Ordinance No. 1,798ORDINANCE NO.1798
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,CLOSING THE HEARING GIVEN TOTHE REAL AND TRUE
OWNERS OF THE PROPERTYABUTTINGUPON POST OAKDRIVE
WITHIN THE LIMITS HEREINBELOW DEFINED,IN THE CITY OF
BAYTOWN,TEXAS,AS TO SPECIAL BENEFITS TO ACCRUE BY
VIRTUE OF THE IMPROVEMENT THEREOF,AND ASTO THE
ACCURACY,SUFFICIENCY,REGULARITY AND VALIDITY OF THE
PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IM
PROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING
THE COST THEREOF;OVERRULING AND DENYING ALL PROTESTS
AND OBJECTIONS OFFERED EXCEPT ASTO 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 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 OF PART OF THE
COST OF THEIMPROVEMENTS;PROVIDING FOR THE ISSUANCE OF
ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF
THEIR COLLECTION;PROVIDING FOR OTHER MATTERS RELATING
TO THE FOREGOING;AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BYTHE 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.1704 duly adopted and approved
on the 24th day of October,1974 and Ordinance No.1734
duly adopted and approved on the9th day of January,1975,
as amended by Ordinance No.1785 duly adopted and approved
on the 15th day of April,1975,saidCity Council did
determine the necessity forand ordered the permanent
improvement of the following named street in the City
of Baytown within the following limits,to wit:
POST OAK DRIVE,from the west right of way
line of Bayway Drive to the east
property line of Lakewood Subdivision,
Section P;the South curb line of the
aforementioned improvement then extends
eastward into Section P,16.76 feet to
existingpavement and the North line
extends 25.24 feet to existing pavement.
(b)Thatsaid 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 con
struction of said improvements as authorized by Ordinance
No.1742 duly enacted onthe 13th day of February,1975.
(c)That the City's Consulting Engineers,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 amountsperfront 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 estimates was received,examined and approved by the
City Council by Ordinance No.1790 enacted on the 22nd
day of April,1975,and further said City Council did
by said Ordinance No.1790 order and set a hearing to
be heldat 7:00 o'clock p.m.on the 22nd day ofMay,
1975,in its Council Chambers at the City Hall of and
in the City of Baytown,Texas,for the realand true
owners of the properties abutting upon said street,
within said limits defined and for allothers owning or
claiming any interest in,or otherwise interested in
said properties or any of said matters as to the as
sessments and amounts proposed tobe 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 agents or
attorneys,orany persons interested in said proceedings,
might appear in person orby counsel and offer evidence.
{d)Thatsaid City Council did further bysaid Ordinance
No.1790 order and direct the City Clerk of said City
to give notice of said hearing in the manner and for
the time as required bythe law andthe Charter of said
City;and said notice,asso ordered and directed and
as required bylaw governing these proceedings,has
been properly andduly given,in the formand for the
time as required bysaid 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 Thursday,
May 1,1975;Friday,May 2,1975;and Sunday,May 4,1975,
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 thelimitsabove defined,as the names of such
owners are shown on the then current rendered taxrolls
of the City of Baytown,Texas,and at the addresses so
shownthereon,or if the names of such respective
owners didnot appear on such rendered tax rolls,then
addressed to such owners as their names are shown on
the then current unrendered tax rolls of said City at
the addresses shown thereon,which additional written
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notices by mailing were deposited in the United States
mail by the City Clerk on Wednesday,May 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 tobe
filed and recorded among said City's official records
and thatsame 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
andthe Charter of said City,said hearing which notice
was so given was opened and held at7:00 o'clock p.m.
on the 22nd day of May,1975,in the Council Chambers
at the City Hall ofand in the City of Baytown,Texas,
pursuant to said ordinance calling same andthe 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 asto all matters mentioned or referred to,
and in accordance with said Ordinances,notices andthe
law under which these proceedings are being had,at
which time the following appeared and testified sub
stantially as follows,to wit:
A.J.Busch,Jr.,Consulting Engineer with the firm of
Busch,Hutchison &Associates,Inc.,testified in
response to questions from the City Attorney that he is
a duly licensed Civil Engineer and a graduate of Texas
ASM.Prior to going into private practice in 1963,Mr.
