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Ordinance No. 639n L.J 638 ORDINANCE NO. 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 MAIN STREET, TO -WIT: WEST MAIN STREET (FORMERLY KNOWN AS GOOSE- CREEK -PELLY ROAD) FROM THE WEST RIGHT -OF -WAY LINE OF MCKINNEY STREET MH STREET), ALSO BEING THE EAST LINE OF BLOCK SEVEN (7) OF JONES ADDITION TO THE CITY OF PELLY (NOW BAYTOWN), TO A POINT SIXTY -FIVE (65') FEET WESTERLY FROM THE WEST LINE OF ALLMAN STREET (6TH 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 PRO- POSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAY- MENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF BAYTOWN; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUI- 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 THEREOF BE GIVEN; RESCIND- ING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CON- FLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 here- tofore, by its Ordinance No. 638, duly enacted on November 19, 1961, determined the necessity for and ordered the improvement of West Main 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 Brown & Root, Inc. -- the contract for construction of said improvements and authorized its Mayor to execute 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 im- provements, '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 specifications and estimates and a statement of other matters relating thereto with said City Council, and same have been re- ceived, 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 abutting property and such property on said street, and the estimated total cost of the im- provements is set out as follows, to -wit: �J • • Amount per front foot to be assessed against property owners for paving: $ 1.20 Amount per front foot to be assessed against property owners for curb & gutter: $ 2.80 Total amount per front foot to be assessed• against property owners: $ 4.00 Total Cost of Improvement: $ 11,442.50 Total cost of improvement to be borne by property owners: $ 3,140.00 Total cost of improvement to be borne by City of Baytown: $ 8,302.50 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund the sum of $8,302.50 , to pay the City's portion of the cost of said improvement on said street, or so much thereof as may be necessary to pay and discharge the obligation of the City of Bay- town under its contract with Brown C Root Inc. 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 in- terested in said property or any of said matters as to the assessments and as to the amount to be assessed against every 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, irregularity or deficiency in any proceeding or any contract with reference thereto, or concern- ing 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 o'clock P.M., on the 11th day of January, 1962, 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 per- sons 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 evi- dence 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 street 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 (3) different days, in a news- paper 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 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 thereof, 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 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, ete. and any other information pertinent to the effort made to give to each of said abutting pro- perty 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 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 14th day of December, 1961. ATT EST : Edna Oliver, City Clerk C -3- WW "! FEE,