Ordinance No. 552J.
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ORDINANCE NO. 552
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, DETERMINING
THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION
TO THE MATTER OF PERMANENTLY IMPROVING NORTH AND SOUTH
MAIN STREETS FROM THE SOUTH PROPERTY LINE OF FAYLE STREET
TO THE SOUTH PROPERTY LINE OF REPUBLIC, IN THE CITY OF BAY -
TOWN, TEXAS, WITHIN THE LIFTS HEREIN REFERRED T0, AND RATI-
FYING AND CONFIRidING SUCH ACTION; SETTING OUT A COPY OF THE
ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVE -
MENTS; MAKING APPROPRIATION OF FUNDS FOR PAYIENT OF THE SHARE
OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF
BAYTOWN, TEXAS: ORDERING THAT A HEARING BE HELD AND GIVEN TO
ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREET
TO BE IMPROVED AND AS TO OTHER RELATED MATTERS' SETTING AND
FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT
NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCES OR
PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
things hereby ratified and confirmed.
SECTION 2: That a true and correct copy 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 improvements is set out as follows, to -wit:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
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 and South
Main Streets in the City of Baytown, Texas, within the limits
therein defined, in the manner and according to plans and speci-
fications to be prepared by the City Engineer of said City.
(b)
That said City Council, in behalf of the City of Baytown, has here-
tofore, awarded to Gulf Bitulithic Company the contract for con-
struction of a portion of said improvements, and authorized its
Mayor to execute 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 improve-
ments 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 referr-
ed to, and the real and true owners thereof, and said City Engineer
has heretofore prepared and duly filed said plans and specifications
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and estimates 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 copy 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 improvements is set out as follows, to -wit:
Amount per front foot to be assessed
against property owners for resur-
facing the existing concrete base
4.624
• Total amount per front foot to be assessed
against property owners 4.624
Total Cost of Improvement: 77,250.00
Total Cost of Improvement to be borne 22,590.00
by property owners-
Total Total Cost to be borne by City of 54,660.00
Baytown:
SECTION 3: That there is hereby appropriated from the City of Baytown,
Texas, Street Improvement Fluid and General Fund the sum of $54,660.00, to pay
the City h 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 Baytown under the contract with Gulf Bitulithic Company.
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 abutt-
ing 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 abutt-
ing property and the real and true owners thereof, and as to the special bene-
fits to said property to be received from said improvements, or concerning any
error, invalidity, irregularity or deficiency in any proceeding or any contract
with reference thereto, or concerning any matter or thing, connected therewith,
Is which hearing shall be held by the City Council of the City of Baytown, Texas,
in the Council Chamber of the City Hall of said City, at 7:00 o'clock on the
13th day of August, 1959, at which time and place all persons, firms, corpora-
tions or estates owning or claiming any such abutting property or any interest
therein, and their agents or attorneys, or persons interested in said proceed-
ings, 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 held open until all evidence and protests have
been fully offered and heard.
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
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portion of said street, and to all claiming any such property or any interest
therein, such notice to be given as follows, to -wit: (a) By advertisement
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thereof 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 puhlioations 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, postage 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 practicable 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 evidence the fact and date of the mailing of said
notices to said respective property 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 b: That any ordinances 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 23rd day of July, 1959.
R. H Pr e t, Akyor
ATTEST:
Edna Oliver, City Clerk
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