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Ordinance No. 706ORDINANCE NO. 706 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 EAST JAMES STREET FROM THE EAST PROPERTY LINE OF NORTH FIFTH STREET TO THE WEST PROPERTY LINE OF STATE HIGHWAY NO. 146 (ALEXANDER DRIVE), IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED TO, AND RATIFYING AND CONFIRMING SUCH ,ACTION; SETTING OUT .. COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING .APPROPRIATION OF FUNDS FOR P,;YMENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF BAYTOWN, TEXAS; ORDERING THAT A H&ifl- ING BE HELD iND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES .',BUTTING UPON Sf;ID STREET TO BE IMPROVED ,ND rtS TO OTHER RELATED MATTERS; SETTING tiND FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDIN,►NCES OR PROCEEDINGS 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 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 679, duly enacted on :ipril 25, 1963, determined the necessity for and ordered the improvement of East James Street, in the City of Bay- town, Texas, within the limits therein defined, in the man- ner and according to plans and specifications to be prepared by the City Engineer of said City. (b) That said City Council, on behalf of the City of Baytown, has heretofore awarded to Walter M. Mischer Company 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 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 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 pro- perty and such property on said street, and the estimated total cost of the improve- ments is set out as follows, to -wit: Amount per front foot to be assessed against property owners for paving: 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 Improvement: Total Cost of Improvement to be borne by property owners: Total cost to be borne by City of Baytown: $ 2.39 $ 2.50 $ 4.89 $ 29,280.00 $ 8.464.23 $ 20.815.77 Section 3: That there is hereby appropriated from the City of Baytown, Texas, Street Improvement Fund and General Fund the sum of $20,615.77, 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 contract with Walter M. Mischer Company. Section 4: .1 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 pro- perty 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 con- cerning any error, invalidity, irregularity or deficiency in any proceeding or any con- tract 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 6:30 o'clock P.M., on the 10th day of October, 1963, 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 nll owning any property lbutting 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 circulation in the City of Baytown, Texas, the first of such publica- tions to be made at least ten (10) days prior to the date of the hear- ing, 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 res- pective owners.of the various and sundry 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 practicable after the passage hereof, and shall, in such manner and form as she deems appropriate and suf- ficient, make and preserve a written record sufficient to evidence the Jact and date of the mailing of said notices to said respective property owners, the names and mailing addresses to which said notices were so mailed and what, if any, such notices are re- turned 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 6: That any ordinance or proceedings heretofore enacted by the City Coun- cil 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 Baytown. INTRODUCED, EMEND and PASSED by a majority of the City Council of the City of Bay- town, Texas, on this the 25th day of September, 1963. C. L. Ligget M.D. , Mayor - - - -- -- ri 1 1 ES T Edna Oliver, City Clerk „PPROVED: - George Chand r, City attorney