Ordinance No. 1,771ORDINANCE NO.1771
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 SPUR 330 WITHIN
THE LIMITS HEREINBELOW DEFINED,IN THE CITY OF BAYTOWN,
TEXAS,AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF
THE IMPROVEMENTS 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 EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE;
FINDING ANDDETERMINING SPECIAL BENEFITS TO EACH PARCEL
OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR 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 PERSONALLIABILITY OF THE PROPERTY OWNERS;LEVYING
ASSESSMENTS,FIXING CHARGES AND LIENS AGAINST SAID
PROPERTY ABUTTING SAID SPUR AND THE TRUE OWNERS THEREOF
FOR PAYMENT OF PART OF THE COST OFTHEIMPROVEMENTS;
PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES
AND THE MANNER OF THEIR COLLECTION;PROVIDING FOR OTHER
MATTERS RELATING TO THEFOREGOING;ANDPROVIDING 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.1736 duly adopted and approved
on January 9,1975,said City Council did determine the
necessity for and ordered the permanent improvement of
the following named street in the City of Baytown
within the following limits,to wit:
SPUR 330,fromLoop 201 to Garth Road,
a distance of approximately
.8 miles;
(b)That the City 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 propertyabutting thereupon and
the owners thereof and of othercosts and matters
relating thereto,all as required by law,which statement
of estimates was received,examined and approved by the
City Council by Ordinance No.1751 enacted on February
13,1975,and further said City Council did by said
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Ordinance No.1751 order and set a hearing to beheld
at 7:00 o'clock p.m.on the 27th day of March,1975,
in its Council Chambers at the City Hall of and in the
City of Baytown,Texas,for the real andtrue owners of
the properties abutting upon said street,within said
limits defined and forall othersowning or claiming
any interest in,or otherwise interested in said properties
or any of said matters as to the assessments and amounts
proposed to be assessed against each parcel of said
abutting property and the owners thereof and as to the
special benefits to accrue to said abutting properties
and the owners thereof by virtue of said improvements,
if any,or concerning any error in validity,irregularity
or deficiency in all proceedings or contract concerning
same,at which time all persons,firms,corporations,
estates,owning or claiming any such abutting property,
their agentsor attorneys,or any persons interested in
said proceedings,might appear in person or by counsel
and offer evidence.
(c)That saidCity Council did further by said Ordinance
No.1751 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 thelaw and the Charter of said
City;and said notice,as so ordered and directed and
as required bylaw 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 Monday,
March 3,1975;Tuesday,March 4,1975;and Wednesday,
March 5,1975;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 didnot appear on such rendered
taxrolls,then addressed to such owners as theirnames
areshown on the then current unrendered taxrolls of
said Cityat the addresses shown thereon,which additional
writtennotices by mailing were deposited in the United
States mail by the City Clerk on Friday,March 7,1975,
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.
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(d)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 at7:00 o'clock p.m.
on the 27th day of March,1975,in the Council Chambers
at the City Hall of and in the City of Baytown,Texas,
pursuant to said ordinance calling same and the notice
thereof,at which time an opportunity was given to all
of said property owners and other interested parties,
their agents and attorneys,to be heard and to offer
evidence as to all matters mentioned or referred to,
and in accordance with said Ordinances,notices and the
law under which these proceedings are being had,at
which timethe following appeared and testified sub
stantially as follows,towit:
JACK A.MORTON,City Engineer of the City of Baytown testified
in response to questions from the City Attorney,that
he has been employed as the City Engineer in Baytown,
Texas,for eleven years.Prior to his employment with
the City of Baytown,he was employed as Director of
Utilities.for the City of Waco and as Assistant City
Engineer for the City of Port Arthur.Mr.Morton is a
graduate of the University of Coloradowith a Bachelor
of Science Degree in Civil Engineering and is aRe
gistered Engineer who has been employed in an engineering
capacity for over nineteen years.Mr.Morton stated
that he was thoroughly familiar with the plans for Spur
330 improvements which were prepared by the State Highway
Department.The Spur 330 Improvement Project is a joint
participation project between the City of Baytown and
the State Highway Department with the City's portion
of the costs being Ninety-Five Thousand and No/100
($95,000.00)Dollars ofan Eleven Million ($11,000,000)
Dollar project.Mr.Morton pointed out that the sum of
Eleven Million ($11,000,000)Dollars represented the con
struction of Spur 201,as well as this work on Spur 330.
