Section 1,as described in an instrument recorded in Volume 1339 at Page 181 of the Deed Records of Harris County,Texas; save and except that certain parcel taken by condemnation by the City of Baytown in Cause No.199,436 in the County Civil Court at Law No* 2 of Harris County,Texas,being more particularly described in an instrument recorded under County Clerk File No.D482054 of the Deed Records of Harris County,Texas. James W.Ansel!and T.W.Wilks Lot 13,Block 8,Morrell Park Subdivision,Section 1, as described in an instrument recorded in Volume 4337 at Page 494 of the Deed Records of Harris County,Texas; save and except that parcel of land conveyed to the City of Baytown by deed recorded under County Clerk File No. D522579 of the Deed Records of Harris County,Texas. T.W.Wilks Lot 1,Block 8,Morrell Park Subdivision,Section 1, as described in an instrument recorded in Volume 6360 at Page 160 of the Deed Records of Harris County,Texas; save and except that parcel conveyed to the City of Baytown by deed recorded under County Clerk File No. D522580 of the Deed Records of Harris County,Texas. 120'(USF)No Benefit Adj. 6.00 for depth 2.70 -0-324.00 324.00 12O'(USF)No Benefit 6.00 Adj.for depth 2.70 -0-324.00 324.00 120'(C)No Benefit 10.00 -0-1,200.00 1,200.00 -2- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number C 8 1 10 East Side Owner and Description Assessment Front Rate For Feet Curb Adjusted As sessment Rate Paving Total For Curb Total For Paving Total Assessment Gulf Oil Corporation 219'(C) Being all of that certain 0.754 acre tract of land conveyed to Gulf Oil Corporation by F.A.Richardson et ux,Eva Maud by deed recorded in Volume 4650 at Page 179 of the Deed Records of Harris County,Texas. Jack M.Wilson et ux,Sadie 85'(RSF) Lot 1,Block 3,Replat of Glen Arbor Subdivision, Section 2,as described in an instrument recorded in Volume 3471 at Page 22 of the Deed Records of Harris County,Texas;save and except that parcel of land conveyed to the City of Baytown by deed recorded under County Clerk File No.D723085 of the Deed Records of Harris County,Texas. J.B.Arnold et ux,Annie Lou 1O5'(RSF) Lot 42,Block^2,Glen Arbor Subdivision,Section 1, as described in an instrument recorded in Volume 4240 at Page 575 of the Deed Records of Harris County,Texas. Noli a Green and Corbit Green 1O5'(RSF) Lot 1,Block 2,Glen Arbor Subdivision,Section 1, as described in an instrument recorded in Volume 6122 at Page 168 of the Deed Records of Harris County,Texas. 1,00 10.00 219.00 2,190.00 2,409.00 1.00 1.50 Adj.for size and shape 1.00 85.00 85.00 170.00 1.00 1.50 105.00 157.50 262.50 1.00 1.50 105.00 157.50 262.50 -3- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Total For Total Curb Paving Assessment C 11 12 13 14 15 Herbert L.Abner et ux,Jewelyn;G,Abner 1O5'(RSF) Lot 42,Block 1,Glen Arbor Subdivision,Section 1, as described in an instrument recorded in Volume 8090 at Page 454 of the Deed Records of Harris County, Texas. E.E.Sexton et ux,Donna 105'(RSF) Lot 1,Block 1,Glen Arbor Subdivision,Section 1, as described in an instrument recorded under Film Code 153-25-1495 of the Deed Records of Harris County,Texas. Chester E.Smith et ux,Ilet 145((C) Being that certain 1.037 acre tract of land in the Harvey Whiting Survey,Abstract 840,conveyed to Chester E.Smith by John G.Schilling by deed recorded in Volume 2636 at Page 112 of the Deed Records of Harris County,Texas. Jimmie L.Grother et ux,Mary J.103'(RSF) Gary E.Webb Lot 36,Block 4,Glen Arbor Subdivision, Section 3,as described in an instrument recorded under Film Code 133-38-0729 of the Deed Records of Harris County,Texas. Clifton G.Price et ux,Marjory Elizabeth 104.29(RSF) Lot 1,Block 5,Glen Arbor Subdivision,Section 3, as described in an instrument recorded in Volume 3577 at Page 253 of the Deed Records of Harris County,Texas. 1.00 1.00 1.00 1.00 1.00 1.50 1.50 10.00 1.50 1,50 105.00 105.00 103.00 104.29 157.50 157,50 154.50 156.44 262.50 262.50 145.00 1,450.00 1,595.00 257.50 260.73 L -4-i '•«.I . ! r-..;>0-1 '."■'" -t-vl '\r.<c::'"" .ri;r;'/■-•■ O '•■•:."'■•■'•X- '!<-•o ,-: -..^.,t f_V "!"■f r~.~'i -- ;k"- clj ".•*> -,i i ;;io ■•■•■"■ --n '•v ?'!"-"C:'- r j! rv ^.*r*«' i.:r.j ;■■' * r —~■•:<•- c-;"■'." OS m § 1— © ■to <Q i—» rr- o cr > c •«. ru • r.;VX3 O s O ru r.'