Ordinance No. 6,019911010 -1
ORDINANCE NO. 6019
AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE PROPERTY
ABUTTING ROLLINGBROOK /BAKER CONNECTION BOULEVARD 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
ROLLINGBROOK /BAKER CONNECTION BOULEVARD; AND PROVIDING
FOR THE COLLECTION OF THE ASSESSMENTS.
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. 5946 duly adopted and approved on
the 1st of August, 1991, 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:
From the North edge of pavement of
Rollingbrook Drive at the Harris County
Flood Control District ( HCFCD) Unit #0
129 -00 -00 to a point on the South edge of
pavement of Baker Road, these points
being located a distance of 3280 feet
apart as measured along the centerline of
the proposed connecting boulevard on
either side of HCFCD Unit #0 129- 00 -00,
(2) ten inch reinforced concrete pavement
lanes with six inch concrete curbs on
each edge, each side 24 feet wide
(measured front to front of curb), shall
be constructed.
(b) That the City's Engineers, thereafter, as instructed by
the City Council, prepared a proper statement of the
estimates of the costs of such improvements 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 6:45 p.m. on the 10th of October, 1991, in its
Council Chamber at the City Hall of and in the City of
Baytown, Texas.
910101 -1a
Qc) 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.
(d) 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 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
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911010 -1b
State of Texas, with particular reference to TEX.REV.CIV.STAT.
article 1105b, such as adopted by Section 7 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
herein below 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 a 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 percent (8 %) per annum and with
reasonable attorney's 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, 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 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 (5) 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 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
percent (8%) per annum, payable annually, past due installments
of principal and interest to bear interest at the same rate per
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911010 -1c
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, 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
attorney's 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 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
its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown on this the 10th day of
October, 1991.
O•
MARIO DELGADO,
Mayor Pro Tempore
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ATTEST:
9
i
IL EN P. L , City Clerk
� r-
-.' s � 2a- � o,-. e
ACIO RAMIREZ, SR "'city Attorney
C:1:74 ;10
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911010 -1d
ASSESSMENT ROLL FOR
BAKER ROAD /ROLLINGBROOK CONNECTION BOULEVARD
PROJECT
PARCEL
PROPOERTY
OWNER
CURB
PAVEMENT
TOTAL
ASSESSMENT
1
Lola Blake, et
al
$
.70LF
$57.00LF
$48,156.42
2
Harris Co. Flood
-0-
-0-
-0-
5
Lola Blake, et
al
$
.70LF
$57.00LF
$47,514.22
6 & 8
Exxon Pipeline
-0-
-0-
-0-
9 &11
Houston Light
&
-0-
-0-
-0-
Power
12
Emmett Hutto,
Tr.
$
.70LF
$57.00LF
$78,634.50
14
Emmett Hutto,
Tr.
$
.70LF
$57.00LF
$35,392.50
15
M. T. Amad
$
.70LF
$57.00LF
$66,625.75
16
Harris County
-0-
-0-
-0-