Mr.Morton stated that he had reviewed the plans for
the Spur 330 Improvement Project.He further testified
that the City of Baytown will be responsible for the
curbs,drainage culverts,drainage pipes,concrete for
culverts,excavation for installation of culvert and
drainage structures,reinforced steel for concrete steel
guard rails,drainage inlets,cement stablized base and
concrete paving.
Approximately .8 of a mile of the Spur tobe improved
begins about 600 feet northwest of the present intersection
of Airhart Drive with Decker and continues to the inter
section of Spur 330 with Garth Road.The Highway Department
plans call for a divided highway to be continued to a new
bridge at which point there will be two lanes of traffic
36 feet wide each separated by an esplanade.The bridge
has an elevation of 19 feet plus with a coverage of 226
feet.Mr.Morton testified that the City is responsible
for the curb section,the concrete pavement beneath the
monolithic curb,and the cement stablized base that
supports the curb.
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Mr.Morton further testified that he had prepared cost
estimates of the City's portion of this project from
information supplied by the Highway Department.From
the estimate of costs given the City,$2.50 was assigned
forthe monolithic curb.For the pavement beneath the
monolithic curb on the basis ofan estimated cost of
$14.00 per square yard for concrete,a cost of $.78 per
linear front foot was assigned for concrete pavement and
$.17 forthe base,for a total cost of $3.45 per linear
front foot.Mr.Morton stated that the Notices mailed
to property owners did contain the cost estimates which
he had prepared and presented to Council and that his
testimony was that the maximum assessment of $3.45 did
represent the maximum cost of monolithic curb,concrete
pavement and base.
In response to inquiries from Mr.R.E.Lee,the owner
of property at 1905 Decker about curb cuts on his property,
Mr.Morton stated that the plans did not show the openings,
but the highway department usually allowed driveway openings.
The maximum openings permitted were 45 feet per opening.
In response to further inquires from Mr.Lee about the
plans for the esplanade and whether the plans showed any
openings or crossover between Garth Roadand Airhart,
Mr.Morton stated that no crossover was shown between
Garth Road and the bridge and that the only crossover
wason the other side of the bridge.In response to Mr.
Lee's statement that Mr.Kime of the Public Relations
Department of the State Highway Department had told him
that there would be a crossover approximately 200 feet
west of the Garth Road entrance to Decker,Mr.Morton
said that the plans didnot show an esplanade at that
point.
NEEL RICHARDSON,City Attorney,introduced the Affidavit of the
City Clerk,Mr.Oliver,establishing that the Notice of
Hearing was mailed to all persons owning property abutting
said project,a copy of a letter which was sent to the
new owner of Tract 90-A,and the Publisher's Affidavit
establishing that the Notice was published in the Baytown
Sun.
OTIS GRAHAM,of1901 Mockingbird,Baytown,Texas,stated in response
to questions from the City Attorney that he has resided
in Baytown since December,1945;that he has been a
real estatebroker and appraiser on a fulltime basis
for tenyears;that he has been a licensed broker since
January,1946 and has testified as an expert witness
in State County Court,State District Court,and Federal
District Court.Mr.Graham attended the Texas Realtors
Institute and is an accredited Farm &Land Broker.Mr.
Graham testified that he is familiar with real estate
values in Baytown and that he did examine the plans of
the project and is familiar with the general nature and
type of improvements to Spur 330.He further testified
that he is familiar with real estatevalues in the im
mediate vicinity of the Spur 330 Project and that he
did make a personal inspection of the properties abutting
the project and in his opinion the abutting property
would benefit as follows:
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TRACT 90-A,with a total of 512 feet front footage is enhanced
in value equal to or greater than $3.45
perlinear front foot for a total assessment
of $1,766.40
TRACT 90-C,with a total of 205.83 feet front footage is
enhanced in value equal to or greater than...$3.45
per linear front foot for a total assessment
of $710.12
Tract 90-D,with a total of 75 feet frontfootage is enhanced
in value qual toor greater than $3.45
per linear front foot for a total assessment
of $258.75
TRACT 90-E,with a total of 80 feet front footage is enhanced
in value equal to or greater than $3.45
per linear front foot for a total assessment
of $276.00
TRACT 90-F &G arethe same as TRACT 90-E above.
