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Ordinance No. 528s - - ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF BAYTO19N, TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE i.IATTER OF PERMANENTLY Ii,!PROV ING NORTH i.iAIN STREET FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO THE NORTH RIGHT- OF41AY LINE OF CEDAR BAYOU ROAD, IN THE CITY OF BAY - TOVN, TEXAS, 11TTHIN THE LIMITS HEREIN REFERRED TO, AND RATI- FYING AND COATIR[JING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED Ii.]PROVE- i.IENTS; HAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH Ir..iPROVEEENTS TO BE BORNE BY THE CITY OF BAYTOUN, TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OVNING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREET TO BE IiIPROVED AND AS TO OTHER RELATED UATTERS; SETTING AND FIXING THE T Ii:1E AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREUITH: AND PROVIDING FOR THE EFFECTIVE-DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOIIN : SECTION 1: The City Council of the City of Baytown, Texas, hereby finds and'determines: (a) That the City Council of the City of Baytown, Texas has heretofore, by its ordinance No. 494, duly enacted on June 12, 1958, determined the necessity for and ordered the improvement of North Hain Street in the City of Baytown, Texas, within the limits therein defined, in the manner and according to plans and specifications to be pre- pared by the City Engineer of said City. (b) That said City Council, in behalf of the City of Baytown, has here- tofore, awarded to Brown G Root, Inc. the contract for construction of a portion of said improvements, and authorized its i.Iayor to ex4- cute a written contract in evidence thereof. (c) That the City Council has caused the City Engineer to prepare and • file plans and specifications relative to such proposed improvements, and estimates of the costs of such improvements, and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street, within the limits herein referred to, and the real and true owners thereof; and said City Engineer ha! hereto- fore prepared and duly filed _said plans and specifications ..id esti- mates and a statement of other matters relating thereto with said City Council, and same have been received, examined and approved by said City Council. That such action of the City Council heretofore taken is in all things hereby ratified and confirmed. SECTION 2: That a true and correct cony of the estimates of the costs of such proposed improvements as prepared by the City Engineer reflecting the estimated amounts per front foot proposed to be assessed against the owners of abutting property and such property on said street, and the estimated total cost ® of the improvemtnts is set out as follows, to -Tait: "R s U1 0 Amount per front foot to be assessed against property owners for paving Amount per front foot to be assessed against property owners for curbing: Total Amount per front foot to be assessed against property owners Total Cost of improvement: 7.30 .70 8.00 r 123 765.00 Total cost of improvement to be borne by property owners: $ 98,802.69 Total cost to be borne by City of r 79 962.63 Baytown: SECTION 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund the sum of $74,962,36, to pay the City's portion of the cost of said improvements on said street, or so much thereof as may be necessary to pay and discharge the obligation of the City of BON town under its contract with Brown & Boot, Inc. SECTION 4: A public hearing shall be held and given to the real and true owners and to all owning or claiming any interest in any property abutting upon said street, as hereinabove referred to, and to all others owning, claiming or interested in said property or any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, or concerning any error, invalidity, irregul- ® arity or deficiency in any proceeding or any contract with reference thereto, or concerning any matter or thing, connected therewith, which hearing shall be held by the City Council of the City of Eaytovin, Texas, in the CoU!lcil Ghcmber of the City Hall of said City, at 7 :00 o `olo,•k P, i.l. , on the 13th day of i:iay, 1959, at which time and place all persons, farms, corporations cr estates owning or claim- ing any such abutting property or any interest therein, and their agents Or at- torneys, or persons interested in said proceedings, shall be notified and to be heard in person or by counsel, and to offer evidence if they so desire; and said hearing may be adjourned from day to day and from time to time, and helot open until all evidence and protests have been fully offered and Beard, ® SECTION 5: The City Clerk is directed to give notice of such hearing, which notice shall be directed to all owning any property abutting upon said por- tion of said street, and to all claiming any such property or any interest there- in, such notice to be given as follows, to -fait: (a) By advertisement thereof 1131t ® inserted and published at least three times, to -wit: on at least three different days, in a newspaper of general circulation in the City of Baytown, Texas, the first of such publications to be made at least ten days prior to the date of the hearing, as hereinabove prescribed; and (b) by mailing (by first class mail, pos- tage prepaid) a copy or a substantial. copy of the notice so published or to be published, addressed to the respective owners of the various and sundry parcels of property abutting upon the street to be improved, at their respective usual or best mailing addresses, obtained from sources reasonably available to the said City Clerk. The City Clerk shall cause such notices to be mailed as soon as prac- ticable after the passage hereof, and shall, in such manner and form as she deems appropriate and sufficient, make and preserve a written record sufficient to evi- ® dente the fact and date of the mailing of said notices to said respective proper- ty owners, the names and mailing addresses to which such notices were so mailed, and what, if any, such notices are returned to her for want of proper addresses, etc., and any other information pertinent to the effort made to give to each of- said abutting property owners actual notice of the benefit hearing to be held as aforesaid. SECTION 6: That any ordinance or proceedings heretofore enacted by the City Council of the City of Baytown, Texas, in conflict herewith are hereby expressly rescinded and repealed. SECTION 7: Effective Date: That this ordinance shall take effect ® from and after the date of its passage by a majority of the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by a majority of the City Council of the City of Baytown, Texas, on this the 9th day of April, 1959. (� ATT CST : C Edna Oliver, City Clerk 7V r H. Pruett , l?ayor