Busch was employed forthe City of Baytown as City
Engineer from 1955 to 1963 and the City of Houston for
two years prior to 1955.Since going into private
practice as a Consulting Engineer,Mr.Busch has worked
with the City of Baytown on various projects andthe
firm of Busch,Hutchison &Associates,Inc.is the firm
handling all engineering matters pertaining to the 1970
Bond Program.Mr.Busch stated that the Post Oak Drive
Project was being constructed as part of the 1970 Bond
Program and that the plans and specifications for the
project wereprepared under his direction and control
and he is therefore thoroughly familiar with them.He
described the limits of the project as being from
Bayway Drive to the end of the existingpavement
which is approximately 25 or 30 feet beyond the in
tersection with Caldwell.The improvement will consist
of seven inch {7")thick reinforced concretepavement
with a seven inch (7")high concrete curb.The pavement
will be 29 feet as measured back to back of the curb.
Mr.Busch testified that pursuant to Council's instruction
in the Initiation Ordinance,he prepared cost estimates
which reflected the maximum amount which could be
assessed against the abutting property and the notices
mailed to abuttingproperty ownersdid reflect this
maximum assessment as prepared and presented to Council.
He also stated that theCitymay legally assess abutting
property one hundred (100%)of the cost of curband
gutter and ninety (90%)per cent or 9/10 of the estimated
costs ofthe remainder.Therefore,using thelow bid
of Warren Brothers Company,a maximum assessment based
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on costs was determined tobe $27.55 (excluding curb
and gutter)and $1.20 for curb and gutter.Mr.Busch
pointed out that the intersection with Caldwell and the
storm sewer were not included in this maximum cost
estimate.Healso pointed out that the storm sewer
would not cause any additional water to be emptied into
the existing thirty inch (30")storm sewer.Mr.Busch
again emphasized that the total maximum amount assessable
was $28.75 which included $1.20for curb and gutter and
$27.55 for the remainder.
Mrs.Dorothy W.Vidrine,7127 Bayway Drive,Baytown,Texas,
questioned the statement by Mr.Busch that additional
water would not be emptied into the existing drainage
system.Mr.Busch explained that he simply meant that
the water was draining into the existing system now
without the aid of a storm sewer;therefore,no ad
ditional water would be carried into the system.
Mr.J.M.Read,a member of the Board of Trustees of St.
Paul's Methodist Church,inquired why it was specifically
pointed out earlier that this project was part of the
1970 Capital Improvements Program.Mr.Richardson
explained that Mr.Busch would not be the Consulting
Engineer on the project if it were not forthe fact
that it was being constructed with 1970 Bond Funds.
Also,Mr.Read asked if Caldwell was designated to be
improved in the 1970 Capital Improvements Program,and
the Mayor responded that no specific streets were
designated on the ballot,but perhaps some promotional
materials referred to specific streets.Mr.Richardson
stated that no certain streets were listed,also certain
funds were set aside specifically for assessment projects.
Neel Richardson,City Attorney,introduced the Affidavit of
the City Clerk,Mrs.Edna Oliver,indicating that
Notice was given to all persons owning property abutting
said project as their names appeared on the Tax Roll,
also other persons having an interest in abutting
property as reflected by a title check and a Publisher's
Affidavit establishing that the Notice was published in
the Baytown Sun.
Otis Graham,of 1901 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 estate broker and appraiser on a full
time basis for ten years;that he has been a licensed
broker since January,1946 andhas testified as an
expert witness in State Court,Federal Court and Probate
Court.Mr.Graham testified that he is a member of
various realtors'associationsand has served as an
officer of many of them.He further testified that he
attended the Institute of Farm and Land Brokers and is
an Accredited Farm andLand Broker.He has beenemployed
as Consulting Appraiser for the City of Houston,City
of Baytown,Chambers County and others.Mr.Graham
testified that he is familiar with real estate values
in Baytown and that he did examine the plans and specifications
of the project;that he is familiar with the general
nature and type of improvements to Post Oak Drive and
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the costs of the improvements as they appear in the
Notice to owners of abutting property.He further
testified that he is familiar with realestate values
in the immediate vicinity of the project and that he
did make a personal inspection of the properties abutting
said project,in facthe stated that he had made an
inspection the afternoon of Thursday,May 22 and that
in his opinion the abutting properties would be enhanced
in value in an amount equal toor greater than $13.50
per front foot,including $1.20 for curb and gutter and
$12.30 for all of the paving excluding curb and gutter.
