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HomeMy WebLinkAboutORD 73-47• LN/gh/6/21/73 -C ORDINANCE NO. .73-47. ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT KINGSLEY DRIVE FROM ,OHIO STREET EAST TO DEAD END, A PUBLIC STREET IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS;.,LISTING APPARENT PROPERTY OWNERS ABUTTING ON SAID PORTION 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 FINAN- CING OF PAVING CERTIFICATES ISSUED ON SAID PROJECT; PROVIDING FOR LEVING 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; DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THIS PROJECT; 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, TEXAS: Section 1. The City Council of the City of Beaumont, Texas, hereby determines the public necessity for and orders the permanent im- provements of Kingsley Drive from Ohio Street East to Dead End 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. The City Council here and now approves and adopts the plans, specifications and cost estimates for such improvements KINGSLEY DRIVE From OHIO STREET To DEAD END Pro ert Owner Lot Pavement Reinforced concrete with curb and gutter - 26 ft. wide NORTH SIDE SPIND ETOP PAIK ADDITION Property Owner' s Cost $6.00/$10.00 Per Front Foot -2- Front Property Owner's Cost Pro ert Owner Lot Blk. Feet Total Amount $6.00 ft. $10.00 ft. NORTH SIDE SPIND ETOP PAIK ADDITION Mrs. Glen Daniels 9 75 $ 450.00 $ 750.00 K. L. Kowis 8 75 450.00 750.00 John Clyde Vincent 7 75 450.00 750.00 Donald Whitney 6 75 450.00 750.00 Jack N. Renfrow 5 75 450.00 750.00 H. Y. Weir 4 75 450.00 750.00 James D. O'Neal 3 75 450.00 750.00 W. A. Domingue, Jr. 2 75 450.00 750.00 SOUTH SIDE - Viola Sparks 28 37.5 225.00 375.00 M. L. Plaia 29 75 450.00 750.00 W. B. Harris 30 75, 450.00 750.00 L. J. Rouen 31 75 450.00 750.00 A. A. Gentry 32 75 450.00 750.00 S. C. Rogers 33 75 450.00 750.00 James Leroy Evans 34 & 35 150 900.00 1 500:00 1162.5 $ 6,975.00 $ 11,625.00 -2- PRELIMINARY PAVING ASSESSMENT KINGSLEY DRIVE From OHIO STREET To DEAD END Pavement Reinforced concrete with curb and gutter - 26 ft. wide Property Owner's Cost $6.00/$10.00 Per Front Foot ProEerty Owner Lot Blk. Front Feet Property Owner's Cost Total Amount $6.00 ft. $10.00 ft. Total Property Owners' Cost $6.00 Rate $ 6,975.00 Total Property Owners' Cost E $10.00 to 11,625.00 Total Estimated City's Cost if . Propert Owne s Rate is $6.00 271025.00 't Total Estimated City's Cost if Propert.r Owne s Rate is $10.00 22,375.00 Total Estimated Cost of Improveme is $ 34,000.00 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 street to be improved may pre -pay for their paving without assessment by paying the sum of $6.00 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. Should said owners of abutting pro- perty fail to pay $6.00 per front foot within fifteen (15) days of the award of contract to.the successful bidder as above To- vided, said owners shall be assessed for and pay the sum of $10.00 for each front foot of property abutting upon said street provided, however, that in no event shall the cost of said. im- provements 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 birector. (B) The City of Beaumont shall pay all of the remainder of cost of said improvements. Section 4. On the .basis of experience and of 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 -4- (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 (6%) per cent 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 (50') feet of property frontage is permissable. 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. The City Clerk is further directed to advertise for bids for such work and improvement in.accordance with the plans and specifications hereinabove adopted and approved, such bids shall be received on the 17th day of .July, 1973. Section 8. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a par- ticular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no wise affect IWM 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 this the ,�— day of 1973. No