- O ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Front Feet Assessment Rate For Curb Adjusted sessment Pavinq As- Rate Total Curb For Total For Pavinq Total Assessment 16 17 18 19 Houston Lighting &Power Company Being that 0.551 acre tract of land in the Harvey Whiting Survey,Abstract 840,conveyed to Houston Lighting &Power Company by Sol Aron,et al by deed recorded in Volume 3445 at Page 182 of the Deed Records of Harris County,Texas. Jerold C.Cates et ux,Fammie Lot 1,Block 2,Creekwood Subdivision,Section 2,as described in an instrument recored in Volume 5069, at Page 444 of the Deed Records of Harris County, Texas. Thomas J.Cash et ux,Jo D. Lot 1,Block 3,Creek wood Subdivision,Section 2,as described in an instrument recorded in Volume 8272 at Page 418 of the Deed Records of Harris County,Texas. 30'(C)1.00 10.00 30.00 300.00 330.00 HO'(RSF)1.00 1.50 110.00 165.00 275.00 160'(RSF) 59.4'(Low) 1.00 1.50 160.00 240.00 400.00 Leroy B.Walker Construction Company Inc. Being that certain 9.89 acres,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,conveyed to Leroy B.Walker Construction Company,Inc.by George Wesley Collier et ux,Corine P.by deed recorded in Volume 3857 at Page 267 of the Deed Records of Harris County,Texas; save and except that portion subdivided into Creekwood Subdivision, Section 2 recorded in Volume 86 at Page 28 of the Map Records of Harris County,Texas,that parcel conveyed to the City of Baytown by deed recorded in Volume 6576 at Page 213 of the Deed Records of Harris County and that parcel conveyed to C.V.McSwain, et ux,Cathryn Ohmes by deed recorded in Volume 7948 at Page 355 of the Deed Records of Harris County,Texas. NO BENEFIT -5- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Assessment Front Rate For Feet Curb Adjusted As sessment Rate Total For Total For Total Paving Curb Paving Assessment 20 21 22 23-a 23-b Ben Ferrill et ux,Leo!a Being that certain 2.336 acres,more or less,tract in the Harvey Whiting Survey,Abstract 840,conveyed to Ben Ferrill et ux,Leola,by Hose Sumner,et al,by deed recorded in Volume 1387 at Page 662 of the Deed Records of Harris County,Texas. Virgil C.Aitwein et ux,Gwen M. Lot 1,Block 2,Ridgewood Subdivision,Section 1,as described in an instrument recorded under Film Code 151-31-1459 of the Deed Records of Harris County,Texas. H.G.Adair et ux,01 eta F. Lot 6,Block 1,Ridgewood Subdivision,Section 1,as described in an instrument recorded in Volume 6351 at Page 215 of the Deed Records of Harris County,Texas. Donald L,Stuart et ux,Bobbie J. Lot 5,and the adjoining South Eight feet (81)of Lot 4, Block 1,Ridgewood Subdivision,Section 1,as described in an instrument recorded in Volume 8289 at Page 191 of the Deed Records of Harris County,Texas. Everets S.Newcomer North 92'of Lot 4,Ridgewood Subdivision,Section 1,as described in an instrument recorded under Film Code 152-22-1008 of the Deed Records of Harris County,Texas. 320.5'Total 7O'(C)1.00 1OO'(US/F) 150"(Low) 117.9'(RSF) lOO'(RSF) 1O8'(RSF) 92((RSF) 1.00 1.00 1.00 1.00 1.00 10.00 70.00 6.00 100.00 NO BENEFIT 1.50 3.00 3.00 3.00 117.90 100.00 108.00 92.00 700 600 176 .00 .00 ,85 770.00 700.00 -0- 1,470.00 294.75 300.00 324.00 276.00 400.00 432.00 368.00 -6- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Total For Total Curb Paving Assessment 23-c 24 25 26 27 A.M.&0.J.Howeli 300'(RSF) All of Lot 3,2,1,Block 1,Ridgewood Subdivision,Section i • Baytown Engineering Company,Inc.276.35'(C) John Busch Being that certain 6.663 acre tract of land in the Harvey Whiting Survey,Abstract 840,conveyed to Baytown Engineering Company,Inc.by Roy W.Lawrence et ux,Josephine,by deed recorded in Volume 7114 at Page 243 of the Deed Records of Harris County,Texas. Baytown Engineering Company,Inc.110'(C) Being that certain 0.379 acre tract of land in the Harvey Whiting Survey,Abstract 840,conveyed to Baytown Engineering Company,Inc.by Roy W.Lawrence et ux, Josephine by deed recorded in Volume 7593 at Page 242 of the Deed Records of Harris County,Texas. Gertrude Jett,a feme sole 228.9'Total Being that certain 4.5 acre,more or less,tract of land 100'(USF) in the Harvey Whiting Survey,Abstract 840,conveyed to Gertrude Jett,a feme sole,by Arnold L.Jett,by deed 128.9'(C) recorded in Volume 1437 at Page 663 of the Deed Records of Harris County,Texas. Ronald D.Marshall,Trustee 232'(C) Being that certain 4.57 acres,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded under Film Code 138-31-1613 of the Deed Records of Harris County,Texas. 