TRACT 89 is a tract of land that on the northeast side from
the common boundary line at 120',the elevation
drops suddenly;therefore,the enhanced value for
the 120'is equal to or greater than $3.45
per linear front foot;and on the southwest
side of Tract 89 due to drainage there is no
enhancement;the 440'remaining,beginning at
the North corner of Tract 90G is enhanced in
an amount equal to or greater than $3.45
per linear front foot (Total front footage
assessed 560')for a total assessment of $1,932.00
TRACT 94,with a total of 224.44 feet front footage has no
enhancement due tothe fact that the northeast
side of the tract is under water.
TRACT B,with a total of 224.44 feet front footage,on the
southwest side is enhanced in value equal to or
greater than $3.45
per linear front foot for a total assessment
of $774.32
With regard to Tract B,Mr.Graham explained that
there might be some question as to enhancement
to this property,but the roadway will allowwater
to drain to the gutter instead of onto the property
itself which will be an enhancement to theproperty.
TRACT 87-A-2,with a total of 20 feet frontfootage on the
northeast side of Garth Road is enhanced in value
equal to or greater than $3.45
per linear front foot for a total assessment
of $69.00
TRACT 87-C-2,across the road on the southwest side,
with a total of 20 feet front footage is en
hanced in value equal to or greater than $3.45
per linear front foot for a total assessment
of $69.00
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R.E.LEE,who owns property at1903 Decker testified that he
was not against progress or the assessment for the
project,but that he was concerned with access to
his business.Mr.Lee said that the esplanade would
reduce the amount of traffic into his business and
that he would liketogoon record as questioning why
there is an opening in the esplanade between the bridge
and Park,but none between the bridge and Garth.Also,
Mr.Lee pointed out that there would beno way for
customers to use private property to get to his place
of business because ofa large drainage ditch.As shown
by the plans,the customers would have to usethe cross
over between the bridge and Park and return.Mr.Lee
testified that he had spoken with Mr.Kime of the Texas
State Highway Department and Mr.Kimehad assured him
that there would be a crossover approximately 200 feet
down due to the leftlane onto Garth Road.
The hearing was formally closed at this point and Councilman
Lander suggested that the Administration contact the State
Highway Department in reference to adding another crossover.
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(e)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 ofthe cost of
constructing said improvements proposed tobe assessed
against said properties,and has heard all parties
appearing and offering testimony,together with all
protests and objections relative tosuch matters and as
to any errors,invalidities or irregularities in any of
the proceedings and contract for said improvements,and
has given full and fair hearing to all parties making
or desiring to make any such protest,objection or to
offer testimony,and has fully examined and considered
all of said evidence,matters,testimony and objections
offered;and based upon same,said City Council finds
that all objections and protestsshould be overruled
and denied except to the extent of the reduction in
rates and adjustments in said assessmentshereinafter
made and shown in Section 4 hereof;and said City
Council further finds that each and every parcel of
propertyabutting 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;andsaid City Council did consider
and correct all errors,invalidities,or deficiencies
called to its attention and did findthat all proceedings
and contracts were proper and in accordance with the
laws under which same are being had andthe proceedings
of said City Council theretofore had with reference to
such improvements and that all ofsame are in all
respects valid and regular;and said City Council further
finds upon said evidence that the assessments hereinbelow
made andthe charges hereby declared against said abutting
properties and the real andtrue owners thereof are just
and equitable and did adopt the rule of apportionment set
forth belowherein 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
producing substantial equality considering the benefits
to be received and the burdensimposed thereby;and that
all objections and protests should be overruled and
denied.
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Section 2:That therebeing 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
protests 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 deter
mines uponthe evidence heard in reference to each and every
parcel of property abutting uponsaid 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 said abutting properties,and the real and
true owners thereof,and finds that the apportionment of the
costs of said improvements,and that the assessments here-
inbelow made,are justand equitable and produce substantial
equality,considering the benefits received and the burdens
imposed thereby,and are in accordance with the lawsof the
State of Texasand 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
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assessment liens against said abutting properties,andthe
personal liability of the realand true owners thereof,
whether named or correctly named herein or not,have been in
all things regularly hadand performed in compliance with
the law,andthe proceedings of said City Council.
