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Ordinance No. 871id ORDINANCE NO. ItM. AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ADOPTING ESTIMATES OF THE COSTS AND OF CERTAIN PORTIONS OF THE COSTS OF THE PERMANENT IMPROVEMENT OF NORTH MAIN STREET, WITHIN THE LIMITS HEREINBELOW DE- FINED, IN THE CITY OF BAYTOWNI TEXAS, AS HERETOFORE ORDERED BY A CERTAIN ORDINANCE ENACTED BY THE CITY COUNCIL OF SAID CITY; DECLARING THE CITY COUNCILtS INTENTION OF ASSESSING PART OF THE COST OF SUCH IM- PROVEMENT AT CERTAIN RATES PER FRONT FOOT AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF- ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNERS OR CLAIMING TO OWN ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN AS TO SUCH PROPOSED ASSESSMENTS AND AS TO OTHER MATTERS RELATED TO SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH 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, Texas, hereby finds and determines: (a) That by Ordinance No. 850, duly enacted on the 12th day of January, 1967, said City Council did determine the necess- ity for and ordered the permanent improvement of the following named street in the City of Baytown within the following limits to -wit: NORTH MAIN STREET, from the North property line of Morrell Avenue Northerly to the South property line of Baker Road extended Easterly. (b) That said City Council, after having duly advertised for bids in the manner and for the time as required by law and the Charter of said City, did award a contract for the con- struction of said improvement to Gulf Bitulithic Company, a Division of Warren Brothers Company, it having been found to be the lowest responsible bidder for such improvement, and said contract has heretofore been duly executed and completed by said City and said Gulf Bitulithic Company, a Division of Warren Brothers Company, the execution of which contract was duly authorized by Ordinance No. 859 enacted by said City Council on March 31, 1967, and the Performance and Payment Bonds required by law and said contract have been properly furnished by said Gulf Bitulithic Company, and approved and accepted by said City Council, and an appropriation of avail- able funds has been duly made by Ordinance of said City Council to cover the City's portion of the cost of said improvement, all in full compliance with the requirements of the law and the Charter of said City. (c) That the City's Engineer, thereafter, did prepare and file with the City Council a statement of estimates of the costs of said improvement as required by law and the City 1 Council did, by Ordinance No. 860 enacted on April 12, 1967, approve said estimates and ordered and set a hearing to be held by said City Council in its Council Chambers at the City Hall in said City at 6:30 o1clock P.M. on the 11th day of May, 1967, for all owning or claiming any interest in any of the property abutting upon said street within the limits above defined and all others owning or interested in said pro- perty for the assessment proposed to be levied in connection therewith; and that before said hearing was held and given, the City Council did, by Ordinance No. 866, enacted on May 11, 1967, repeal, annul and set aside said Ordinance No. 860, and did thereby cancel and annul said hearing theretofore set for that date and did declare its intention to order and hold another hearing in lieu thereof. (d) That pursuant to instructions of said City Council, the Cityts Engineer has prepared and filed with said City Council a new statement of the estimates of the costs of such improve- ment of said street, within the limits above defined, and of estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street to be improved and the ownersthereof and of other costs and matters relating thereto, and same has been received, examined and approved by the City Council,such statement of estimates being as follows, to -wit: (here insert signed statement of estimates of the Engineer) Honorable Mayor and City Council The City of Baytown Post Office Box 6097 Baytown, Texas Gentlemen: The estimates of the cost for the improvement of North Plain Street between the north property line of Morrell Avenue and the south property line of Bake), Road extended easterly are as follows. 1. The estimated amount per front foot proposed to be assessed against the abutting property and the owners thereof for curbs is $ .75 2. The estimated amount of front foot proposed to be assessed against the abutting property and the owners thereof, exclusive of the cost of said curbs, is 7.59 3. The total estimated amount per front foot proposed to be assessed against the abutting property and the owners thereof is 8.34 4. The estimated total cost to the City of Baytown for said improvements is 276,250.35 5. The estimated total cost to be assessed against the abutting property and the owners thereof is 120,564.65 6. The estimated total cost of all of said improvements is 396,815.00 Very truly yours, e J. Busch, Jr. AJB :mpuj N•AE W Wa Section 2: The City Council hereby approves and adopts said statement of the estimates of the several items of costs herein- above set out in said Engineer's statement, and does hereby estimate in such costs, rates and such portions of said costs /the respective amounts as hereinabove set out in the preceding sub - section (d) hereof; and does further hereby declare its intention, subject to the hearing hereinafter ordered, to make and levy assessments of a part of the cost of said improvement against the abutting property and the real and true owners thereof at the rates per front foot hereinabove set out by virtue of, and in accordance with, the powers given