Ordinance No. 576•
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ORDINANCE NO. 576
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 FOREST STREET FROM THE EAST PRO-
PERTY LINE OF NORTH PRUETT STREET TO THE WEST PROPERTY
LINE OF NORTH MAIN 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 ENGI-
NEEF "S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVE-
MENTS; MAKING APPROPRIATION OF FUNDS FOR PAYM T 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 ABUT-
TING UPON SAID STREET TO BE IMPROVED AND AS TO OTHER RE-
LATED MATTERS; SETTING AND FIXING THE TIME AND PLACE OF
SUCH HEARING AND DIRECTING THAT NOTICE MEREOF BE GIVEN;
RESCINDING ANY OTHER ORig NANCES OR PROCEEDINGS OF SAID
CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECT-
IVE 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. 548, duly enacted on
June 25, 1959, determined the necessity for and ordered
the improvement of Forest 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 said improvdmentd, °-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 relative to such
proposed improvements, 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 referred to, and the
real and true owners thereof, and said City Engineer has
heretofore prepared and duly filed said plans and specifica-
tions and estimates and a statement of other matters relat-
ing thereto with said City Council, and same have been
received, examined 4nd approved by said City Council.
That such action of the City Council.heretofore taken is in all things here-
by 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-
Ling property and such property on said street, and the estimated total cost of
the improvements is set out as follows, to -wit:
e
0
0
Amount
owners
per
for
front foot to be
paving:
assessed against property
h 1.75
Amount
owners
per
for
front foot to be
curbing:
assessed against property
�— ?'25
Total
property
amount per front foot
owners:
to be assessed against
$ 4'�
Total
Cost
of Improvement:
$ 39,628.50
Total Cost of Improvement to be borne by property $ 11,299.83
owners:
Total cost to be borne by City of Baytown: $ 28,328.67
Section 3: That there is hereby appropriated from the City of Baytown,
Texas, Street Improvement Fund and General Fund the sum of $28,328.67
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
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 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
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
thereof inserted and published at least three times, to -wit: on at least three
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_.different days, in a newspaper of general circulation in the City of Baytown,
toTexas, 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 pub-
lished 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 re-
spective usual or best mailing addresses, obtained from sources reasonably avail-
able 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
4 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 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.
ID INTRODUCED, READ and PASSED by a majority of the City Council of the City
of Baytown, Texas, on this the 28th day of January, 1960.
ATTEST:
- 44 R. Pruett, Mayor
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Edna Oliver, City Clerk
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