Loading...
Ordinance No. 1,501ORDINANCE NO.1501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, CLOSING THEHEARING GIVEN TO THEREAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON TENTH STREET WITHIN THE LIMITS HEREIN- BELOW DEFINED,IN THE CITY OF BAYTOWN,TEXAS,AS TO SPECIAL BENEFITS TOACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF,AND AS TO THE ACCURACY,SUFFICIENCY,REGULARITY AND VALIDITY OF THE PROCEEDINGS 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 EX CEPT AS TO THE ADJUSTMENT HEREINBELOW MADE;FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TOOR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME;FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS;LEVYING ASSESSMENTS,FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OFPART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FORTHE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES ANDTHE MANNER OF THEIR COLLECTION;PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING;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.1414 duly adopted and approved on June 14,1973, said City Council did determine the necessity forand ordered the permanent improvement of the following named street in the City of Baytown within the fol1owi ng1imi ts,to-wi t: TENTH STREET,from the North rightof way line of Fayle Street to the Southright ofway line of Ward Road,in the City of Baytown,Texas. (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 saidCity did award to,and execute a contract with Brown and Root,Incorporated forthe construction of said improvements as authorized by Ordinance No. 1429 duly enacted on July 12,1973. (c)That the City's Consulting Engineer,thereafter,as instructed by the CityCouncil,prepared and filed with theCity Council a proper statement of the estimates of the costs of the improvements of said street and of theestimates 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 re quired by law,which statement of estimates was received,examined and approved by the City Council by Ordinance No.1464 enacted on September 13,1973,and further saidCity Council did by said Ordi nance No.1464 order and set a hearing tobe held at 7:00 o'clock p.m. on the 25th day of October,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 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 ofsaid matters asto 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,ifany,or concerning any error in validity,irregularity or deficiency in all proceedings orcontract concerning same,at which time all persons,firms,corporations, estates,owning or claiming any such abutting property,their agents orattorneys,or any persons interested in said proceedings,might appear in person or by counsel and offer evidence. (d)That saidCity Councildid further by said Ordinance No.1464 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 andthe Charter of said City;and said notice,as so ordered and directed and as requiredby 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 ofsaidhearing,the date of such publications being October 1,1973,October 2,1973,and October 3,1973,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 limitsabove defined,as the names ofsuchowners 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 addressed tosuch owners as their names are shown on the then current unrendered tax rolls of saidCity at their addresses shown thereon,which additional written notices by mailing were deposited in the United States mail by the City Clerk on October'8,1973,as evi denced by the sworn affidavit of saidCity 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 propernotice thereof,allas 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 25th day of October,1973,in the Council Chambers at the City Hall ofand in the Cityof Baytown,Texas,pursuant to said Or dinance calling same andthe notice thereof,at which time an oppor tunity was given to all of said property owners and other interested parties,their agents and attorneys,tobe heard and to offer evidence as to all matters mentioned or referred to,and in accordancewith said Ordinances,notices andthelaw under which these proceedings are being had,at which time the following appeared and testified substantially as follows,to-wit: -2- JIM HUTCHISON,Busch,Hutchison &Associates,the City's Consulting Engineers on the Tenth Street Project,explained the general type,nature and extentof the improvement to be constructed under this project,the same beinggenerally, a reinforcedconcrete pavement seven (7")inches in thickness with concrete curbs and gutters,the pavement tobe twenty-nine (29')feet in width from back of curb to back of curb,from the North property line of East Fayle Street tothe South property lineof Ward Road. Mr.Hutchison testified about cost estimates which he had prepared pursuant to Council instruction 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 costfigures and proposed maximum assessments are as follows: Project Cost: Cost for pavement $11.70 Per square foot Total Cost of Project $90,598.25 The proposed maximum assessment could be as follows: Curb and gutter $1.20 Per front foot Paving $12.67 Per front foot TOTAL PROPOSED ASSESSMENT $13.87Per front foot This is based on the excavation that is necessary,lime stabilization of subgrade, pavement and curb. OTIS GRAHAM,1901 Mockingbird,Baytown,Texas,a Realtor,in response to questions from the Assistant City Attorney,testified that he was a resident of Baytown actively engaged in the real estate business since 1965and licensed since 1946. He further testified that he was familiar and acquainted with real estate values generally in the City of Baytown and particularly with the various properties abutting upon the portion 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 chargedagainst said abutting properties as set out in the published notice of this hearing;that,in his opinion, -3- if said improvements are constructed as proposed by the City,all of the properties abutting upon the portion of Tenth Street to beso improved will be specially benefited in enhancement in value as a result of the construction ofsuch improvement, and that in each instance the amount ofsuch enhancement in value willbe an amount equal to or in excess of $13.87 per front foot,which is the amount proposed to be chargedagainst such properties andthe owners thereof. MR.JAMES D.EASTHAM testified that he owned the Holly Inn which abutts approxi mately 215 front feet on Tenth Street,twenty feet being a conditional easement which is unoccupied.Mr.Eastham stated he could see no reason for the assessment since he could see no benefit to his property from the improvement of Tenth Street. According to Mr.Eastham,the improvement to Tenth Street would only add additional noise which certainly could not be beneficial to his business,there is no drainage problem,and since the units back all the way to Tenth Street with driveway access to Alexander Drive,his customers would notbeusing Tenth Street;therefore,he asked how his property would be enhanced.Mr.Graham was asked to answer Mr. Eastham'squestion. Mr.Graham explained that Mr.Eastham's property was not being put to the "highest and best use".Enhancement is based upon the "highest and best use"and not cur rent use since if current use would be the basis of enhancement,a vacant piece of property would never be enhanced. -4- (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 irregularities in any of thepro ceedings 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,saidCity Council finds that all objections and pro tests should be overruled and denied except to the extent of the re duction in rates and adjustments in said assessments hereinafter made and shown in Section 4 hereof;and saidCity Council further finds that each and every parcel ofproperty 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,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 wereproper and in accordance with the laws under which same are being hadandthe proceedings of said City Council theretofore had with reference to such improvements and that all of same are in all re spects valid and regular;and said City Council further finds upon said evidence thatthe assessments hereinbelow made andthe charges hereby declared against said abutting properties and the real and true owners thereof are just and equitable and didadopt the rule of apportionment set forth below herein andthe division of the costs of said improvements 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 protects should be overruled 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 herebyclosed 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 adjustments 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 ofsaid improvements,as herein adjusted,proposed to be,and as herein,assessed said abutting properties,and the real and true owners thereof,and finds that the apportionment of the costs of -5- said improvements,and that the assessments hereinbelow made,are just and equitable and produce substantial equality,considering the benefits received 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 regular,proper andvalid,and that all prerequisites to the fixing of the assessment liens against said abutting properties,andthe personal liability of the real and true owners thereof,whether named or correctly named herein ornot,have been in all things regularly hadand performed in compliance with the law,and the proceedings of saidCity Council. Section 4:That in pursuance of said Ordinance,duly enacted by saidCity Council authorizing and ordering the improvement of said above described street, within thelimits hereinabove defined,and in pursuance of said ordinance hereto fore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in saidCity with respect to said street improvements bythe 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 