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
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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
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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
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• 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
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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
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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
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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
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• •
® 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
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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
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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
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• 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•
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