1.00 1.00 1.00 1.00 3.00 10.00 10.00 10.00 300.00 900.00 1,200.00 276.35 2,763.50 3,040.15 110.00 1,100.00 1,210.00 1.00 1.00 6 10 .00 .00 100 128 .00 .90 600 1,289 .00 .00 700.00 1,417.90 ZAM.% 232.00 2,320.00 2,552.00 -7- 513 Y3 Fs^oT ..„^ '."■<t C.i .10r )..vt:■»■;. on.';::co^orrj hV :'■r - :o.ooa o:.*?ssei o'''.■'!:r:;j: ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Total For Total Curb Paving Assessment 1 28 29 30 31 32 Ronald D.Marshall,Trustee Being that certain 6 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7530 at Page 600 of the Deed Records of Harris County,Texas. Ronald D.Marshall,Trustee Being that certain 1,16 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded under Film Code 138-31-1618 of the Deed Records of Harris County,Texas. 296.7'(C) 48.3'(C) 684'(C)Dante Development Corporation,Alvin Charles Sue David Rogers and F.C.Dittman,Jr.' Being that certain 14.1049 acre,.more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded under County Clerk File No.D632548. of the Deed Records of Harris County,Texas. Trimar Corporation,Ronald P.Marshall,Trustee 475.73'(C) Being that certain 10 acres,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7310 at Page 324 of the Deed Records of Harris County,Texas. Ronald D.Marshall,Trustee Helen Baker Robbins Being that certain 29.824 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7187 at Page 264 of the Deed Records of Harris County,Texas. 1.00 10.00 1.00 10.00 1.00 10.00 1.00 10.00 1,229.76'(C)1.00 296.70 2,967.00 3,263.70 48.30 483.00 531.30 684.00 6,840.00 7,524,00 475.73 4,757.30 5,233.03 10,00 1,229.76 12,297.60 13,527.36 -8- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number East Side Owner and Description Assessment Adjusted As- Front Rate For sessment Rate Total For Total For Total Feet Curb Pavinq Curb Paving Assessment 33 34 1 Exxon U.S.A.Pipeline Company (Humble Pipeline Company)75.37'(C) Beng that certain 0.527 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7447 at Page 98 of the Deed Records of Harris County,Texas. James W.Bain et ux,Helense 351.3T(C) Being that certain 5 acre*more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 3060 at Page 659 of the Deed Records of Harris County,Texas. 1.00 10.00 75.37 753.70 829.07 1.00 10.00 351.31 3,513.10 3,864.41 TOTAL OF EAST SIDE L -9- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number West Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Curb Total For Paving Total Assessment 35 36 37 i Robert F.Stipe et ux,Ruth 72.65'(C) Lot 4,less North 100'Block 27,Morrell Park Subdivision, Section 1,as described in an instrument recorded in Volume 2955 at Page 514 of the Deed Records of Harris County,Texas; save and except that certain parcel taken by condemnation by the City of Baytown in Cause No.184,023 in the County Civil Court at Law No.1 of Harris County,Texas,being the Souther most 72.65 feet of a 25 foot wide stripe off of the east side of the said Lot 4,Block 27. No Benefit 10.00 Adv.for depth 4.00 -0-290.60 290.60 Wei ton J.Toups et ux,Nettie North 1001 of Lot 4,Block 27,Morrell Park Subdivision, Section 1,as described in an instrument recorded in Volume 1895 at Page 518 of the Deed Records of Harris County;save and except that parcel of land conveyed to the City of Baytown by deed recorded under County Clerk File No. D057313 of the Deed Records of Harris County,Texas. 100'(USF)No Benefit Adv 6.00 for depth 2.40 -0-240.00 240.00 Abe Rosenzweig Lot 8,Block 10,Morrell Park Subdivision,Section 1,as described in an instrument recorded in Volume 1194 at Page 413 of the Deed Records of Harris County,Texas;save and except that parcel of land taken by condemnation by the City of Baytown in Cause No.199,435 in County Civil Court at Law No.1 of Harris County,Texas,being more particularly described in an instrument recorded under County Clerk File No.D482051 of the Deed Records of Harris County,Texas. 