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Ordinance No. 566• ORDINANCE NO. SG G b' AN ORDINANCE OF THE CITY OF BAYTOIVN, , TEXAS , DETERIIINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RATION TO THE MATTER OF PERMANENTLY IWROVING SOUTH MAIN STREET FROM THE SOUTH PROPERTY LINE OF REPUBLIC STREET TO THE NORTH RIGHT -OF -WAY LINE OF ALEXANDER DRIVE, IN THE CITY OF BAYTOWN, TEXAS, KITHIN THE LIMITS HEREIN REFERRED TO, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER`S ESTIMATES OF THE COSTS OF SUM PRO - POSED IMPROVEMENTS; WING APPROPRIATION OF FUNDS FOP, PAY - MNT OF THE SHARE OF THE COST OF SUCH IIIMOVEi: MS TO BE BORNE BY THE CITY OF BAYTOWN, TEXAS; ORDERING THAT A 11EAR- ING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PPOPEPITIES ABUTTING UPON SAID STREET TO BE IMPROVED AND AS TO OTHER RE- LATED MATTERS; SETTING AND FIXING THE TIKE AND PLACE OF SUCII 4/ HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN, PESCIND- 1� ING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CON- FLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ti BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BMW'% 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 South Main Street in the City of Bay- town, 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 Brown & Root, Inc. the contract • for construction of a portion of said improvements, and authorized its Nayor to execute a written contract in evi- dence thereof. (c) That the City Council has caused the City Engineer to pre- pare and file plans and specifications relative to such pro- posed improvements, and estimates of the costs of such im- provements, and estimates of the amounts per front foot pro- posed 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 hereto- fore prepared and duly filed said plans and specifications and estimates and a statement of other matters relating there- to with said City Council, and same have been received, exam- ined 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 es- timated 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 -suit: •® Amount per front foot to be against property owners for Amount per front foot to be against property owners for Total amount per front foot against property owners: Total cost of improvement: assessed paving: assessed curbing: to be assesses! Total cost of improvement to be borne by property owners: Total cost of improvement to be borne by City of Baytown: Ole $ 7,23 ,77 98,312,77 35,672.08 62 640.69 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund the sum of $62,640.69, to pay the kity'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 Baytown under its contract with Brown & Root, Inc. Ia 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 Ito 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, irregu- larity 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 P.M. o'clock, on the 10th day of December, 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 upon said portion of said i street and to all claiming any such property or any interest therein, such notice to be riven As fn1fows., to -unit: (a) By advertisement thereof inserted and "2" • is I• 0 • 00 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, ad- dressed 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 mail- ing addresses, obtained from sources reasonably available 'to the -said City Cleric. 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 deeds 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 nailed, and what, if any, such notices..are.teturned_to her.for want of proper addresses, etc., and any other information pertinent to the effort made to give to each of said abuttin; property oiuners actual notice of the Benefit Hearing to be held as aforesaid. Sec_ tion b: That any ordinance or proceedings heretofore enacted by the City Council of the City of Baytown, Texas, in conflict herewith are hereby expres- sly 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 12th day of November , 1959. ATTEST: Edna Oliver, City Clerk 10371 IXI�ill P-4 A-1 Yop 11. Pruetir,113yor