Ordinance No. 584•
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584
ORDINANCE NO.
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CORRECTING AND AMENDING PROCEEDINGS HERETOFORE HAD
INCIDENT TO THE PERMANENT IMPROVEMENT OF CARNEGIE
STREET BY AMENDING THE DESCRIPTION OF THE AREA TO
BE IMPROVED TO COINCIDE WITH THE TRUE INTENT OF
SAID CITY COUNCIL; RATIFYING AND CONFIRMING ALL
OTHER PROCEEDINGS HERETOFORE HAD.IN THE MATTER;
PROVIDING THAT EXCEPT AS HEREBY AMENDED ALL OTHER
PROCEEDINGS INCIDENT;TO SAID IMPROVEMENTS SHALL
REMAIN IN FULL FORCE AND EFFECT; DIRECTING THE CITY
CLERK TO FILE NOTICE OF THE ENACTMENT HEREOF; AND
• PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, pursuant to a petition signed by various owners
of property abutting upon Carnegie Street between Lindberg Street
and the Missouri Pacific Railroad right of way in the City of
Baytown, such petition requesting said City to take steps for the
permanent improvement of said portion of said street, the City Coun-
cil of the City of Baytown prior to July 9, 1959, considered the
advisability of and necessity for such improvements and instructed
the City Engineer to prepare plans and specifications for such work;
® and
WHEREAS, at its meeting on the 9th day of July, 1959, said
City Council received and considered such Plans and Specifications
as prepared by the City Engineer and adopted its Ordinance No. 551
formally determining the necessity for such improvements; and
WHEREAS, due to inadvertence in describing the area of
1'. Carnegie Street to be improved, said formal ordinance, contrary to
the true intent of the City Council, instead of correctly referring
to the north line of the Missouri Pacific Railroad right of way,
v,
incorrectly referred to the north line of the Southern Pacific Ra.il-
:x
road right of way; and
WHEREAS, pursuant to said Ordinance No. 551, the City of
i
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Baytown advertised for bids based upon said Plans and Specifications
correctly relating to permanent improvements to be constructed on
Carnegie Street between Lindberg Street and the Missouri Pacific
right of way; and whereas Brown & Root, Inc., submitted to the City
the lowest and most advantageous bid for said work and was awarded
a contract therefor, the formal contractural documents being exe-
cuted by the City and the said Brown & Root, Inc., on November 25,
1959, and, among other things, providing that the Plans and Specifi-
cations and the bid proposal shall be a part thereof; and
® WHEREAS it is necessary to amend and correct the proceed-
ings incident to the proposed improvement of Carnegie Street to
correctly reflect the limits of the area to be improved, i.e.,
Lindberg Street to the Missouri Pacific right of way; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1. Incident to the proposed permanent improve-
ment of Carnegie Street, the City Council of the City of Baytown,
Texas, hereby affirms its intention that the area to be so improved
shall extend from the south property line of Lindberg Street to the
north line of the Missouri Pacific Railroad right of way, hereby
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amending and
correcting whatever
proceedings
heretofore had that
incorrectly
described the limits
of such area
to be improved.
Section 2. That subject to the incorrect description of
the area to be improved on Carnegie Street, which is in all things
amended and corrected hereby, all action of the City Council here-
tofore taken incident to the improvement of Carnegie Street is here-
by ratified and confirmed.
Section 3. That except in so far as the proceedings in-
cident to the improvement of Carnegie Street are hereby corrected
and amended, all provisions thereof shall be and remain in full
force and effect, unchanged as heretofore enacted.
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Section 4. That, pursuant to Article 1220 -a of the Revised
Civil Statutes of Texas, the City Clerk is hereby directed to file
with the County Clerk of Harris County, Texas, an appropriate notice
setting forth the amended and corrected description of the area of
Carnegie Street to be improved.
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 on this the 25th day of February, 1960.
ATTEST:
i y ter
APPROVED:
City Attorney
(21
mayor
• s
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