Ordinance No. 3,835C
ORDINANCE N0. 3835
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AN ORDINANCE LEVYING ASSESSMENTS A3AVW 7W PROPERTY
ABUTTING lROLLINGBROOK DRIVE (SOUTH LANES FROM GARTH
ROAD TO 880 FEET EAST) AND THE, OWNERS OF SAID PROPERTY
FOR THE PAYMENT OF A PART OF TFE COST OF DApROVM AND
PAVING PORTIONS OF THAT STREET; PRnVIDM FOR THE TD&
WHEN SUCH ASSESSMENTS BECOME 0M AND PAYAB E, THE RATE
.- OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAKE
PROPERTY AND MAKING SAID CHARGE A PERSONAL LL48R ITY OF
THE PROPERTY OWNERS 09IfNW PROPERTY ABUTTING
ROLLING13ROCK DRIVE; AND PROVIDHG FOR THE COLLECT1i0N OF
THE ASSESSMENTS.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXASt
Section 1: The City Council of the City of Baytown hereby finds and
determines:
(a) That by Ordinance No. 3773 duly adopted and approved on the 9th of
February, 1984, 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:
The Southernmost two lanes of Rollingbrook Drive from the
East right-of-way line of Garth Road to a point located a
distance of 880 feet measured along the centerline of the
existing improved portion of Rollingbrook 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 Hubco, Inc., for the construction of
said improvements as authorized by Ordinance No. 3803 duly enacted on the
22nd day of March, 1984.
(c) That the City's 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, which
estimates were approved by City Council, and further said City Council did
order and set a hearing to be held at 7:00 p.m. on 26th of April, 1984, 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.
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
v
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40426 -1a
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 apportionment of the costs of
said improvements, and that the assessments 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 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 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 1
of the Charter of the City of Baytown, Texas, there shall bc- 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 herein
below mentioned and itemized opposite the description of such property, the number
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of front feet of each, and the several amounts assessed against same rand the real
and true owners thereof, all as corrected and adjusted by said City Council, being
as follows:
(SEE ATTACHED ASSESSNENT 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
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 improve-
ments 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, such lien being 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 asst . anent, together with interest at the above
stated rate to date of payment, to the legal holder of such assessment; and that the
sums so assessed shall be payable as follows, to -wit: in six (6) annual installments,
the first of which will be payable thirty (30) days after the completion and
acceptance of RRid 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 or 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 instal-
lments 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
404 =6 —Ic
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, the the entire amount of said assessment upon which s-sh
r? 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 cost 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 of the
sale of property for the collection of ad valorem taxes.
® Section 7: That for the purpose of evidencing said assessment, the liens
securing same and the several suns 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
is
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passage.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 26th day of April, 1984.
AT ST; >
P. H ALL, City lerG� k
1, FWR �/
City Attorney
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