In response to an inquiry fromthe Mayor as to what
method was used to determine the value of the im
provements,Mr.Graham stated that hehadtaken into
consideration the general enhancement to abutting
properties on a paved streetand had taken into con
sideration properties in the same area and of the same
type which have the benefit that this property will
have after this improvement.
In response to an inquiry from Mr.J.M.Read of the
Board of Trustees of St.Paul's Methodist Church as to
what specific enhancement this project would afford St.
Paul's Methodist Church,Mr.Graham stated that with
the drainage ditch there,this would increase the
drainage flow and one could getto this property in all
types of weather.Mr.Read also inquired that after
taking the dedicated purpose of the property into con
sideration,did Mr.Graham still feel that there was
the same type of enhancement,and Mr.Graham explained
that in enhancement in value of property,one considers
the highest and best use of the property andnot the
current use of the property —for instance,this
property could be sold for office property.
W.M.Harbaugh,5902 Redell Drive,Baytown,Texas,repre
senting 450 feet of property,300 feet belonging to
Bayway Drive Assembly of God Church,75 feet belong to
Mr.Harbaugh,and 75 feet belonging to Mr.Jack Fellers,
stated that the persons he represented did not wish to
impose a hardship,but the owners of property located
on the North side in the dust bowl were seriously
interested inthis improvement and would pay whatever
fee that would beof advantage to everyone involved.
Tom Williams,a member of the Board of Trustees of St.
Paul's Methodist Church,read a written statement which
expressed the feeling of the Board that the assessment
was excessive and would result in an injustice to the
church.Mr.Richardson asked Mr.Williams,"If a
church were to purchaseproperty which was on the
corner,would you suppose that it would pay more ifit
had a paved street onboth sides oron one side"?Mr.
Williams agreed that probably one would pay more for
property with paving on two sides.
Councilman Lander pointed outthat the Board's comments
concerning the assessment were based on the maximum
assessment and not the $13.50 assessment rate and asked
Mr.Williams if he felt the Board would be more receptive
to the $13.50 figure.Mr.Williams commented that the
$13.50 figure was better,but he indicated that no as
sessment at all would be best andthat he didn't know
if the Board's opinion would be altered by this new
figure.
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J.M.Read,a member ofthe Board of Trustees ofthe St.
Paul's Methodist Church,commented that there is a dust
and drainage problem.However,the dust could be
settled by using tarand certainly the drainage problem
would not be solved by putting in curb and gutter and
lowering the road several feet.He stated that the
church did have complete and adequate access on the
Eastside from Bayway and on the West side from Redbud.
He statedthat assessment should be based on the true
and probable change in value of the property —not
property in some other area.He also stated that the
churchwas simply trying to operate on a businesslike
basisandfelt that the value in enhancement to the
church was nil.
(f)Thatsaid City Council has heard evidence as to
the special benefits in enhanced value to accrue to
said abutting properties,andthe 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
the proceedings and contract for said improvements,and
has given full and fair hearing to all parties making
or desiring to make any suchprotest,objection or to
offer testimony,and has fully examined and considered
all of saidevidence,matters,testimony and objections
offered;and based upon same,said City Council finds
that all objections and protests should be overruled
and deniedexcept to the extent of the reduction in
rates and adjustments in said assessments hereinafter
made and shown in Section 4 hereof;and said City
Council further finds that each and every parcel of
property abutting upon said street within the limits to
be improved as herein defined,will be enhanced in
value and specially benefited by the construction of
said improvements,inan amount equal toor in excess
of the amount of the costs of the 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 ofsaid City Council
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 assessmentshereinbelow made and the charges
hereby declared against said abutting properties and
the real and true ownersthereofare 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 realandtrue
owners thereof,as being just and equitable and as
producing substantial equality considering the benefits
to be received and the burdens imposed thereby;and
that all objections and protests should be overruled
and denied.
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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
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 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 said abutting properties,and the real and
true owners thereof,and finds that the apportionment of the
costs ofsaid improvements,and that the assessments here-
inbelow made,are just and equitable and produce substantial
equality,considering the benefits received and the burdens
imposed thereby,and are in accordance with the lawsof the
State of Texas and the Charter of said City,andthat all
proceedings and contracts heretofore had with reference to
said improvements are inall respects regular,proper and
valid,and that all prerequisites to thefixing 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.
