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Ordinance No. 705ORDIN.',NCE NO. 705 ,tN ORDIN:tNCE OF THE CITY COUNCIL OF THE CITY OF B«YTOWN, TEXAS, DETERMINING TH,tT CERTAIN STEPS H,iVE HERCTOFORE BEEN T,d(EN IN RE- LATION TO THE M,LTTER OF PERM,%NENTLY 1111PROVING NEW JERSEY STREET FROM THE NORTH RIGHT OF WAY LINE OF MISSOURI STREET TO THE SOUTH RIGHT OF WAY LINE OF KENTUCKY STREET, IN THE CITY OF BAYTOWN, TEX,6, ,iND RATIFYING :LND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IM- PROVEMENTS; MAKING APPROPRIriTION OF FUNDS FOR P:iYMENT OF THE SHORE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF B,tY- TOWN; ORDERING ,'i HE,tRING TO BE HELD itND GIVEN TO :kLL OWNING OR CLAIMING PROPERTIES �iBUTTING UPON SAID STREET TO BE IMPROVED AND AS TO OTHER REL,iTED MATTERS; SETTING AND FIXING THE TIME AND PL,kCE OF SUCH HEARING , ND DIRECTING THAT NOTICE THEREOF BE GIVEN; RES- CINDING :,NY OTHER ORDINANCES OR PROCEEDINGS OF S:tID CITY IN CON- FLICT HEREWITH, AND PROVIDING FOR THE EFFECTIVE DrtTE THEREOF. BE IT ORDitINED BY THE CITY COUNCIL. OF THE CITY OF BAYTOWN: 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 number 681, duly enacted on ,ipril 25, 1963, determined the necessity for and ordered the improvement of New Jersey Street, in the City of Bay- town, Texas, within the limits therein defined, in the manner and according to plans and specifications to be pre- pared by the City Engineer of said City. (b) That said City Council, on 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 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, and the real and true owners, within the limits herein referred to, 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 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 estimated -, 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 improvements is set out as follows, to --wit: amount per front foot to be assessed against property owners for curb and gutter: Total amount per front foot to be assessed against property owners: Total Cost of Improvements: Total Cost of Improvement to be borne by City of Baytown. $ 3.00 $ 3.00 $ 10.980.00 $ 3,854.00 Total Cost of Improvement to be borne by property owners: 7,026.00 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund, the sum of $3,654.00 to pay the City's por- tion 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 con- tract with Brown & Root, Inc. Section 4: :; 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, irregularity or deficiency in any proceeding or any contract with reference thereto, or concerning any matter or thing connected there- with, 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 6:30 o'clock P.M. on the 10th day of October, 1963, at which time and place all persons, firms, corporations or es- tates 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 de- sire 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: (a) By advertisement thereof inserted and published at least three times, to -wit: On at least three different days in a newspaper of general cir- culation in the City of B:3ytown, Texas, the first of such publications to be made at least ten (10) 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, addressed to the respective owners of the various and sun- dry parcels of property abutting upon the street to be improved, at their respective or 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 prac- ticable after the passage hereof, and shall, in such manner and form as she deems ap- propriate 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 said notices were 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 Clive 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 expressly res- cinded 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 12th day of September, 1963. C. L. Liggett, M.D., Mayor ATTCST: Edna Oliver, r-OAity Clerk APPROVED: G-e—orlk Chandler, City attorney