HomeMy WebLinkAboutORD 73-32LN/gh/4/13/73 0
ORDINANCE NO.
ENTITLED AN ORDINANCE DETERMINING THE NECESSITY
FOR AND ORDERING THAT CENTRAL DRIVE FROM GLADYS
AVENUE NORTH TO EAST DRIVE, 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 FI-
NANCING 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 APPRO-
PRIATION FOR THE CONSTRUCTION CONTRACT WAS MADE;
PROVIDING THE TIME, TERMS AND CONDITIONS OF PAY-
MENT 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
improvement of Central Drive from Gladys Avenue North to East
Drive in The City of Beaumont, Texas, by the construction there-
on 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
D - 73- ,3-9- �/- i7-73 ��
heretofore prepared and submitted to it:by"the Public Works
Department.
Section 2.
The following listed persons are the apparent property
owners abutting on the portion of said streets ordered improved
in Section 1-6f this ordinance:
Front
Property Owner's Cost
I
Pro]2erty Owner
Lot
Blk.
Feet
Total Amount -1
$6.00_/ft.
$10.00/ft.
West Side
Plat D-
25
Wayne W. Brown
T-5
D-25
200.0
$ 1 200.00
$ 2 000.00
Central Church of Christ
T-132
D-25
65.0
390.00
650.00
Herbert M. Cole
T-142
D-25
55.0
330.00
550.00
E. W. Estes
T-134
D-25
75.0
450.00
750.00
W. T. Stampfly
T-135
D-25
65.0
390.00
650.00
Homer Strait
T-144&136
D-25
119.2
715.20
1 192.00
Norwood P. Fox
T-150
D-25
100.0
600.00
1 000.00
Jack K. Johnson
T-133
D-25
100.0
600.00
1 000.00
CA
DER HIGHLANDS
S. J. Felton
25-26-27
8
170.8
1 024.80
1 708.00
J. D. McClintock, et ux
24-23 &
S1/2 of 2
8
125.0
750.00
1 250.00
C. G. Messina
21 & N
/2 of 22
8
75.0
450.00
750.00
James B. Broussard
19 & 20
8
100.0
600.00
1 000.00
Mrs. Vivian Debes
18 & E
133'of 17
8
90.1
540.60
901.00
EAST SIDE
W. M. Clapp Estate
1
17
50.0
300.00
500.00
L. M. Fulbright, Executor
-
W. A. McCasland
2 & 3
17
100.0
600.00.
1 000.00
Front
Property Owner's Cost
Pro2erty Owner
Lot
Blk.
Feet-
Total Amount
$6..00./ft.. $10.00/ft.
EAST SIDE (Cont.)
CALDER
HIGHLANDS
H. F. Schmidt
4
17
50.0
$ 300.00 $ 500.00
H. L. Taylor
5 & 6
17
100.0
600.00 1 000.00
E. A. Heathman
7 & S1/2
of 8
17
75.0
450.00 750.00
Lloyd B. & Kathryn Cherry
9 & N1/2
of 8
17
75.0
450.00 750.00
W. R. Newton
10 & S1/2
of 11
17
75.0
450.00 750.00
Mrs. B. F. Reynolds
12 & N1/2
of 11
17
75.0
450.00 750.00
Ralph M. Weihing
13
17
50.0
300.00 500.00
Ralph M. Weihing
1
18
50.0
300.00 500.00
Houston Thompson
2
18
50.0
300.00 500.00
B. J..Hodis
3 & S1/2
of 4
18
75.0
450.00 750.00
A. M. Duperior
5 & N1/2
of 4
18
75.0
450.00 750.00
Donald L. Buzzingham
6
18
50.0
300.00 500.00
Judith M. Lange
7 & S101
of 8
18
60.0
360.00 600.00
J. M. Taylor
N 40' of
8 & S 20'
of 9
18
60.0
360.00 600.00
Jon Curless'
10 & N30'
of 9
18
80.0
480.00 800.00
Harry D. Robinson
11 & S40'
of 12
18
90.0
540.00 $ 900.00
R. A. Birdsong
13 & N10'
of 12
18
91.5
549.00 915.00
2,671.6
16,029.60
$ 26,716.00
Total Property Owners' Cost
@ $6.00 r
to
$ 16,029.60
Total Property Owners' Cost
@ $10.00
rate
26,716.00
Total Estimated City's Cost
if proper
y own
rs' rate
is $6.00
50,970.40
Total Estimated City's Cost
'f proper
y own
rs' rate
is $10.00
40,284.00
Total Estimated Cost of
Improveme
is
$ 67,000.00
Section 3.
A part of the cost os such improvement 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 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 forty-five (45) days of the date of
this ordinance. Should said owners of abutting property fail
to pay $6.00 per front foot within forty-five (45) days. of the
date of this ordinance as above provided, 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 improvements to be paid by the
abutting property and the real and.true owners thereof exceed
the total cost of curbs and sidewalks and 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 remain-
der of cost of said improvements.
Section 4.
_On the basis of experience and of information pro-
vided 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
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60-ttd '],3 . ; M
,
��et" ,.
(i-., 9-1.
1 9
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 tb 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:
(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 progressed, 10%
of the amount due by the City on each such estim to being
retained by the City until completion and acceptance of the
work involved in the street on which the estimates are submitted.
(b) The portion of the cost of such improvement is to
be paid by the abutting property and the owners thereof, as
hereinabove specified, 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 certificatespayable
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 appropria-
-5-
tion 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 be assessed against such
property and the real and true owners thereof, and shall con-
stitute 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 the completion
of said improvements and the acceptance -thereof by the City of
Beaumont, and another equal installment payable annually
thereof over the next four (4) years with interest at six (6%)
per cent 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 providethat
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
M
x'30
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 8th
day of May, 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
the remaining portions of this ordinance, and to such end the
various portions and provisions of this ordinance are declared
to be severable.
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PASSED by the City Council this the 1'7 day of
Qd 1973.
Mayor -
I=