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HomeMy WebLinkAboutORD 80-64 ORDINANCE N0. O U- ENTITLED AN ORDINANCE DETERMINING THE NECESSITY OF AND ORDERING THAT ELINOR STREET FROM ELEVENTH STREET TO IOLA STREET PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; LISTING APPARENT PRO- PERTY OWNERS ABUTTING ON SAID PROPERTY OF SAID STREETS; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THEREOF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DETERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PROVIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OF PAVING CERTIFICATES ISSUED ON SAID PROJECT; PROVIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RECEIVED BY THE CITY UNDER THIS PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPROPRIATION FOR THE CONSTRUCTION CONTRACT WAS MADE; PROVIDING THE TIME, TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO FILE "NOTICE OF INTENT TO ASSESS" WITH THE COUNTY CLERK INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City Council of the City of Beaumont, Texas, hereby determines the public necessity for and orders the permanent improvement of Elinor Street from Eleventh Street to Iola Street in the City of Beaumont, Texas, by the construction thereon of a street in conformance with street construction standards of the City of Beaumont, Texas, all as provided by the plans, specifications and cost estimates hereinafter referred to and approved. Section 2. The following listed persons are the apparent owners abutting on the portion of said street ordered improved in Section 1 of this ordinance: a ASSESSMENT PAVING ROLL PETITION NO. ❑ PRELIMINARY JOB. NO. 14 © FINIAL SHEET NO. 1 OF 3 STREET/S Elinor Street from Eleventh Street +to Iola Street Lucky Five Addition PAVEMENT 26 ft wide concrete pavement _ PROPERTY OWNER°S COST 5 0. 00/S 12 - 00 PER FPOIN FOOT PROPERTY OWNER AND MAILING FRONT PPOPERTY 01•iNER`S COST PROPERTY ADDRESS LOT BLK. FOOT 1 . 00 - -.t LOCATION ; Bernard, Wendllyn . 5 & 6 7 100 $1200. 00 Elinor 3345 Elinor tBeaumont, Texas 77705 Icasmore, John 4 2 50 500. 00 Elinor 3340 Elinor Beaumont, Texas ' 77705 ! Collier, Gloria 3 2 50 600 . 00 Elinor 1325q Elinor ' Beaumont, Texas 77705 ( Jacobs, Melvin 3 6 '50 600: 00 Elinor ' 3421 Elinor ' Beaumont, Texas 77705 ! Johnson, Howard 2 7 50 600 . 00 Elinor 13855 Scranton Beaumont, Texas Jones, Robert E. 8 & 9 3 100 1200. 00 Elinor 3422 Elinor keaumont, Texas 77705 t - ' Lemons, Alsaiah 18, 19 & 6 172.. 9 2074 . 80 Elinor 2220 Rampart 20 Beaumont, Texas 77705 Melgrough, Clifton 4 1 66 792 . 00 Elinor 3330 "Elirrar Beaumont, Texas 77705 r Owens, David 7 1 50 600. 00 Elinor 3280 Elinor Beaumont, Texas 77705 Price, A. J. 9 & 10 7 100 1200 . 00 Elinor 2505 Goliad Beaumont, Texas DENOTES CORNER LOT, DISC=IT RATE INCLUDED IN ASSESWNT RATE FOR SIDF LOTS. I - 2 - ASSESSMENT PAVING ROLL PETITION NO. ❑ PRELIMINARY JOB. N0. 14 FINAL SHEET NO. 2 OF .3 STREET/S Elinor Street from Eleventh Street to Iola Street Lucky Five Addition PAVEMENT 26 ft wide concrete vavement PROPERTY OV1\IER I S COST - S 10 O 0 L812—Q 0 PER FRONT FOOT PROPERTY OWNER AND MAILING FRONT PROPERTY OvNER'S COST PROPERTY ADDRESS LOT BLK. FOOT Ho. od - LOCATION i; i; Serafino, Charles V. 11,12 & 4 150 . 3 $1803 . 00 Elinor '' 14738 Cindywood E 21-ft. s Houston, Texas 10 D' Smith, .lames 5 1 52 . 5 630. 00 Elinor ' 3260 Elinor ' Beaumont, Texas 77705 ! Taylor, Van 8 1 50 600 . 00 Elinor 2134 Sarah Beaumont, Texas �Vallier, Joe 6 1 50 600. 00 Elinor ,; 3270 Elinor ilBeaumont, Texas 77705 lWilliams, Clyde 1 7 50 600. 00 Elinor - I-' 1576 Doucette 13eaumont, Texas 77701 -t 3$ I i Dct,10TES CORNER. LOT, DISCOUNT iT RATE INCLUDED IN ASSESSMENT RATE FOP. SIDE LOTS. 3 - ASSESSMENT PAVING ROLL SUMMARY SHEET PETITION NO. PRELIMINARY JOB NO. 14 FINAL SHEET NO. 3 OF 3 STREET/S Elinor Street from Eleventh St_ -eet to Iola Street Lucky Five Addition PAVEMENT 7Ei ft . wide- concrete g avPmPnt PROPERTY Ot-1NER'S COST $10 .00/$12 . 00 PER FRONT FOOT PRELIMII,NARY , TOTAL ESTIMATED COST OF CONSTRUCTION $ TOTAL PROPERTY OWNER S COST @ $10. 00 Rate $ i TOTAL PROPERTY OWNER'S COST @ $12 . 00 RATE $ TOTAL ESTIMATED CITY'S COST IF PROPERTY OWNER' 'S RATE @ $10. 00 $ TOTAL ESTIMATED CITY'S COST IF PROPERTY OWNER'' S RATE @ $12 .00 $ s t FIN.=AL i i I TOTAL 0,%NER'S COST $ 41, 602 . 50 PREPAID BY PROPERTY OWNER'S @ $10- 00 F,ATE $ 27, 902 . 70 � LESS PR� $ TOTAL AS>-S SMENT $ 13, 6 9 9 . 8 0 i i TOTAL ESTIMATED CITY'S COST $ 158, 397. 50 TOTAL ESTIMATED COST OF IMPROVEMENTS $ 200 , 000. 