Cityof Baytown,Texas,there shallbe,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 be named or correctly named,or saidproperties be correctlydescribed herein or not,the several sumsof money hereinbelowmentioned and itemized opposite the description of such property,the numberof front feet of each,and theseveral amounts assessed against same and the real and true ownersthereof,andthe names of the apparent owners thereof,all as corrected and adjusted by said City Council, being as follows,to-wit: (HERE INSERT ASSESSMENT ROLL) -6- WEST SIDE Parcel Number 1 Eddie Owner Kelley Harris County Don Zappone and Zelda Zappone James D.Eastham and Phillis S.Eastham Oscar B.Smith and Description All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in Volume 1813 at Page 440 ofthe Deed Records of Harris County, Texas;fronting 130 feet on Tenth Street. County owned drain ditch All that certain tract of land out of the William ScottLower League,A-65,Harris County,Cityof Baytown,Texas,described in deed recorded in Volume 2619 at Page 64 of the Deed Records of Harris County, Texas;and fronting 124,45 feet on Tenth Street. All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in Volume 8313 at Page 383 of the Deed Records of Harris County, Texas;and fronting 195.20 feet on Tenth Street. All that certain tract ofland out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deedrecorded in Volume 4678 at Page 442 of the Deed Records of Harris County, Texas;and fronting 124.45 feet on Tenth Street. Front Feet 130 Assessment Rate For Curb $1.20 Total Assessment For Curb Assessment Rate For Pavement Total Assessment Total For Pavement Assessment 30 124.45 $156.00 $12.67 $1,647.10 $1,803.10 0 $1.20 0 0 149.34 $12.67 1,576.78 0 1,726.12 195.20 $1.20 234.24 $3.17 618.78 853.02 124.45 $1.20 149.34 $12.67 1,576.78 1,726.12 t € J'iov/JS i^i2 -v ,—•-♦'.■,■:•>> ■VJ;,:r .•^o;-;»JJ ;/j)^iy roccu^q :^iA.:a-j »j ci ^XjJ ViJ WEST.SIDE Assessment Roll for PavingJpnth_Street from the NPL of East Fayle Street to tRe"SPTToTlVard Road Parcel Number Owner 6 Larry Joe Enderli and Johnnie Darrow Enderli 7 Abel Mitchell Rossi,Sr. and Abe!Mitchell Rossi, Jr. 8 N.T.Ti.iboddux i 9 Max Altnan 10 Steve Paul i Description All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in Volume 7249"at Page 518 of the Deed Records of Harris County, Texas;and fronting 184.45 feet or,Tenth Street. All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in the Harris County Deed Records under County Clerk File Number A-89730;and fronting 381,2 feet on Tenth Street. All that certain tract of land out of the William Scott Lower League,A-65,Harris County,Cityof Baytown,Texas,described in deedrecorded in Volume 2515at Pages 334and338 of the Deed Records of Harris County,Texas;and fronting 130.2 feet on Tenth Street. All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in Volume 2881 at Page 569 of the Deed Records ofHarris County, Texas;and fronting 75 feet on Tenth Street. All of that certain tract of land out of the William Scott Lower League,A-65, Harris County,City of Baytown,Texas; and fronting 216.0 feet on Tenth Street. TOTALS -1 IT SIDE Front Feet Assessment Rate for Curb 184.45 $1.20 381.2 130.2 75. 216.0 1590.95 $1.20 $1.20 $1.20 $1.20 Total Assessment For Curb Assessment Rate for ■ Pavement $221.34 $12.57 457.44 $12.67 156.24 ;'.67 $90.00 $12.67 259.20 $12.67 ■51=873.14 Total Assessment For Pavement Total Assessment $2,336.98 $2,558.32 4,827.52 1,649.63 2,736.72 5,2f.-4.96 1.8C5.87 $950.25 $1,043.25 2,995.92 .68 Assessment Roll for Paving Tenth Street f *om the NPL ofEast Fay]e Street to the'SPL o?Ward Road EAST SIDE Parcel Number Owner 1 C.R.Myers (William D.Kubik) Description Lot 1,Block 7 of Mil by Dale,an addition in the William Scott Lower League,A-65, Harris County,City of Baytown,Texas; Plat of said addition recorded in Volume 20 at Page 46 of the Map Records of Harris County,Texas. Assessment Total Assessment Total Front Rate for Assessment Rate for Assessment Total Feet Curb ForCurb Pavement For Pavement Assessment 111*35 $1.20 $133.62 $12.67 $1,410.80 $1,541.42 County of Harris County owned ditch Right-of-Way 30 Housing Authority of the Citj of Bay town All that certain tract of land out of the William Scott LowerLeague,A-65,Harris County,City of Baytown,Texas,described in deed recorded in Volume 5195 at Page 200 of the Deed Records of Harris County, Texas;fronting 475 feet on Tenth Street* 475 $1.20 ft 570.00 $12.67 6,018.25 6,58 J.25 Baytown Ward Road-71, Ltd.,a Texas Limited Partnership All that certain tract of land out of the William Scott Lower League,A-65,Harris County,City of Baytown,Texas,described in deed recorded in the Deed Records of Harris County under County Clerk's file number D-411887;fronting 1,007.42 feet on Tenth Street. 