Loading...
Ordinance No. 5220 ORDINANCE NO. 522 AN ORDINANCE AMENDING AN ORDINANCE PASSED AND APPROVED ON JULY 10, 1958, INSOFAR BUT ONLY INSOFAR AS SAID ORDINANCE RELATED TO THE IM- PROVEMENT OF HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE STREET, KNOWN AND DESIGNATED IN SUCH ORDINANCE AS UNIT NUMBER TWO (2); AMENDING AN ORDINANCE PASSED AND APPROVED ON OCTOBER 23, 1958, RELATING TO THE IMPROVEMENT OF BURBANK STREET FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET; PRO- VIDING THAT THIS ORDINANCE SHALL SUPERCEDE THE SAID ORDINANCES OF JULY 10, 1958 AND OCTOBER 23, 1958 INSOFAR AS SAID PRIOR ORDINANCES RELATED AND APPLIED TO HAWTHORNE AND BURBANK STREETS FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, TO THE EXTENT OF ANY CONFLICT; DETERMINING THAT IT IS NOT PRACTICAL TO PROCEED WITH THE IMPROVE- MENT OF HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE EAST PROPERTY LINE OF BARRYMORE BLVD. AND DECLARING THE ABANDONMENT THEREOF; DETERMINING THE NECESSITY FOR AND ORDERING THAT HAWTHORNE STREET, FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, AND BURBANK STREET, FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; APPROVING THE WRITTEN REPORT WHICH THE CITY COUNCIL CAUSED TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER OF THE ESTIMATES OF THE COST AND CERTAIN PORTIONS OF THE COST OF SUCH IMPROVEMENTS; APPROVING REPORT DESCRIBING ABUTTING PROPERTY AND THE OWNERS THEREOF; PRO- VIDING THAT PART OF THE COST OF THE IMPROVEMENTS SHALL BE PAID BY THE CITY OF BAYTOWN AND PART OF THE COST OF THE IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; ACCEPTING AND APPROVING THE BID OF GULF BITULITHIC COMPANY AND AWARDING THE CONTRACT TO GULF BITULITHIC COMPANY FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS; APPROVING AND ACCEPTING THE CONTRACT AND PERFORMANCE BOND EXECUTED AND SUBMITTED BY GULF BITULITHIC COMPANY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE EXECUTION OF SAID CONTRACT AND BOND BY THE MAYOR FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, AND RATIFYING AND ADOPTING SAID CONTRACT AND BOND; • RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: The City Council of the City of Baytown, Texas, hereby amends the Ordinance passed and approved by it on July 10, 1958, insofar but only insofar as said Ordinance related and applied to the improvement of Hawthorne Street from the East property line of Mayo Street to the West property line of Carnegie Street, known and designated in such Ordinance as Unit Number • Two (2), entitled: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT WILLIAMS STREET FROM THE EAST PROPERTY LINE OF PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH MAIN STREET (FORMERLY GOOSE CREEK STREET), KNOWN AND DESIGNATED AS UNIT NUMBER ONE (1); AND HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE STREET, KNOWN AND DESIGNATED AS UNIT NUMBER TWO (2), IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS: PRO- VIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST - 2 - IN THE MATTER OF THE IMPROVEMENT OF HAWTHORNE AND BURBANK STREETS WITHIN THE LIMITS STATED; ® MAKING THE APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVE- MENTS; DECLARING THE CITY COUNCIL'S INTENTION TO ASSESS PART OF THE COST OF SUCH IMPROVEMENTS AT CERTAIN RATES PER FRONT FOOT AGAINST THE ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF AND ADVISING THAT ASSIGNABLE CERTIFICATES WILL BE ISSUED TO EVIDENCE THE AMOUNTS ASSESSED; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AS TO ANY AND ALL MATTERS RELATED TO SUCH IMPROVEMENTS AND THE PROPOSED ASSESSMENTS; SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATING TO SUCH IMPROVEMENTS AND ASSESSMENTS ARE BY VIRTUE OF CERTAIN LAWS; DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: The City Council of the City of Baytown, Texas, hereby amends the Ordinance passed and approved by it on July 10, 1958, insofar but only insofar as said Ordinance related and applied to the improvement of Hawthorne Street from the East property line of Mayo Street to the West property line of Carnegie Street, known and designated in such Ordinance as Unit Number • Two (2), entitled: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT WILLIAMS STREET FROM THE EAST PROPERTY LINE OF PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH MAIN STREET (FORMERLY GOOSE CREEK STREET), KNOWN AND DESIGNATED AS UNIT NUMBER ONE (1); AND HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE STREET, KNOWN AND DESIGNATED AS UNIT NUMBER TWO (2), IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS: PRO- VIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST - 2 - THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105 -B DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." And the City Council of the City of Baytown, Texas, hereby amends the Ordinance passed and approved by it on October 23, 1958, entitled: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT BURBANK STREET, FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST t PROPERTY LINE OF CARNEGIE STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PRO- VIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105 -b, DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS;. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." Such Ordinances are amended to the extent hereinafter indicated, and the City Council hereby provides that this Ordinance shall supercede the said Ordinances of July 10, 1958, and October 23, 1958, insofar as said prior Ordinances related and applied to Hawthorne and Burbank Streets from the East property line of Barrymore Blvd. to the West property line of Carnegie Street, to the extent of any conflict between this Ordinance and the said prior Ordinances. Section 2: The City Council of the City of Baytown, Texas, • hereby determines that it is not practical to proceed with the - 3 - • f • improvement of Hawthorne Street from the East property line of Mayo Street to the East property line of Barrymore Blvd. as heretofore provided for in the Ordinance passed and approved on July 10, 1958, referred to hereinabove, because there is no present need for the improvement of said street between said limits, and the improvement of said street between said limits, as provided for in said Ordinance, is hereby abandoned. Section 3: The City Council of the City of Baytown, Texas, hereby determines the necessity for and orders the permanent ® improvement of Hawthorne Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street, and the permanent improvement of Burbank Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street, in the City of Baytown, Texas, by the con- struction thereupon of a cement stabilized shell base with asphaltic concrete wearing surface and concrete curbs and gutters and appurtenances and incidentals to such improvements, all as provided by the plans and specifications hereinafter referred tb; said improvements to be of materials and to be constructed in • the manner provided in the plans and specifications therefor heretofore prepared and submitted to the City Council by the Director of Public i4orks and City Engineer and hereinafter approved and adopted. The City Council here and now approves and adopts the plans and specifications for said improvements heretofore prepared and submitted to it by the Director of Public Wcrks and the City Engineer. Section 4: The written report which the City Council caused ® to be prepared by the Director of Public Works and the City --4- Engineer showing the estimates of the total cost and certain portions of the total cost of the said improvements has been re- is ceived and examined by the City Council, and such report is hereby in all things approved and adopted. A true and correct copy of said written report is as follows: Cost per front foot proposed to be assessed against abutting property and the true owners thereof for curbs and gutters along those portions of Hawthorne and Burbank Streets where curbs and gutters do not presently exist . . . . . . . . . . . . . . . . . . . . $ 2.75 Cost per front foot proposed to be assessed against abutting property and the true owners thereof for the improvements exclusive of curbs and gutters . . . . $ 1.25 Total cost per front foot proposed to be assessed against abutting property and the true owners thereof along those portions of Hawthorne and Burbank Streets where curbs and gutters do not presently exist . . . . . . . . . . . . . . . . . . . . $ 4.00 Total cost per front foot proposed to be assessed against abutting property and the true owners thereof along those portionsof Hawthorne and Burbank Streets where curbs and gutters do presently exist . . . . . . . . . . . . . . . . . . . $ 1.25 Total cost to be paid by all of the abutting property and the true owners thereof for the improvements. . . . $ 80043.50 Total cost to be paid by the City of Baytown for the improvements . . . . . . . . . . . . . . . . . . . . . . $18,727-50 Total cost of the improvements . . . . . . . . . . . . . $26,771.00 Total cost of improving Burbank Street . . . . . . . . . $13,019.75 Total cost of improving Hawthorne Street . . . . . . . . $131751.25 Total cost of the improvements . . . . . . . . . . . . . $26,771.00 • Section 5: The City Council hereby approves the written report which the City Council caused to be prepared by the Director of Public Works and the City Engineer containing the names of the persons, firms, corporations and estates owning property abutting upon said portion of said streets, with the number of front feet owned by each, describing such property either by lot and block number or in some other manner sufficient to identify it. Section 6: A part of the cost of such improvements shall be paid by the City of Baytown and a part thereof shall be paid by the property abutting upon the streets hereby ordered to be im- proved, within the limits herein stated, and by the owners of such property, as follows, to -wit: 5 - L (a) The property abutting upon Hawthorne Street and Burbank 0 Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street, in the City of Baytown, Texas, and the true owners thereof, shall pay all of the cost of curbs and gutters in front of their respective properties except where curbs and gutters presently exist and not exceeding nine - tenths (9/10) of the cost