120'(C)No Benefit Adv 10.00 for depth 4.00 -0-480.00 480.00 L -10- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number West Side Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Curb Total For Paving Total Assessment 38 C 39 40 C.J.Bailey,Sr . Lot 4,Block 10,Morrell Park Subdivision,Section 1,as described in an instrument recorded under Film Code 137-30-0267 of Deed Records of Harris County,Texas; save and except that parcel of land taken by condemnation by the City of Baytown in Cause No.199,437 in County Civil Court at Law No.1 of Harris County,Texas,being more particularly described in an instrument recorded under County Clerk File No.D482052 of the Deed Records of Harris County,Texas. 12O'(USF)No Benefit Adj 6.00 for depth 2.40 -0-288.00 288.00 Duran W.Lee et ux,Delanie Mae Lot 8,Block 9,Morrell Park Subdivision,Section 1, as described in an instrument recorded in Volume 2456 at Page 15 of the Deed Records of Harris County,Texas;save and except that parcel of land taken by condemnation by the City of Baytown in Cause No.199,439 in County Civil Court at Law No.1 of Harris County,Texas,being more particularly described in an instrument recorded under County Clerk File D482053 of the Deed Records of Harris County,Texas. 120'(USF)No Benefit 6.00 -0-720.00 720.00 Dr.Thomas H.McGuire Lot 4,Block 9,Morrell Park Subdivision,Section 1,as described in an instrument recorded under Film Code 137-26-2344; save and except that parcel of land conveyed to the City of Baytown by deed recorded under County Clerk File No*D482899 of the Deed Records of Harris County,Texas. 120'(USF)No Benefit 6.00 -0-720.00 720.00 L -11- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number West Side Owner and Description Assessment Front Rate For Feet Curb Adjusted As sessment Rate Paving Total For Total For Total Curb Paving Assessment 41 c 42 43 44 Exxon U.S.A. Being that certain 0.8797 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7097 at Page 540 of the Deed Records of Harris County,Texas; save and except that parcel of land conveyed to the City of Baytown by deed recorded under County Clerk File No.D766560 of the Deed Records of Harris County, Texas. Gulco,Inc. Being that certain 17.97 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7966 at Page 111 of the Deed Records of Harris County,Texas; save and except those parcels of land conveyed to the City of Baytown by deeds recorded under County Clerk File No.D676537 and D676539 of the Deed Records of Harris County,Texas, Shady Creek,Inc.,%A.M.Braswell Being three certain tracts in the Harvey Whiting Survey, Abstract 840,conveyed by A.M.Braswell et ux,Martha 0. to Shady Creek,Inc.by deed recorded in Volume 7347 at Page 33 of the Deed Records of Harris County,Texas. G.W,Strother et ux,Montie Being that certain 1.652 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 3526 at Page 305 of the Deed Records of Harris County,Texas. 218.96'(C)No Benefit 10.00 -0-2,189.60 2,189.60 687.70'(C)1.00 10.00 687.70 6,877.00 7,564.70 300'(C)1.00 10.00 300.00 3,000.00 3,300.00 99.8'(C)1.00 10.00 99.80 998.00 1,097.80 -12- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number West Side Owner and Description Front Feet Assessment Rate For Curb Adjusted sessment Paving As- Rate Total Curb For Total For Paving Total Assessment C c 45 46 47 48 49 Houston Lighting &Power Company Being that certain 0.494 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 3326 at Page 405 of the Deed Records of Harris County,Texas. A. M. &0. J.Howell 50'(C) Being that certain 2.93 acre more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 4814 at Page 247 of the Deed Records of Harris County,Texas. A.M.&0. J.Howell Being that certain 0.45 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 4894 at Page 76 of the Deed Records of Harris County,Texas. Theo Wilburn,Trustee Wilburn Benes Trust and Wilburn Branscome Trust Being that certain 8.047 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 4895 at Page 480 of the Deed Records of Harris County,Texas. Theo Wilburn,Trustee Being 0.52 and 1.3126 acre,more or less,tracts of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 3528 at Page 75 of the Deed Records of Harris County,Texas. 