Ordinance No. 2,581rd
ORDINANCE NO. 2581
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AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE OWNERS OF
THE PROPERTY ABUTTING ASHLEYVILLE STREET AND THEIR
PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF
IMPROVING AND PAVING PORTIONS OF THAT STREET; PROVIDING
FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND
PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND
LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A
PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING
PROPERTY ABUTTING ASHLEYVILLE STREET; AND PROVIDING FOR
THE COLLECTION OF THE ASSESSMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: The City Council of the City of Baytown
hereby finds and determines:
(a) That by Ordinance No. 2442 duly adopted and approved
on the 13th day of April, 1978, 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:
ASHLEYVILLE STREET - -from the east right -of -way
line of North Main Street, to a point 710
feet east.
(b) That said City Council, after having duly advertised
for bids in the manner and for the time as required by
law and the Charter of said City did award to, and
execute a contract with Marathon Paving and Utility
Constructors Inc. for the construction of said improvements
as authorized by Ordinance No. 2558 duly enacted on the
12th day of October, 1978.
f (c) That the City's Consulting Engineers, thereafter,
as instructed by the City Council, prepared a proper
statement of the estimates of the costs of the improve-
ments of said street and of the estimates of the amounts
per front foot proposed to be assessed against the
property abutting thereupon and the owners thereof and
of other costs and matters relating thereto, and further
said City Council did order and set a hearing to be
held at 7 :00 o'clock p.m. on the 21st day of November,
1978, in its Council Chambers at the City Hall of and
in the City of Baytown, Texas.
(d) That said City Council did further order and
direct the City Clerk of said City to give notice of
said hearing in the manner and for the time as required
by the law and the Charter of said City; and said
notice, as so ordered and directed and as required by
law governing these proceedings, has been properly and
duly given, in the form and for the time as required by
said law.
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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 costs 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 herein -
below 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, and
valid, and that all prerequisites to the fixing of the
assessment liens against said abutting properties, and the
personal liability of the real and true owners thereof,
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whether named or correctly named herein or not, have been in
all things regularly had and performed in compliance with
the law, and the proceedings of said City Council.
Section 4: That in pursuance of said ordinance, duly
enacted by said City Council authorizing and ordering the
improvements of said above described street, within the
limits hereinabove defined, and in pursuance of said ordinance
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 of the State of Texas, known and shown as
Article 1105b of Texas Revised Civil Statutes, as amended,
such as adopted by Section 7, Article I of the Charter of
the City of Baytown, Texas, there shall be, and is hereby
levied, assessed, and taxed against the respective parcels
of property abutting upon said street, as hereinbelow
described, and against the real and true owners thereof,
whether such real and true owners be named or correctly
named, or said properties be correctly described herein or
not, the several sums of money hereinbelow mentioned and
itemized opposite the description of such property, the
number of front feet of each, and the several amounts
assessed against same and the real and true owners thereof,
all as corrected and adjusted by said City Council, being as
follows, to wit:
(SEE ATTACHED ASSESSMENT ROLLS)