of the remainder of such improvements exclusive of curbs and gutters (in accordance with the estimate thereof by the Director of Public Works and the City Engineer, hereinabove approved), exclusive, however, of the cost of such improvements ® within intersections of said streets with other streets, avenues and alleys; provided, however, that in no event shall the cost of said improvements to be paid by the abutting property and the true owners thereof exceed the total cost of curbs and gutters in front of those properties where curbs and gutters do not presently exist and nine - tenths (9/10) of the cost of such improvements ex- clusive of curbs and gutters as shown on such estimate prepared by the Director of Public Works and the City Engineer, and hereinabove approved. (b) The City of Baytown shall pay all of the remainder of ® the cost of said improvements after deducting the amounts herein specified to be paid by the abutting property and the true owners thereof as set out in subparagraph (a) above. The amounts payable by the abutting property and the true owners thereof shall be assessed against such property and the true owners thereof and shall constitute a first and prior lien upon said abutting property, and a personal liability and charge against the true owners thereof, and shall be payable as follows, to -wit: 0 - 6 -- • The said amounts payable by the property owners shall be paid in six (6) equal installments, one installment to become due and payable within thirty (30) days after the completion of said improvements and the acceptance thereof by the City of Baytown, one installment to become due and payable one year from the date of such acceptance, one installment to become due and payable two years from the date of such acceptance, one install- ment to become due and payable three years from the date of such acceptance, one installment to become due and payable four years from the date of such acceptance, and one installment to become • due and payable five years from the date of such acceptance, with interest thereon from such date of acceptance at the rate of 6% per annum, payable annually, but said property owners shall have the privilege of paying any one or more of said in- stallments before their maturity by the payment of the principal and the accrued interest thereon, and such certificates as may be issued to evidence such assessments shall provide that in the event of default in paying any installment thereon when due, whether of principal or interest, the whole of such certificate 0 may be matured and declared due at the option of the holder thereof. 0 Section 7: The City Council caused the City Clerk to advertise for bids for such improvements in accordance with the plans and specifications hereinabove approved and adopted, and pursuant to the advertisement so made and in compliance with all applicable requirements of law, including the Charter and Ordinances of the City of Baytown, bids were received and opened and filed and the bid - °- -eived from Gulf Bitulithic Company for such improvements - 7 - twas and is here now found to be the lowest secure bid for such work. The City Council has and does hereby accept the bid of Gulf Bitulithic Company, with offices in Houston, Texas, for the construction of said improvements for the sum of $26,771.00,. and the contract for the construction of said improvements for said amount is hereby awarded to the said Gulf Bitulithic Company. Section 8: Pursuant to its bid Gulf Bitulithic Company executed and submitted to the City Council for its approval a written contract and performance bond with a good, sufficient and lawful surety, for the construction of said improvements, which said contract and bond are in full compliance with the plans and specifications approved and adopted hereinabove and with all requirements of law and were prepared and approved by the City Attorney, and the City Council has approved and accepted and does hereby approve and accept said contract and bond as being in full compliance with all requirements of law and of the plans and specifications and bid for said work, and the surety on said per- formance bond has been and is hereby approved and accepted. Section g: The Mayor of the City of Baytown, Texas, has • executed said contract in the name of and on behalf of said City, and has accepted and executed said bond for and on behalf of said City, and the City Clerk has affixed the seal of the City of Baytown to said contract and has attested the same in proper form, and the seal of the City of Baytown has been affixed to said bond also, and the execution of said contract and bond in the manner stayed for and on behalf of the City of Baytown, Texas, was and is hereby authorized and approved, and said contract and bond are e�c_•e')y ratified and adopted. � is - 8 - 0 Section 10: 11 • All prior acts of the City Council, the Mayor, and the City Clerk of the City of Baytown, Texas, in connection with the improvement of Hawthorne Street and Burbank Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street in the City of Baytown, Texas, as recited hereinabove, are ratified and confirmed. Section 11: There is