Section 4:That in pursuance of said Ordinance,duly
enacted by said City Council authorizing and ordering the
improvements of said above described street,within the
limits hereinabove defined,and in pursuance of said or
dinance heretofore had and enacted by saidCity Council in
reference to said improvements and by virtue of the powers
vested in said Citywith 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 andshown
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 propertyabutting upon said street,as
hereinbelow described,and against the real and true owners
thereof,whether such realand true owners be named or
correctly named,or said properties be correctly described
herein or not,the several sumsof money hereinbelow mentioned
and itemized opposite the description of such property,the
number of front feet of each,and the severalamounts as
sessed against same and the real and true owners thereof,
all as corrected and adjusted by saidCity Council,being as
follows,to wit:
(SEE ATTACHED ASSESSMENT ROLL)
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ASSESSMENT ROLL -PAVING SPUR 330 FROM LOOP 201 TO GARTH ROAD
r TRACT OWNER
FRONT
FOOTAGE
ASSESSMENT
RATE FOR
CURB
ASSESSMENT RATE
FOR PAVING
BENEATH CURB
TOTAL
ASSESSMENT
(
Tract No.90-A
Harvey Whiting
Tract No.90-C
Harvey Whiting
Tract No.90-D
Harvey Whiting
Tract No.90-E
Harvey Whiting
Tract No.90-F
Harvey Whiting
Tract No.90-G
Harvey Whiting
M.C.Bray,Trustee 512.00
P.O.Box 809
Baytown,Texas 77520
EBA Spur 330 Ltd.
375 Transco Tower
Houston,Texas 77027
Texas National Bank 205.83
of Baytown
P.0.Box 876
Baytown,Texas 77520
Grover E.McDowell 75.00
152 Mable
Baytown,Texas 77520
R.E.Lee 80.00
P.O.Box 223
Baytown,Texas 77520
Chessie Mann 80.00
%Letha Cornelius
6135 Valkeith
Houston,Texas 77025
Rosellen Conneally 80.00
3308 Branard #19
Houston,Texas 77006
$2.50 $0.95 $1,766.40
2.50
2.50
2.50
2.50
2.50
0.95
0.95
0.95
0.95
0.95
$710.12
$258.75
$276.00
$276.00
$276.00
ASSESSMENT ROLL -PAVINGSPUR 330 FROM LOOP 201 TO GARTH ROAD
Page No.2 of 2 pages
r TRACT OWNER
FRONT
FOOTAGE
ASSESSMENT
RATE FOR
CURB
ASSESSMENT RATE
FOR PAVING
BENEATH CURB
TOTAL
ASSESSMENT
Tract No,89
Harvey Whiting
Tract No.89
Harvey Whiting
Tract No.89
Harvey Whiting
Tract No.94
Harvey Whiting
Tract B
Block 51
Busch Terrace
Tract No.87-A-2
Harvey Whiting
Tract No.87-C-2
Harvey Whiting
Chessie Mann
%Letha Cornelius
6135 Valkeith
Houston,Texas 77035
Rosellen Conneally
3308 Branard #19
Houston,Texas 77000
Mrs.F.H.Cornelius
6135 Valkeith
Houston,Texas77035
Ray Heinrich &
Dick Manne
P.0.Box 3498
Baytown,Texas 77520
Bayview Ltd.#1
%HughWood Ford,Inc.
1801 Decker Drive
P.0.Box 1305
Baytown,Texas77520
Globe Stores,Inc.
1200 Decker Drive
Baytown,Texas 77520
El Toro Restaurant,Inc
616 W.Main
LaPorte,Texas77571
TOTAL
1,153.65 Total
560.00 $
Remainder
224.44
224.44
20.00
20.00
2.50 $
NO BENEFIT
NO BENEFIT
2.50
2.50
2.50
0.95
0.95
0.95
0.95
$1,932.00
$774.32
$69.00
$69.00
$6,407.59
Section 5:That the several sums mentioned above in
Section 4 hereof,assessed against said parcels of abutting
property and the realand true owner or owners thereof,
whether said owners be named or correctly named,herein or
not,together with interest thereon at the rate of eight per
cent (8%)per annum and with reasonable attorneys'fees and
all costs and expenses 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 anyofsaid parcels of abutting property,each
such person,firm or corporation shall be personally liable
for his,her,or its pro ratapart 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,orname of the owner thereof,be set out 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 lien upon the payment of such proportionate part of said
total assessment,together with interest at the abovestated
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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 tobe 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 fromsuch date of acceptance at the rate of eight
per cent (8%)per annum,payable annually,past due in
stallments of principal and interest to bearinterest at the
same rate per annum until paid;however,any owner of such
property shall have the right to pay offthe entire amount
of any such assessment,or any installment thereof,before
maturity by paying principal and accrued interest to date of
saidpayment;and provided further,that if default shall be
made in the payment of any installment of principal or
interest when due,then the entire amount of said assessment
upon which such default is made shall,at the option the City
^or its assigns,be and become immediately dueand payable
and shall be collectible,together with reasonable attorneys'
fees and all costs and expenses of collection,if incurred.