by, and subject to, all of the provisions of the Acts of the 40th Legislature of the State of Texas, 1927, First Called Session, relating to street improvements and assessments therefor, and being Chapter 106 of the General and Special Laws of said Session, as anended, said Act being commonly known as Article 1105 -b, Revised Civil Statutes of Texas, 1925, and as adopted by and as Article I, Section 7 of the Charter of the City of Baytown, Texas. To evidence the amounts so assessed, assignable certificates shall be issued, which shall be payable in installments and shall bear interest all as set out and provided for in the Ordinance above referred to ordering such improvement and the provisions of said Article 1105 -b, Revised Civil Statutes of Texas. Section 3: The City Council hereby orders that a new hearing be had and such hearing shall be had and held by and before the City Council of the City of Baytown at 6:30 o'clock P.M. on the 13th day of July, 1967, in its Council Chambers at the City Hall of and in said City, at which time and place all owning any property abutting upon said street within the limits above defined, or any interest therein, shall have the right at such hearing to be heard on any matter as to which hearing is a constitutional prerequisite to the validity of any assessment authorized by said Act, and herein pro- posed to be levied, and to contest the amounts of the proposed - 3 - assessments, the lien and liability thereof, the special benefits to the abutting property and the owners thereof by means of the improvement forwhich assessments are to be levied, and accuracy, sufficiency, regularity, and validity of the proceedings and con- tract in connection with such improvement and proposed assessments; and said hexing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been duly offered and heard. Section 4: Following such hearing as above provided for, assessments will be levied against said abutting property and the real and true owners thereof for that portion of the cost of said improvement determined to be payable by said abutting property and the real and true owners thereof, in the respective amounts as shall be determined at said hearing, and such assessments when levied shall be a first and prior lien against such abutting property from the date said improvement was ordered, and shall be apersonal lia- bility and charge against the true owners of such property at said date, whether named or not. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to state the fact, and if any said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless the real and true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be correctly named, or said property correctly described therein. 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 and to all interested in any such property, and shall be given by advertisementthereof inserted - 4 - la go at least three times before the date of said hearing in some newspaper published in the City of Baytown, Texas, the first publi- cation to be made at least twenty -one (21) days before the date of the hearing. Further said City Clerk is directed to give additional written notice of said hearing by depositing in the United States mail, at least fourteen (14) days before the date of said hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting upon said street, within the limits above defined, as the names of such owners are shown on the present current rendered tax rolls of the City of Baytown, T ems, and at the addresses so shown thereon, or if the raves of such respective owners do not appear on such rendered tax roll, then addressed to such owners as their names are shown on the current unrendered tax rolls of said City and the addresses shown thereon. The written notice to be so mailed may consist of a copy of the published notice of said hearing. In those cases in which an owner of property abutting upon said street to be so improved, is listed as "unknown" on the present currentCity tax rolls, or the name of an owner is shown on such current City tax rolls but no address for such owner is shown thereon, no notice need be mailed. In those cases where any such owner is shown to be an estate, said mailed entice may be addressed to such estate. Further the City Clerk shall make and preserve an appropriate record of the mailing of said notices, the date of such mailing and the names and mailing addresses to which such notices so mailed were addressed. Section 6: In such notice, the City Clerk shall describe in general terms the nature of such improvement for which assessments are proposed to be levied, shall state the street and the portion thereof'to be improved, shall state the estimated amounts per front foot proposed to be assessed against the owners of abutting property on such portion of such street and to be assessed against such pro- perty, shall state the estimated total cost of such improvement of - 5 - such pation of such street, and shall state the time and place at which such hearing shall be held. There may also be included in such notice such further data and information regarding such proposed assessment as the City Clerk deems proper and such general statement as the City Clerk deems sufficient to acquaint those to whom it is directed with the fact that they Yore a right to be heard and to inform them of the matters upon which they are entitled to be heard. Section 7: 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, READ and PASSED by a majority of the City Council of the City of Baytown on this the 25th day of May, 1967. Seaborn ravey, Mayo ATTEST: Edna Oliver, City Clerk George Ch ndler, City Attorney