hereby appropriated the sum of ,a $ ,c,C� yC `� out of the Street and Drainage Bond Fund, Series 1958, to pay the City's portion of the cost of said improvements on the said Hawthorne Street and Burbank Street, within the limits de- fined herein, or so much thereof as may be necessary to pay and discharge the obligations of the City of Baytown on said contract. Said fund is the lawful and proper fund out of which this appro- priation can be paid, and this appropriation is made pursuant to a proper certificate of the Director of Finance. Section 12: The City Council hereby declares its intention, subject to the hearing hereinafter set and ordered, to make and levy assessments of a part of the cost of such improvements against the abutting property and the true owners thereof at the rates per • lineal front foot contemplated in the estimate hereinabove approved, by virtue of the powers given by and subject to all of the pro- visions of Article 1105 -b, Revised Civil Statutes of Texas, 1925. To evidence the amounts so assessed, assignable certificates shall be issued, which shall be payable in installments and shall bear interest, all as set forth hereinabove. Following such hearing hereinafter provided for, assessments will be levied against said abutting property and the true owners thereof for that portion of the cost of said improvements herein- 0 above determined to be payable by said abutting property and the -- 9 - the true owners thereof, and such assessments when levied shall be a first and prior lien against said abutting property from the date said improvements were ordered, and shall be a personal lia- bility and charge against the true owners of such property at said date, whether named or not. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to state the fact, and if any said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but neverthe- less the true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be correctly named. Section 13: The City Council hereby orders that a hearing be had and a hearing shall be had and held by and before the City • Council of the City of Baytown, Texas, at 7:00 P.M. on the 1A day of a-&-tj 1959, in the Council Chamber in the City Hall of and in said City, at which time and place all owning or claiming any property abutting upon Hawthorne Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street and /or any property abutting upon Burbank Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street in the City of Baytown, Texas, or owning or claiming any interest in any such property, shall have the right at • such hearing to be heard on any matter as to which hearing is a true owners hereof; in the respective amounts as shall be deter- mined at said hearing to be payable by said abutting property and the true owners thereof, and such assessments when levied shall be a first and prior lien against said abutting property from the date said improvements were ordered, and shall be a personal lia- bility and charge against the true owners of such property at said date, whether named or not. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to state the fact, and if any said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but neverthe- less the true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be correctly named. Section 13: The City Council hereby orders that a hearing be had and a hearing shall be had and held by and before the City • Council of the City of Baytown, Texas, at 7:00 P.M. on the 1A day of a-&-tj 1959, in the Council Chamber in the City Hall of and in said City, at which time and place all owning or claiming any property abutting upon Hawthorne Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street and /or any property abutting upon Burbank Street from the East property line of Barrymore Blvd. to the West property line of Carnegie Street in the City of Baytown, Texas, or owning or claiming any interest in any such property, shall have the right at • such hearing to be heard on any matter as to which hearing is a - 10 - • • ® constitutional pre - requisite to the validity of the proposed assessments, and to contest the amounts of the proposed assess- ments,-the lien and liability thereof, the special benefits to the abutting property and the owners thereof by means of the improve- ments for which assessments are to be levied, and the accuracy, sufficiency, regularity and validity of the proceedings and contract in connection with such improvements and proposed assessments, and to be heard on any other matter related to said improvements and the proposed assessments. • Section 14: The City Clerk is directed to give notice of such hearing, which notice shall be directed to all owning or claiming any property abutting upon said portions of Hawthorne Street and Burbank Street, or any interest therein, and to all interested in any such property, and shall be given by advertise- ment thereof inserted at least three times in some newspaper of general circulation published in the City of Baytown, the first publication to be made at least ten days before the date of the hearing. The City Clerk shall also mail, by first class mail, postage