Ordinance No. 662ORDINANCE NO. � 6,,Z
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
SOUTH FOURTH STREET FROM THE SOUTH RIGHT OF WAY LINE OF EAST
TEXAS AVENUE TO THE SOUTH LINE OF ALLEN ADDITION, 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 IM-
PROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT 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 ABUTTING UPON SAID STREET
TO BE IMPROVED AM AS TO OTHER RELATED MATTERS; SETTING AND
FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT
NOTICE THEREOF BE GIVEN; RESCINDING ANY ORDINANCES OR PROCEED-
INGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section l: The City Council of the City of Baytown, Texas, finds and
determines:
(a) That the City Council of the City of Baytown, Texas, has
heretofore, by its ordinance number 654, duly enacted on
July 12, 1962, determined the necessity for and ordered
the improvement of South Fourth Street, 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 improvements and authorized
the 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
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, with-
in 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 received, examined and 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-
ting property and such property on said street, and the estimated Iota) cost of
the improvements is set out as follows, to -wit:
11 201
Amount per front foot to be assessed
against property owners for curb & gutter:
Total Cost of Improvement to be borne by
property owners:
Total Cost of Improvement to be borne by
City of Baytown:
Total Cost of Improvement:
$ 2.65
4,732.57
$ 1,134.93
$ 5,867.50
Section 3: That there is hereby appropriated from the City of Baytown's
Street Improvement Fund and General Fund the sum of ONE THOUSAND ONE HUNDRED THIRTY-
FOUR AND 93/100 ($1,134.93) DOLLARS 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 dis-
charge the obligation of the City of Baytown under its contract with Gulf Bithuli-
this 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 re-
ceived 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 5:30 o'clock p.m., on the 13th day of December, 1962, at
which time and place all persons, firms, corporations or estates owning or claim-
ing any such abutting property or any interest therein, and their agents, or at-
torneys, or persons interested in said proceedings, shall be notified to appear
and 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
street and to all claiming any such property -or any interest therein, such notice
to be given as follows, to -wit:
11 St
(a) By advertisement thereof inserted and published at least
three (3) times, to -wit: On at least three 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 described; 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 respect-
ive, 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 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 own-
ers, 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 other information pertinent to the effort made to give to each of said abut-
ting 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.
Effective Date: 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, REBID and PASSED by a majority of the City Council of the City
of Baytown, on this the 8th day of November, 1962.
Al 4layton, Mayor
ATTEST:
Edna Oliver, City Clerk