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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 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 ofthe 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 property abuttingupon said street,as
hereinbelow described,and against thereal 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 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 said City Council,being as
follows,to wit:
(SEE ATTACHED ASSESSMENT ROLL)
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PARCEL
NUMBER
1 1
ASSESSMENT ROLL FOR PAVING POST OAK DRIVE FROM THE
WEST PROPERTY LINE OF BAYWAY DRIVE TO EXISTING PAVEMENT
OWNER DESCRIPTION
1
NORTH SIDE
FRONT
FEET
ASSESSMENT
RATE FOR
CURBS
ADJUSTED
ASSESSMENT
RATE FOR
PAVEMENT
ADJUSTED
TOTAL
ASSESSMENT
RATE
TOTAL
ASSESSMENT "
1 Bayway Drive Assembly of God
Church of Baytown,Texas
%Mr.Archer
3209 Michigan
Baytown,Texas 77520
Bayway Drive Assembly of God
Church of Baytown,Texas
%Mr.Archer
3209 Michigan
Baytown,Texas 77520
Wayne Harbaugh et ux Fannie
5902 Redell Drive
Baytown,Texas 77520
Jack Fellers etux Irby B.
11810 Lafferty Oaks
Houston,Texas 77029
Francis E.Diebel et ux
Patricia
1812 Tenth Street
Baytown,Texas 77520
Bernice Kilgore Giddings,
Trustee
803 Lindenwood
Baytown,Texas 77520
Being a parcel ofland out ofthe
Nathaniel Lynch Survey and being
described in Deed recorded in Vol.
3470,Page 020 of the DeedRecords
of Harris County,Texas
Being a parcel of land out of the
Nathaniel Lynch Survey and being
described by Deed recorded under
Harris County Clerk's file number
D-672 892
Being a parcel ofland out of the
Nathaniel Lynch Survey and being
described by Deed recorded under
Harris County Clerk's file number
D-804 713
Being a parcel of land out of the
Nathaniel Lynch Survey and being
described by Deed recorded under
Harris County Clerk's file number
D-804 715
Being a parcel of land out of the
Nathaniel Lynch Survey and being
described by Deed recorded under
Harris County Clerk's file number
D-804 716
Being the easterly28,54 feet of
Lot 17,Block 72 Lakewood Sect.
11P"as evidenced by Plat recorded
in Volume 160 at Page 01 of the
Harris County Map Records and
being described by Deed recorded
under Harris County Clerk's file
number D-835 051
225
75
75
75
$1.20
$1.20
$1.20
$1.20
111.97 $1.20
28.54 $1.20
$12.30
$12.30
$12.30
$12.30
$12.30
$12.30
$13.50
$13.50
$13.50
$13.50
$13.50
$13.50
$3,037.50
$1,012.50
$1,012.50
$1,012.50
$1,511.60
$385.29
>
1 1 1
PARCEL
NUMBER
ASSESSMENT ROLL FOR PAVING POST OAK DRIVE FROM THE
WEST PROPERTY LINE OF BAYWAY DRIVE TO EXISTING PAVEMENT
OWNER DESCRIPTION
SOUTH SIDE
FRONT
FEET
ASSESSMENT
RATE FOR
CURBS
ADJUSTED
ASSESSMENT
RATE FOR
PAVEMENT
ADJUSTED
TOTAL
ASSESSMENT
RATE
TOTAL
ASSESSMENT
1 St.Paul's Methodist Church
7915 Bayway Drive
Baytown,Texas 77520
St.Paul's Methodist Church
7915 Bayway Drive
Baytown,Texas 77520
Ronald H.Haney
509 Post Oak
Baytown,Texas 77520
Being a parcelof land out of the
Nathaniel Lynch Survey and being
described by Deed recorded in
Volume 4531 at Page 289of the
HarrisCounty Deed Records
Being a parcel of land out of the
Nathaniel Lynch Surveyand being
described byDeed recorded in
Volume 3708 at Page 633 of the
Harris County Deed Records
Being the easterly 13.38 feet of
Lot 13,Block 71 Lakewood Sect."P"
as evidenced by plat recorded in
Volume 160 at Page 01 of the Harris
County Map Records and being
evidenced by Deed recorded under
Harris County Clerk's file number
D-835 051
150 $1.20
323.91 $1.20
13.38 $1.20
$12.30
$12.30
$12.30
$13.50
$13.50
$13.50
$2,025.00
$4,372.78
$180.63
TOTAL ASSESSMENT FOR THE POST OAK IMPROVEMENT IS $14,550.30
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 notsuch owner,or owners,benamed,or correctly
named herein,paramount and superior to all other liens,
claims or titles except for lawful ad valorem taxes;and
should morethan 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 prorata 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 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,
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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 saidCity 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 saiddate 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 installments
of principal and interest to bear interest at the same rate
per annumuntil 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 further,that if default shall be made
in the payment of any installment of principal or interest
when due,thenthe 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 andshall be collectible,together with re
asonable attorneys'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 saidCity 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 or abutting property,and the real and true owners
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thereof,collection thereof shall be enforced,at the option
of said Contractor,or its assigns,eitherby suit in any
court having jurisdiction,orby sale of the property as
sessed as nearly as possible in the manner as may be provided
by law in force in saidCity for the sale of property for
the collection ofad valorem taxes.