prepaid, a copy or a substantial copy of the notice so published or to be so published, addressed to the respective owners of the various and sundry parcels or lots of abutting prop- erty, together with lien holders, at their respective usual or best mailing addresses; provided, in complying with this direction for the giving of notice by mail to the abutting property owners and lien holders, the City Clerk may rely upon and may address the envelopes containing such notices, in accordance with such list of names and addresses as may be furnished the City Clerk as being sufficient and correct either by the City Attorney or one of his • assistants or by or on behalf of the City's contractor for this - 11 - L� • • paving project and bearing the approval of the City Attorney or one of his assistants. The City Clerk shall mail such notices as soon as practicable after the receipt by her of such list of names and addresses, and shall in such manner and form as she deems appro- priate and sufficient make and preserve a record sufficient to evidence the following: (a) The fact and date of the mailing thereof with a sufficient short description"of the paving project to which the notices so mailed related; and (b) The names and mailing addresses to which the notices so mailed were addressed. From time to time and if supplemental lists of names and addresses to which such notices are desired to be sent are fur- nished the City Clerk, she will mail such notices to the names and addresses reflected upon such supplemental list or lists, making and preserving a like or similar record in connection there- with. In connection with and incident to such mailing, the City Clerk will also make and preserve in such manner and form as she deems appropriate and sufficient, a record of those, if any, of the notices so mailed which are returned to her from the Post Office as having not been delivered and will preserve the envelopes so returned to her. All of the records so made by the City Clerk incident to the mailing hereby ordered of such notices, including the return of any thereof to the City Clerk, shall be public records available to inspection, examination or copying by any person legitimately in- terested therein; and copies of any thereof or of any part or parts of any thereof shall be made and furnished by the City Clerk to any person desiring the same at the same charges and fees as those - 12 - R + K] 0 0 0 • • which the City Clerk is authorized to charge for the furnishing of certified copies of Ordinances or other papers or documents in her custody; but the City's contractor for the paving project herein referred to shall be entitled to receive one copy appropriately authenticated or certified of any such record or list upon payment only of the direct and immediate cost of the preparation thereof, and under such precautions as the City Clerk deems proper may pro- cure at such contractor's own cost the photostating or other appro- priate reproduction of as many copies of any thereof as such con- tractor may desire. Section 15: In such notice the City Clerk shall describe in general terms the nature of such improvements for which assessments are proposed to be levied and to which the notice relates, shall state the streets and the portions thereof to be improved, shall state the estimated amounts per front foot proposed to be assessed against the owners of abutting property on said portions of said streets, shall state the estimated total cost of the improvements on said portions of said streets, and shall state the time and place at which such hearing shall be held. There may also be in- cluded in such notice such further data and information regarding such proposed assessments as the City Clerk deems proper and such general statement as the City Clerk deems sufficient to acquaint those to whom it is directed with the fact that they have a right to be heard and to inform them of the matters upon which they are entitled to be heard. Section 16: This Ordinance is adopted and all of the further proceedings in connection with such improvements and the construction thereof and such assessments shall be pursuant to the powers given by and in accordance with the provisions of the Acts of the 40th - 13 - • Legislature of the State of Texas, 1927, First Called Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, as amended, said Act being commonly known as Article 1105 -b, Re- vised Civil Statutes of Texas, 1925, and having been adopted by the City of Baytown in Section 7 of Article I of the Charter of said City. Section 17: The City Clerk is directed to file a notice of the adoption of this Ordinance with the County Clerk of Harris County, Texas, pursuant to the provisions of and meeting the re- quirements of Article 1220 -a of the Revised Civil Statutes of Texas, 1925. Effective Date: This Ordinance shall take effect from and after the date of its passage by a two - thirds vote of the City Council of the City of Baytown, Texas. Introduced, read and passed by a two - thirds vote of the City Council of the City of Baytown, Texas, on this day of 1959. ® AT R. H. Pruett, Mayor v Edna Oliver, City Clerk I• - 14 -