1007.42 $1.20 1,208.90 $12.67 12,764.01 13,97!.91 TOTALS -EASTSIDE 1623.77 $1,912.52 T20,193.06 ?2ZT(-5T 1 L L Section 5:That the several sums mentioned above in Section 4 hereof,assessed against said parcels of abutting property andthe real and true owner or owners there of,whether said owners be named or correctly named,herein or not,together with in terest thereon atthe rate of eight percent (8%)per annum and with reasonable at torneys'fees and all costs and expense of collection,if incurred,are hereby de clared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the datesaid 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 setout herein,or in the certificate issued in evidence of such assessment,and such interest of any person,firm or corporation in such property may be discharged and released from said assessment and lienupon the payment ofsuch 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 dateof acceptance ofsaid improvements by said City Council,deferred payments to bearinterest from suchdate 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 amountof any such assessment,or any installment thereof,before maturity by paying principal and accrued interest to date ofsaid payment;and provided fur ther,that if default shall be made in the payment of any installment of principal -7- 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 collectible,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 abuttingproperty andthe owners thereof,but said Cityshall,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 or 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 propertyassessed 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 owners or owners thereof,and the time and terms of payments,and to aid in the enforcement thereof,assignable certificates shall be issued by the City of Baytown,Texas,to Brown and Root,Incorporated,upon the completion and acceptance of saidimprovements in said street,which certi ficates 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 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 sufficient 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 propertyor in giving the nameof any owner or owners,or otherwise,shall in anywise invalidateorimpair the assessment levied hereby or the certificate -8- issued in evidence thereof. That the said certificate shall further provide substantially that if de fault shallbe 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 evidence thereby shall at once become due and payable and shall be collectible 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 orowners ofsuch property,whether named or correctly named therein or not,andthe lien upon such property,and thatsaid 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 saidCity Council,and shall provide in effect,that if default shallbe 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 lawand 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 andthe 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 evidenceof 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 holderof said certificates,to aid in the enforcement and collection thereof,and said certificates may contain other and further recitals pertinent and appropriate thereto.It shall not be necessary that saidcertificates shall -9- 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 ofsaid certificates are directory only. Providedhowever,that the failure to issue any such certificate or certi ficates,shall in no way invalidate any of the assessments herein leviedbut 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 andthe real and true owner or owners thereof shall be,and is hereby,charged and assessed with its portion of the costs ofsuch improvements,atthe 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 saidabutting properties,it is the intention ofsaid City Council herein to,and itdoes hereby,assess,levy and charge the assessments at the rates and in the amounts as hereinabove provided for andset 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,parcelsor 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 orlien leviedhereby or any certificate issued hereunder,and any such mistake,or error,invalidity or irregularity, whether in such assessment or in the certificate issued in evidence thereof,may -10- be,but is not required to be,in order tobe 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 streetwithin thelimits herein defined,and the real and true owner or owners thereof,arethe 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 saidCity 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 Vernon's Annotated 1 Civil Statutes of Texas,as amended,and as adopted by Section 7,Article I of the Charter of said City,underwhich 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 andafter the date of its passage by a majority of the City Council of the City of Baytown, Texas. INTRODUCED,READand PASSED by a majority of the City Council of the City of Baytown,Texas,on this 8th day of h November ,1973. TOM GENTRY,Mayor ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL -11-