233'Total 13'(Low) 168.61'(Low) 196.2 Total 1OO'(C) 96.2'(Low) 225'(C) 1.00 1.00 1.00 1.00 10.00 50.00 10,00 500.00 10.00 220.0 2,200.00 NO BENEFIT NO BENEFIT 10.00 100.00 1,000.00 NO BENEFIT 225.00 2,250.00 550.00 2,420.00 -0- 2,420.00 -0- 1,100.00 -0- 1,100.00 2,475.00 -13- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS C Parcel Number 50 51 52 53 54 West Side Owner and Description Front Feet Assessment Rate For Curb Adjusted sessment Paving As- Rate Leiga Ola Roden,a widow lOO'(USF) Being that certain 1.3126 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as des cribed in an instrument recorded in Volume 2545 at Page 421 of the Deed Records of Harris County,Texas. Tanglewood Apartments,Ltd.321'(C) Denitex International Corporation Being that certain 2.4318 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as des cribed in an instrument recorded under Film Code 148-24-1056 of the Deed Records of Harris County,Texas. Leo!a Greer Being that certain 1.05 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as des cribed in an instrument recorded in Volume 2837 at Page 298 of the Deed Records of Harris County,Texas. Mrs.Nora L.Sims 80'(C) 125'Total Being that certain 1.6 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 6503 at Page 86 of the 25'(C) Deed Records of Harris County,Texas. Houston Lighting &Power Company Being that certain 1.382 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as des cribed in an instrument recorded in Volume 8202 at Page 442 of the Deed Records of Harris County,Texas. 67.29'(C) 1.00 1.00 1.00 6.00 10.00 10.00 Total For Total For Total Curb Paving Assessment 100.00 80.00 600.00 800.00 700.00 321.00 3,210.00 3,531.00 880.00 1.00 1.00 1.00 6.00 10.00 10.00 100.00 25.00 67.29 600 250 672 .00 .00 .90 700.00 275.00 975.00 740.19 -14- ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS Parcel Number West Side Owner and Description Assessment Front Rate For Feet Curb Adjusted As sessment Rate Paving Total For Total For Total Curb Paving Assessment € 55 56 57 C 58 N.H.Conder,Trustee Being that certain 34.838 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 8127 at Page 504 of the Deed Records of Harris County,Texas, Protestant Episcopal Church Council of the Diocese of Texas Being that certain 10 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 5573 at Page 270 of the Deed Records of Harris County,Texas. T.A.Eilers et ux,Margaret Being that certain 5 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 2838 at Page 88 of the Deed Records of Harris County,Texas. Exxon U.S.A. Being that certain 10.0465 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7997 at Page 13 of the Deed Records of Harris County,Texas. 1,643.71'(C)1.00 489.71'(C)1.00 6O'(C)1.00 10.00 1,643.71 16,437.10 18,080.81 10.00 489.71 4,897.10 5,386.81 244 100 144 .29'Total ■(USF) .29{C) 1 1 .00 .00 6 10 .00 .00 100 144 .00 .29 1 600 ,442 .00 .90 1 2 700 ,587 ,287 .00 .19 .19 10.00 60.00 600.00 660.00 L.-15- •*v J J. ■..„ji; ,<J;X..:>w..... *^'h f *#■.•.J J -'.•-..*-■ ASSESSMENT ROLL -GARTH ROAD -PAVING GARTH ROAD FROM NORTH LINE OF PARK STREET TO SOUTH LINE OF BAKER ROAD -CONTRACTOR:WARREN BROTHERS West Side Parcel Number Owner and Description Front Feet Assessment Rate For Curb Adjusted As sessment Rate Paving Total For Curb Total For Paving Total Assessment 59 &61 60 C John Harris,Trustee G.G.Alexander et ux,Helen I.y.Epstein et ux,Trudy C.C.Hooper et ux Carol J.R.McDonald et ux,Helen Dorothy Eppinger John 0.Harris et ux,Jean Being that certain 36.992 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7192 at Page 274 of the Deed Records of Harris County,Texas. Exxon,U.S.A.Pipeline Company (Humble Pipeline Company)251.29I(C) Being that certain 4.9492 acre,more or less,tract of land in the Harvey Whiting Survey,Abstract 840,as described in an instrument recorded in Volume 7997 at Page 11 of the Deed Records of Harris County,Texas. 