Ordinance No. 3,43220812 -1
ORDINANCE NO. 3432
AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE PROPERTY
ABUTTING CALDWELL STREET AND THE OWNERS OF SAID 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 CALDWELL
STREET; AND PROVIDING FOR THE COLLECTION OF THE ASSESS-
MENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown hereby
finds and determines:
(a) That by Ordinance No. 3364 duly adopted and approved on
the 7th day of April 1982, 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:
CALDWELL STREET - From the east right -of -way
line of Robin Road to the south right -of -way
line of Post Oak Drive.
(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 Able Services of Houston, for the construction
of said improvements as authorized by Ordinance No. 3419
duly enacted on the 8th day of July, 1982.
(c) That the City's Consulting Engineers, thereafter, as
instructed by the City Council, prepared a proper statement
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 cost and matters relating
thereto, and further said City Council did order and set a
hearing to be held at 7:15 o'clock p.m. on 12th day of
August, 1982, 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 times 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.
(e) That all interested persons were given an opportunity
to appear and be heard, and to present testimony concerning
the proposed assessment.
20812 -1a
Section 2: That here 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 is 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, are proposed
to be, and as are herein assessed said abutting properties and
the real and true owners thereof, and finds that the apport-
ionment of the costs of said improvements, and that the as-
sessments herein below made, are just and equitable and produce
substantial equity, 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, whether named or correctly
IVA
20812 -1b
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 ordereing the
improvements of said above described street, within the limits
hereinabove defined, and in pursuance of said ordinance here-
tofore had and enacted by said City Council in reference to said
improvements and by virtue of the powers vested in said city with
respect to said street improvements by the laws of the State of
Texas, with particular reference to Chapter 106 of the Acts of
the First Called Session of the 40th Legislature of the State of
Texas, known and shown as Article 1105b of 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 herein below described,
and against the real and true owners thereof, whether such real
and true owners be named or correctly named, or whether said
properties be correctly described herein or not, the several sums
of money hereinbelow mentioned and itemized opposite the descrip-
tion 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:
(SEE ATTACHED ASSESSMENT ROLLS)
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 rate of eight per cent (8 %) per annum and with
20812 -1c
reasonable attorneys' fees and all costs and expenses of collec-
tion, if incurred, are hereby declared to be and made a first and
prior lien upon the respective parcels of property against which
same are assessed from and after the date said improvements were
ordered by said City Council, and a personal liability and charge
against the real and true owner or owners thereof, whether or not
such owner, or owners, be named or correctly named herein,
paramount and superior to all other liens, claims or titles
except for lawful ad valorem taxes; and should more than one
person, firm or corporation, own an interest in any of said
parcels of abutting property, each such person, firm or corpora-
tion 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 as-
sessment, 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, to -wit: in
six (6) annual installments, the first of which will be payable
thirty (34) days after the completion and acceptance of said
improvements by said City Council, and the five (5) remaining
installments to be due and payable, respectively, one (1), two
(2), three (3), four (4), and five (5) years from and after said
date of acceptance of said improvements by said City Council,
deferred payments to bear interest from such date of acceptance
at the rate of eight 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
20812 -1d
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.
Section 7: That for the purpose of evidencing said assess-
ment, 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.
Sit
20812 -1e
INTRODUCED, READ and PASSED by a majority of the City
Council of the City of Baytown, Texas, on this the 12th day
of August , 1982.
ATTEST:
EILEEN P. ITALL, City Clerk
APPROVED:
DALL B. STRONG; City AttWney
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