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Ordinance No. 5610 • E ORDINANCE 110. 561 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOVIN, TEXAS, DETERi,IINIIK'G THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN, JN RELATION TO THE IIATTER OF PERI4ANEWLY IlIMOVING WRTROJAIN STREET FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO THE SOUTH PROPERTY LINE OF REPUBLIC STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFER- RED TO, AND RATIFYING Alm CONFIRhIING SUCH ACTION; SETTING OUT A COPY OF THE ENUINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IAIPROVEWNTS; t.1AKIDE APPROPRIATION OF FUNDS FOR PAY - I,IENT OF THE SHARE OF THE COST OF SUCH IAWROVEMEENTS TO BE BORNE BY TH CITY OF BAYTO104, 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 F.IATTERS; SETTING AM FIXING THE TItIE AND PLACE OF SUCH HEARING AND DI- GECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREI.1ITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: i, Section 1: The City Council of the City of Baytorin� Texas, hereby finds u' and determines: (a). That the City Council of the City of Baytown, Texas, has here- tofore, by its ordinance No. 494, duly enacted on June 12, 1958, determined the necessity for and ordered the improvement of North and South ;.lain Street in the City of Baytown, Texas, within the limits therein defined, in the manner and according to plans and specifications to be prepared by the City Engineer of said City. (b) That said City Council, in behalf of the City of Baytown, has heretofore, awarded to Gulf Bithulithic Company the contract for construction of a portion of said improvements, and authorized tts Myor 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 .relartive to such proposed improve- ments, and estimates of the costs of such improvements, and esti- mates 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 has heretofore prepared and duly filed said plans and specifications and estimates and a statement of other matters relating thereto with said City Council, and same have been re- ceived, examined and approved by said City Council. That such action of the City Council heretofore taker 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 inprovements 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 -wvit: • • 0 • Amount to be assessed against property owners for cost of Pavement (Amount per Front Foot): • Total Cost of Improvement to be borne by Property Owners: Total Cost of Improvement to be borne by the City of Baytown: Total Cost of Improvement: - -- 3.48 17,035.00 60,215.00 77,250.00 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General fund the sum of $60,215.00, to pay the City's portion of the cost of said improvements on said street, or so much there- of as may be necessary to pay and discharge the obligation of the City of Baytown under its contract with Gulf Bithulithic 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 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 Baytown;. Texas, in the Council Chamber of the City Hall of said City, at 7 :00 PjI, o'clock, on the 12th day of November, 1959, at which time and place all persons, firms, corporations or estates owning or claiming any such abutting property or any interest therein, and their agents or attorneys, or persons interested in said proceedings, shall be notified to appear 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 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 --wit: (a) By advertisement thereof in- serted 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 -2- • • 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 flailed 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- dence 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 b: That any ordinance or proceedings heretofore enacted by the City Council of the City of Baytown, Texas, in conflict herewith are hereby ex- pressly 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, REM and PASSED by a majority of the City Council of the City of Baytown, Texas, on this the 22nd day of October, 1959. ATTEST: Edna Oliver, City Clerk • -3- . N. Pruett, Mayor