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Ordinance No. 860ORDINANCE NO. F,60 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF NORTH MAIN STREET, FROM THE NORTH PROPERTY LINE OF MORRELL AVENUE NORTHERLY TO THE SOUTH PROPERTY LINE OF BAKER ROAD EXTENDED EASTERLY IN THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAY- MENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council of the City of Baytown hereby finds and deter- mines: (a) That by ordinance duly adopted and approved on the 12th day of January, 1967, the City of Baytown did determine the necessity for and order the permanent improvement of the following named streets in the City of Baytown within the Limits defined: NORTH MAIN STREET, from the North property line of Morrell Avenue Northerly to the South property line of Baker Road extended Easterly, in the City of Baytown, Texas. and did by said ordinance order and direct the City Engineer to forth- with prepare and file with the City Council complete plans and specifi- cations for such improvements, and that pursuant to such directions the City Engineer has filed with the City Council plans and specifica- tions for said improvements, which have been duly approved and adopted by the City Council; and (b) That pursuant to direction of said City Council, advertisements for bids for construction of said improvements, as required by law, was published, and had, and thereafter, at the appointed time and place in such advertisement stated, bids were received and opened in public meeting of said City Council, whereupon the bid of Gulf Bitulithic Company for the construction of said improvements was found and deter- mined to be the lowest and most advantageous bid for said work and improvements, and such bid of Gulf Bitulithic Company was accepted; and (c) That said Gulf Bitulithic Company has executed a performance bond, together with a proper surety, all pursuant to its bid proposal and in accordance with the specifications and notice for bids and other pro- ceedings of the City Council, all in the form and manner as approved by the City Attorney, and such contract and performance bond has been presented to and filed with the City Council and it was found that said contract and performance bond and the surety on said performance bond are all in due and proper form and acceptable to the City Council; and such action of said City Council, as so heretofore taken, is in all things hereby ratified and confirmed. Section 2: That there is hereby appropriated the sum of Two hundred seventy -six thousand two hundred forty --nine & 51/100 ($276,249.51) dollars to pay the City's portion of the cost of said improvements on said streets within the limits defined, or so much thereof as may be necessary to pay and discharge the obligations of the City of Baytown on said contract. Section 3: That the written statement of the Contract Engineer showing the estimated costs of improvements on said streets having been received and examined by the City Council, the same is hereby in all things approved and adopted. A true and correct copy of said written statement of estimates is as follows: Section 4: A hearing shall be held and notice given to the real and true owners and to all owning and claiming any interest in any property abutting upon said streets within the limits defined, 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 the 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 its Council Chambers at the City Hall in Baytown, Texas, at 6:30 o'clock p.m. on the llth day of May, 1967, 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 may offer evidence; and said hearing may be adjourned from day to day and from time to time, and kept open until all evidence and pro- tests have been duly offered and heard; and the City Clerk is hereby directed to give notice of said hearing by publication or notice in some newspaper of general circulation in the City of Baytown, said notice to be published at leastthree times in said newspaper before the date set for said hearing, the first of which publica- tions shall be at least ten days prior to the date of said hearing, and such notice by publication shall be valid and sufficient without any further form or character of notice, as provided by the provisions of Article 1105 -b of the Revised Civil Statutes of Texas and amendments thereto. 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, READ and PASSED by a majority of the City Council of the City of Baytown on this the 12th day of April, 1967. Seaborn Cravey, May ATTEST: Edna Oliver, City Clerk APPROVED: George handler, City Attorney