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Ordinance No. 565Pi • ORDINANCE AN ORDINANCE OF THE CITY OF BAYTOVIN, TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE ItIATTER OF PER6I4NENTLY irgPROVING N)rTH COMERCE STREET FROM THE NORTH PROPERTY LINE OF FOREST STREET TO THE SOUTttl PROPERTY LINE OF WILLIAM STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFEREED TO, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGI- MER'S ESTIrMTES OF THE COSTS OF SUCH PROPOSED IM)ROVEMNTS; r.1AKING APPROPRIATION OF FUNDS FOR PAYi:1ENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OC BAYTOWN, TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL O1'IIVING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREET TO M IM.FROVED AND AS TO OTHER RELATED GATTERS; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCES OF PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF TIME 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 here- tofore, by its ordinance No. 535, duly enacted on April 30, 1959, determined the necessity for and ordered the improvement of North Commerce Street in the City of Baytown, Texas, within the limits therein defined, in the manner and according to Plans and Specifi- cations 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 said improvements and authorized its Llayor to exe- 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 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 re- lating 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 esti- Mated amounts per front foot proposed to be assessed against the owners of abut- 0 ting property and such property on said street, and the estimated total cost of the improvements is set out as follows, to -flit: Amount per front foot to be assessed against property owners for paving: $ 2,00 Amount per front foot to be assessed against property owners for curbing: 2,00 Total amount per front foot to be assessed against property owners: $ 4.00 Total Cost of Improvement: $ 29,066.00 Total cost of improvement to be borne by property owners: $ 5,893,75 Total cost of improvement to be borne by City of Baytown: � 23.173._0.5 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund the sum of $23,173.05, to pay the • Cityts 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 un- der 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 orners thereof, and as to the special benefits to said property to be received from said improvements, or concerning any error, invalidity, irregu- larity or deficiency in any proceeding or any contract with reference thereto, or concerning any matter or thing, connected therewith, which IIearing 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 10th day of December, 1959, at which time and place all persons, firms, corporations or estates owning or claim- ing any such abutting property or any interest therein, and their agents or attor- neys, 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 rsay be adjourned from day to day and fron time to tike, and held open until all evidence and protests have been fully offered and heard. Section S: The City Clerk is directed to give notice of such Hearing, • which notice shall be directed to all owning any property upon said portion of said streets and to all claiming any such property or any interest therein, such notice to be given as follows, to -wit: -2,- (a) By advertisement 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 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, 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 par- cels 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 nailed as soon as practicable after the passage hereof, and shall, in such manner and form as she deems appro- priate 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 own- ers, the names and mailing addresses to which such notices were so mailed, and what, if any, such Notices are returned to her for avant 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 afore- said. Section b: 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 Bay- town, Texas. . INTRODUCED, READ and PASSED by a majority of the City Council of the City of Baytown, Texas, on this the 12th day of November, 1959. ATTE5T : PI Edna Oliver, City Clerk -3- OMM R. H. Pru rtt, 13ayor