00 4 - Section 3 . A part of the cost of such improvements shall be paid by the City of Beaumont and a part thereof shall be paid by assessment against the property abutting upon the portion of said street hereby ordered to be improved, and the owners of such property as follows, to wit: (A) The real and true owners of property abutting upon said streets to be improved may prepay for their paving without assessment by paying the sum of $ 10.00 for each front foot of property abutting upon said street so long as said payment is made within fifteen ( 15) days of the date of the award of contract to the successful bidder as above provided, said owners shall be assessed for and pay the sum of $12.00 for each front foot of property abutting upon said street provided; however, that in no event shall the cost of said improvements to be paid by the abutting property and the real and true owners thereof exceed the total cost of curbs and sidewalks and nine-tenths (9/10) of the estimated cost of such improvements exclusive of curbs and sidewalks as so estimated by the City' s Public Works Director. (B) The City of Beaumont shall pay all of the remainder of cost of said improvements. Section 4 . On the basis of experience and information provided by qualified City employees, the City Council hereby finds and determines that in all reasonable probability lower bids for the construction of said improvements will be received if the contract for such work provides for the payment of the contract price all in cash, rather than requiring the contractor to accept paving certificates for part of the amount payable to him. Accordingly , with the view of lowering the cost of said improvements both to the property owners and to the City, it is hereby provided that the City will finance the certificates issued for the construction of the aforesaid improvements, to be accomplished as follows: - 5 - (a) The City will contract for the construction of such improvements in the name of the City and will pay for its portion of the work , out of available funds appropriated for the purpose, the entire amount becoming due under the terms of said contract on monthly estimates as the work progresses, ten percent ( 10%) of the amount due by the City on each such estimate being retained by the City until completion and acceptance of the work involved in the street on which the estimates are submitted. (b) A portion of the cost of such improvement is to be paid by the abutting property owners, as hereinabove specified, and will be paid to the City as special taxes or assessments to be levied directly for the benefit of the City and to be evidenced by assignable certificates payable to the order of the City of Beaumont, the time, terms and conditions of payment and defaults of such assessments to be as elsewhere herein provided. It is hereby further provided that all amounts received by the City of Beaumont on account of such assessments and certificates, including interest, if any , must be paid into the fund from which the appropriation for such contract is made. If there be more than one fund from which the appropriation for such contract is made, then amounts so received shall be paid into each of said funds in the proportion that the amount appropriated from said fund bears to the total amount appropriated for said contract. Section 5 . The amounts payable by the abutting property and the real and true owners thereof shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and true owner thereof, and shall be payable as follows, to wit: (a) That said amounts payable by the property owners may be paid in five (5 ) equal installments, one installment to be due and payable within thirty (30) days after completion of said improvements and the acceptance thereof by the City of Beaumont, and another - 6 - equal installment payable annually thereof over the next four (4 ) years with interest at eight percent (8%) per annum , from and after the date of acceptance. Said property owners shall have the privilege of paying any one or more of said installments before they mature by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessment shall provide that in the event of default in paying any installment thereupon when due, whether of principal or interest, the whole of such certificate may be matured and declared due at the option of the holder thereof. (b) The said amounts payable by the property owners may be paid one-fifth ( 1 /5) of the total amount in cash within thirty (30) days of the acceptance of the improvements by the City Council and the balance, with interest at six percent (6%) per annum from and after the date of acceptance in monthly installments, not to exceed forty-eight (48) . A minimum monthly payment of Ten and No/100 ($ 10.00) Dollars, including interest for each fifty feet (50' ) of property frontage is permissible. Section 6 . This ordinance and all proceedings hereunder are done pursuant to the power given by Article 1105b Revised Civil Statutes of Texas, 1925, and having been adopted by the City of Beaumont at Article XIV, Section 2 of the Charter of the City of Beaumont, Texas. Section 7 . The City Clerk is hereby directed to file a "Notice of Intent to Assess" with the County Clerk of Jefferson County, Texas, pursuant to the provisions of Article 1220-a of the Revised Civil Statutes of Texas. 7 - Section 8 . That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1980. Mayor - - 8 -