Section 6:That for the purpose of evidencing said
assessments,the liens securing same andtheseveral sums
assessed against the said parcels of abutting property,and
the real and true owner or owners thereof,andthe time and
terms of payments,and to aid in the enforcement thereof,
certificates shall be issued by the City of Baytown,Texas,
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which certificates shall be executed by the Mayor in the
name of the City,attested by the City Clerk with the Corporate
Seal,and which certificates shall set forthand evidence
the assessments levied,and shall declare the amounts of
said assessments and thetimes and terms thereof,the rate
of interest thereon,the date of the completion andthe
acceptance of the improvements for which the certificate is
issued,andshall contain the name of the apparent owner or
owners,and the description of the property assessed by lot
and block number orfront foot thereof,or such other des
cription as may be sufficient to identify the same,and if
the said property shallbe owned by an estate or firm,then
to so state the fact shall be sufficient,andno error or
mistake in describing any such property or in giving the
name of any owner or owners,or otherwise,shall in anywise
invalidateorimpair the assessment levied hereby or the
certificate issued in evidence thereof.
That the said certificate shall further provide sub
stantially that if default shall be made in the payment of
any installment of principal or interest when due,then at
the option of said City,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 attorneys•fees andall expenses andcosts of
collection,if incurred,and said certificate shall set
forthand evidence the personal liability of the realand
true owner or owners of such property,whether named or
correctly named therein or not,andthe lien upon such
property,and that said lien is firstand paramount thereon,
superior to all other liens,titles and charges,except for
lawful ad valorem taxes,from and after the date said im
provements were ordered by said City Council,and shall
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provide in effect,that if default shall be made in the
payment thereof,the same may be enforced,at the option of
said City,or its assigns,either by the sale of the property
therein described in the manner provided forthe collection
of ad valorem taxesorabove recited,or by suit in any
court having jurisdiction.
That said certificate shall further recite in effect
that allthe 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 shallbe 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 doby a holder of said
certificates,to aid in the enforcement and collection
thereof,and said certificates may contain other and further
recitals pertinent and appropriate thereto.It shall not be
necessary that said certificates shall be in the exact form
as above setforth,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 issueany such
certificate or certificates,shall in no way invalidate any
of the assessments herein levied,but such assessments shall
in any event be valid anddue and payable as herein provided.
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Section 7:That it is the intention of said City
Council herein to,and it does hereby levy,assess,and
charge the assessments at the rates perfront foot,and in
the amounts as hereinabove set out,upon and against each
and every parcel of property abuttingupon 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 assessedwith 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 uponsuch 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 ratesand 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 improved then
against the lots,parcels or subdivisions thereof actually
abuttingupon said street,together with so much of any
contiguous or adjoining lots,parcels,or subdivisions
thereof occupied by,or used in connection with,said im
provements.That allsuch assessments levied are,and shall
be,a personal liability and charge against the respective
real and true owner or owners of said abutting properties,
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1
notwithstanding such owner or owners may not be named or
correctly named,andany irregularity in the name of the
property owner,or the description of any property or the
amount of any assessment,or in any other matter or thing
shall not in anywise invalidate or impair any assessment or
lien levied hereby or any certificate issued hereunder,and
any such mistake,orerror,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 atanytime 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,orless than,the estimates of said
assessments prepared by City Engineer and approved and
adopted bysaid City Council,and are in accordance with the
proceedings of said City relative to said improvements and
assessments therefor,and with theterms,powers and provisions
of said Chapter 106 of the Acts of the First Called Session
of the 40th Legislature of the State of Texas,known as
Article 1105b of Vernon's Annotated Civil Statues 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 8:Effective Date:This Ordinance shall take
effect fromand after the date of its passage by a majority
of the City Council of the City of Baytown,Texas.
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INTRODUCED,READ and PASSED by a majority of the City
Council of the City of Baytown,Texas,on this 27th day
of March ,1975.
ATTEST:
J?JbuuJ
l
TOM GENTRY,Mayor \J
EDNA OLIVER,city Clerk
APPROVED:
>N,City Attorn
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