1,575.59((C)1.00 10.00 1,575.59 15,755.90 17,331.49 1.00 10.00 251.29 2,512.90 2,764.19 TOTAL OF WEST SIDE 76,772.38 GRAND TOTAL 134,465.03 -16- Section 5:That the several sums mentioned above in Section 4 hereof,assessed against said parcels of abutting property and the real and true owner or owners there of,whether said owners be named or correctly named,herein or not,together with in terest thereon at the rate of eight percent (8%)per annum and with reasonable at torneys'fees and all costs and expense of collection,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 improvements 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 interest,or the amount,or name of the owner thereof,be set out herein,or in the certificate issued in evidence of such assessment,and such interest of any such person,firm or corporation 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 assessment;and that the sums so assessed shall be payable as follows,to-wit:in six (6)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 improvements by said City Council,deferred payments to bear interest from such date of acceptance at the rate of eight percent (8%)per annum,payable annually,past due installments of principal 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- -11- ther,that if default shall be made in the payment of any installment of principal of 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 become immediately due and payable and shall be collectable,together with rea sonable attorney's fees and all costs and expenses 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 powers to aid in the enforcement and collection thereof;and if default 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 owners thereof,collection thereof shall be enforced,at the option of said Contractor,or its assigns, either by suit in any court having jurisdiction,or by sale of the property as sessed 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 assessments,the liens securing same and the several sums assessed against 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,Inc.,upon the completion and acceptance of said improve ments 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 certi ficates shall set forth and evidence 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 foot thereof,or such other description as may be suficient to identify the same,and if the said property shall be owned by an estate or firm,then to -12- /SWN 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 otherwise,shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That the said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option 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 attorney's fees and all expenses and costs of collection,if incurred,and said certificate shall set forth and evidence the personal 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 improve ments 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 collection 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 improvements have been regularly had in compliance with the law and Charter in force in said City and proceedings of the City Council of said City,and that all prerequisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners 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 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. -13- 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 certificates 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 Council 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 property 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, within 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 subdivisions of the property actually abutting upon said street,when said property is unimproved,and when same is im proved then against the lots,parcels or subdivisions thereof actually abutting upon said street,together with so much of any contiguous 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 personal 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 any wise invalidate or impair any assessment or lien levied hereby or any certificate -14- issued hereunder,and any such mistake,or error,invalidity or irregularity, whether in such assessment or in the certificate 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 assess ments prepared by the City's Consulting 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 pro visions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas,known as Article 1105b of Vemon'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 improvements 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 the City of Baytown,Texas,on this 12th day of July ,1973. TOM GENTRY,Mayor ATTEST: Edna Oliver,City Clerk ,Deputf City ClerkBy:BELINDA B APPROVED: lw IvUcumJU n. NEEL RICHARDSON,City Attorney -15-