Ordinance No. 572111
0
10
•
ORDINANCE NO. 572
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN
TAKEN .IN RELATION TO THE MATTER OF PERMANENTLY IMPROVING WEST
MURRILL STREET FROM THE WEST PROPERTY LINE OF NORTH WHITING
STREET TO THE SOUTH PROPERTY LINE OF WEST LOBIT STREET, IN
THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED
TO, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A
COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED
IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS'FOR PAYMENT OF THE
SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY
OF BAYTOWN, TEXAS; ORDERING TIL4T 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
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. 536, duly enacted on
April 30, 1959, determined the necessity for and ordered
the improvement of West Murrill Street in the City of Bay-
town, Texas, within the limits therein defined, in the man-
ner and according to plans and specifications tobe:pre-
pared 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 author-
ized its Mayor to execute a written contract in evidence
thereof.
(c) That the City Council has caused the City Engineer to pre-
pare and file plans and specifications Irelaiive 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 matter relating there-
to with.said City Council, and.same have been received, ex-
amined 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-
ting property and such property on said street, and the estimated total cost of
the improvements is set out as follows, to -wit:
0 •
Amount per front foot to be assessed against
property owners for paving: $ 1.75
Amount per front foot to be assessed against
property owners for curbing:
Total Amount per front foot to be assessed
against property owners: $ 1.75_
Total Cost of improvement: $ 19.386.96
Total Cost of Improvement to be borne by
property owners: 5,021.40
Total Cost to be borne by City of Baytown: $ 14,365.56
Section 3: That there is hereby appropriated from the City of Baytown,
Texas, Street Improvement Fund and General Fund the sum of $14,365.56
® 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 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, irregu-
larity or deficiency in any proceeding or any contract with reference thereto, or
Oconcerning 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 25th day of February, 1960,
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
inserted and published at least three times, to -wit, on at least three different
-2-
hearing, as hereinabove prescribed; and {b) by mailing (by first class mail, post-
age prepaid) a copy or a substantial copy of the notice so published or to be pub-
lished, 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 ad-
dresses, 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 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, REND and PASSED by a majority of the City Council of the City
of Baytown, Texas, on this the 28th day of January, 1960.
ATTEST :
�f
Edna Oliver, City Clerk
-3-
4 C
R. H. 15rtFett, Mayor
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, post-
age prepaid) a copy or a substantial copy of the notice so published or to be pub-
lished, 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 ad-
dresses, 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 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, REND and PASSED by a majority of the City Council of the City
of Baytown, Texas, on this the 28th day of January, 1960.
ATTEST :
�f
Edna Oliver, City Clerk
-3-
4 C
R. H. 15rtFett, Mayor