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ADJUSTED
q
ASSESSMENT
ROLL FOR
PAVING ASHLEYVILLE STREET
N
ASSESSMENT RATE
NORTH SIDE
ASSESSMENT
TOTAL
FEET
FOR CURBS
FOR PAVEMENT
RATE
ASSESSMENT
310
$1.00
$1+.00
$15.00
$ 4,650.00
100
$1.00
00
$15.00
$ ,1,500.00
50
$1.00
$ 6.00
PARCEL
$ 350.00
50
$1.00
$ 6.00
$ 7.00
IrER
OWNER
$1.00
DESCRIPTION
$ 7.00
1
BROOKS STARETT
J. W.
Singleton
A -709,
Tract
50
$1.00
A -27
$ 7.00
$ 350.00
50
2
BROOKS STARETT
J. W.
Singleton
A -709,
Tract
$ 8,650.00
A -28
3
THOMAS A. BEARDEN
J. W.
Singleton
A -709,
Tract
A -29
4
BILLY K. WALKER
J. W.
Singleton
A -709,
Tract
A -30
5
GREGORY W. HANEY
J. W.
Singleton
A -709,
Tract
A -31
6
BROOKS STARETT
J. W.
Singleton
A -709,
Tract
A -32
BROOKS STARETT
J. W.
Singleton
A -709,
Tract
A -33
8
BROOKS STARETT
J. W.
Singleton
A -709,
Tract
A -42
ADJUSTED
ADJUSTED
TOTAL
FRONT
ASSESSMENT RATE
ASSESSMENT RATE
ASSESSMENT
TOTAL
FEET
FOR CURBS
FOR PAVEMENT
RATE
ASSESSMENT
310
$1.00
$1+.00
$15.00
$ 4,650.00
100
$1.00
$1+.00
$15.00
$ ,1,500.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$14.0o
$15.00
$ 750.00_
TOTAL MAXIMUM ASSESSMENT -
NORTH SIDE
$ 8,650.00
Cq
N
ASSESSMENT ROLL FOR
PAVING ASHLEYVILLE STREET
I
SOUTH SIDE
ADJUSTED
TOTAL
FRONT
ASSESSMENT RATE
N
ASSESSMENT
TOTAL
FEET
FOR CURBS
r-1
RATE
ASSESSMENT
6o
$1.00
r-1
$15.00
$ 900.00
280
$1.00
00
$15.00
$ 4,200.00
50
$1.00
PARCEL
$15.00
$ 750.00
50
$1.00
ER
OWNER
$ 350.00
DESCRIPTION
$1.00
1
BROOKS STARETT
J. W.
Singleton A -709,
Tract
$ 6.00
$ 7.00
A -42
50
$1.00
2
STARETT'S ACE HARDWARE
J. W.
Singleton A -709,
Tract
$ 6.00
& LUMBER COMPANY
A -41
50
$1.00
3
BROOKS STARETT
J. W.
Singleton A -709,
Tract
$ 8,090.00
A -40
4
PRENTICE MORGAN
J. W.
Singleton A -709,
Tract
A -39
5
LEON TOLLESON
J. W.
Singleton A -709,
Tract
A -38
6
LEON TOLLESONi
J. W.
Singleton A -709,
Tract
A -37
WILLIE JAMES MORGAN
J. W.
Singleton A -709,
Tract
A -36
8
BROOKS STARETT
J. W.
Singleton A -709,
Tract
A -35
•9
BROOKS STARETT
J. W.
Singleton A -709,
Tract
A -34
i
i
ADJUSTED
ADJUSTED
TOTAL
FRONT
ASSESSMENT RATE
ASSESSMENT RATE
ASSESSMENT
TOTAL
FEET
FOR CURBS
FOR PAVEMENT
RATE
ASSESSMENT
6o
$1.00
$14.00
$15.00
$ 900.00
280
$1.00
$14.00
$15.00
$ 4,200.00
50
$1.00
$14.00
$15.00
$ 750.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
6o
$1.00
$ 6.00
$ 7.00
$ 420.00
6o
$1.00
$ 6.00
$ 7.00
$ 420.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
50
$1.00
$ 6.00
$ 7.00
$ 350.00
TOTAL MAXIMUM ASSESSMENT -
SOUTH SIDE
$ 8,090.00
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Section 5: That the several sums mentioned above in
Section 4 hereof, assessed against said parcels of abutting
property and the real and true owner or owners thereof,
whether said owners be named or correctly named, herein or
not, together with interest thereon at the rate of eight per
cent (S %) 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
("I'll charge against the real and true owner or owners thereof,
whether or not such owner, or owners, be named or correctly
named herein, paramount and superior to all other liens,
claims or titles except for lawful ad valorem taxes; and
should more than one person, firm or corporation, own an
interest in any of said parcels of abutting property, each
such person, firm or corporation shall be personally liable
for his, her, or its pro rata part of the total assessment
levied against said property in proportion as his, her or
its interest in said property bears to the total ownership
of such property, whether or not such interest, or the
amount, or name of the owner thereof, be set out herein, or
in the certificate issued in evidence of such assessment,
and such interest of any 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 assess-
ment; 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,
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and the five (5) remaining installments to be due and
payable, respectively, one (1), two (2), three (3), four
(4), and five (5) years from and after said date of accep-
tance of said improvements by said City Council, deferred
payments to bear interest from such 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 annum until paid; however, any
owner of such property shall have the right to pay off the
entire amount of any such assessment, or any installment
thereof, before maturity by paying principal and accrued
interest to date of said payment; and provided 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 of said City, or its assigns, be and become
immediately due and payable and shall be collectible,
together with reasonable 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 said City shall, when requested so to do,
exercise all of its lawful powers to aid in the enforcement
and collection thereof; and if default shall be made in the
payment of any of said sums herein assessed against the said
parcels or abutting property, and the real and true owners
thereof, collection thereof shall be enforced., (at the
option of the City of Baytown, or its assigns)- either by
suit in any court having jurisdiction, or by sale of the
property assessed as nearly as possible in the manner as may
be provided by law in force in said City for the sale of
property for the collection of ad valorem taxes.
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Section 7: That for the purpose of evidencing said
assessments, the liens securing same and the several sums
assessed against the said parcels of abutting property, and
the real and true owner or owners thereof, and the time and
terms of payments, and to aid in the enforcement thereof,
assignable certificates shall be issued by the City of
Baytown, Texas, which certificates shall be executed by the
Mayor in the name of the City and attested by the City Clerk
with the Corporate Seal.
Section 8: This ordinance shall take effect from and
after the date of its passage.
INTRODUCED, READ, and PASSED by a majority of the City
Council of the City of Baytown, Texas, on this 21st day
of November , 1978.
ATTEST:
EILEEN P. HALL, ity Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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