Section 7:That for the purpose of evidencing said
assessments,the liens securing same andthe 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 payments,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.,uponthe completion and ac
ceptance of said improvements in said street,which certificates
shall be executed by the Mayor in the name of the City,
attested by the City Clerk with the Corporate Seal,and
which certificates shall set forth and evidence the assessments
levied,and shall declare the amounts ofsaid assessments
and the timesand terms thereof,the rate of interest thereon,
the date of the completion and the acceptance of the improvements
for which the certificate is issued,andshall contain the
name of the apparent owner or owners,andthe 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
byan estate or firm,then to so state the fact shall be
sufficient,and no error or mistake in describing any such
property or in giving the name of any owner or owners,or
otherwise,shall in anywise invalidate or impair the as
sessment levied hereby or the certificate issued in evidence
thereof.
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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 Contractor,or its assigns,or the holder
thereof,the whole of said assessment evidence thereby shall
at once become dueand payable and shall be collectible with
reasonable attorneys'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 thatsaid 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
provide in effect,that if default shall be made in the
payment thereof,the same may be enforced,at the option of
said Contractor,orits assigns,eitherby the sale of the
property therein described in the manner provided forthe
collection ofad valorem taxes or above recited,orby suit
in any court having jurisdiction.
Thatsaid certificate shall further recite in effect
that all the proceedings with reference to making said
improvementshavebeen 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 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 evidence of all
the matters and facts so recited,and no further proof
thereof shall be required in any Court.
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Thatsaid certificates shall furtherprovide in effect
that the City of Baytown,Texas,shall exercise all of its
lawful powers,when requested so to doby the holder of said
certificates,to aid in the enforcement and collection
thereof,and said certificatesmay contain other and further
recitals pertinent and appropriate thereto.It shallnot be
necessary thatsaid 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 eventbe valid anddueand 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 assessedwith its portion of the costs
of such improvements,at the rates and amounts hereinabove
set out forthe 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,
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r
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 abuttingupon said street,when
said property is unimproved,and when same is improved then
against the lots,parcels or subdivisions thereof actually
abutting uponsaid 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 all such assessments levied are,and shall
be,a personal liability andcharge against the respective
real and true owner or owners of said abutting properties,
notwithstanding such owner or owners may not be named or
correctly named,and any irregularity in the name of the
property owner,or the description of any property or the
amount of any assessment,or in any other matter or thing
shall not in anywise invalidate or impair any assessment or
lien levied herebyor 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 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 uponsaid street within the
limits herein defined,and the real and true owner or owners
thereof,arethe same,or less than,the estimates of said
assessments prepared by the City's Consulting Engineer and
approved and adopted by saidCity Council,and are in ac
cordance with the proceedings of said City relative to said
improvements and assessments therefor,and with the terms,
powers and provisions of said Chapter 106 of the Acts of the
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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 saidActs 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 this22nd
of May ,1975.
TOM GENTRY,Mayor
ATTEST:
EBtTA*OLIVER,City Clerk
APPROVED:
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