HomeMy WebLinkAboutORD 73-17LN/gh/2/28/73
®0 M`��
ORDINANCE NO.
. , •.. e.s _�. ice. �
ENTITLED AN ORDINANCE DETERMINING THE NECESSITY
FOR AND ORDERING THAT CORLEY AVENUE FROM 839'
FEET EAST OF 23RD STREET TO 785' FEET WEST OF
23RD -STREET (EXCLUSIVE OF THE 23RD STREET INTER-
SECTION) AND OF OCEAN STREET FROM CORLEY AVENUE
SOUTH 1445' FEET, PUBLIC STREETS IN THE CITY OF
BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND
APPROVING PLANS AND SPECIFICATIONS FOR SUCH IM-
PROVEMENTS; LISTING APPARENT PROPERTY OWNERS
ABUTTING ON SAID PORTION OF SAID STREETS; PRO-
VIDING 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 PROVIDE'S FOR PAYMENT
IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING
CERTIFICATES; PROVIDING FOR CITY FINANCING OF
PAVING CERTIFICATES ISSUED ON SAID PROJECT; PRO-
VIDING 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 APPROPRI-
ATION 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 Corley Avenue from 839' feet East of 23rd Street
to 785' feet West of 23rd Street (exclusive of the 23rd Street
intersection) and of Ocean Street from Corley Avenue South 145'
feet in the City of Beaumont, Texas, by the construction there-
upon of a street in conformance with street construction stand-
ards of the City of Beaumont, Texas, all as provided by the
plans, specifications and cost estimates hereinafter referred
to and approved.
1
&1-11166
C4 7
The City Council here and now approves and adopts the
plans, specifications and cost estimates for such improvements
heretofore prepared and sumbitted 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 im-
proved in Section 1 of this ordinance:
-2-
Front
Property Owner's Cost
I-Property.Owner
Lot IBlk. Feet
Total
$6.00/f t,
$10.00/f t.
CORLEY AVENUE
--Amount
WASHING
ON MANOR
North Side
Leroy Williams
1.& W
1/2 of 2 1 .102.75
$ 616.50
$ 1,027.50
Charles W. Rogers
E 1/2 of
2 & 3 1 102.75
616.50
1,027.50
Rogers Sorrell
4 1 68.5
411.00
685.00
lbert M. Robinson
5 & W
j
1/2 of''6 1 102.75.;
616.50
1,027.50
James Sawyer
E 1/2 of
i
6 & 7 1 102.75
616.50
1,027.50
W. N. McCarty
8 & 9 1 137.0
822.00
1,370.00
_
W. Preston Shaw
10 & 11 1 168.5
1,011.00
1,685.00
Libn.ell Randall., et ux
1 3 65.0
390.00
650.00
Cecelia Jones
2 3 65.0
390.00
650.00
David Doss
.3, 3 65.0
390.00
650.00
Aaron Ardoin, et ux
4 3 65.0
390.00
650.00
Cleveland Nisby
5 & 6• 3 130.0._
780.00
1,300.00
pp
t
H. B. McCarty
7 & 8 3 130.0
780.00
1,300.00
Earl J. Broussard
9 & 10 3 130.0
780.00
1,300.00
Eddie Senigaur,*
1 5 99.0
594.00
990.00
y
CARTWRAHT
& ROBERT3
A
f
Eddie Senigaur * ..
SW 30' X
140'of 3B 36 30.0
180.00
300.00
-2-
Property Owner
CORLEY AVENUE
South Side
Chester L. Ford, Jr.
Herbert Alfred
Maurice R. Jackson
ti
Richard I. Price
Edward Sigee
Lionel Donald
Melvin B. Dyes
Mrs. C. L. Bunckley
Milburn Comeaux
Perry Gene Green, et ux'.
Sherman Hudson
Golden J. Hardy, Jr.
Raymond Bryant
Austin Gothe, et'ux
Edward Senigaur
Francis Molett **
Patrick Payne, et ux ***
(Patrick Payne, et ux ***
L. I. DeCo,rdbva
OCEAN STREET
West Side
Francis Molett **
East Side
Patrick Payne, et ux ***
TOTALS
Front�$6000/f
perty Owner's Cost
Lot B1k.jFeet t, $10.00/ft. Total Amount.
ASHINGTON MANOR
E 1/2 of
9 & 10 d 4 145.0 870.00 1,450.00
. n
1 6 145.0 870.00 1,450.00
�3 418.0 20,508.00 Is 34,180.00
1912
1
2
68.5
$ 411.00
$ 685.00
2
2
68.5
411.00
685.00
3
2
68.5
411.00
685.00
4 & 5
2
137.0
822.00
1,370.00
6
2
68.5
411.00
685.00
7
2
.68.5
411.00
685.00
8 & 9
2
137.0
822.00
1,370.00
10
2
68.5
411.00
685.00
11
2
100.0
600.00
1,000.00
1 & W
1/2 of.2 :
4 -;
97.5
585'.'002"':
975.00
E 1/2 of
2 & 3
= 4
97.5
585.00
975.00
4 & W
.
1/2 of 5
4
97.5- R
.585.00
975.00'
E 1/'2
5 &.6`,
4
97.5 i
585.00
975.00
7
4
65.0
390.00
650.00
8 & W:- .'..:
1/2 of 9
4
97.5
585.00
975.00
E 1/2 of
9 & 10:
4
97.5
585.00
975.00
1
6
99.0
594.00
990.00
NW 15' X
140' of 3C
36
15.0
$ 9.0.00
$ 150.00'
15' X
140' of 3C
36
15.0
90.00
150.00
WASHINGT
N MANOR
E 1/2 of
9 & 10 d 4 145.0 870.00 1,450.00
. n
1 6 145.0 870.00 1,450.00
�3 418.0 20,508.00 Is 34,180.00
1912
•
} Total Property Owners' Cost $6.00 rite
'1
Total Property Owners' Cost $10.00 rate
Total Estimated City's Cost if proper y ownez
f
Total Estimated City's Cost if proper y own z
` Total Estimated CostI Improve ents
cr
s' ratis $6.00
s' rat is $10.00
5) t r
3-b-��,��.�
$ 20,508.00
34,180.00
60,492.00
46,820..00
;$ 81,000.00
Section 3.
A part of the cost of 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 -Pub lic-. -Works .-.Director-:...
-4-
(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
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:
(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 estimate 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 certificates payable
56'1
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-
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 anId 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 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 (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 (501) 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 27th
day of March, 1973.
-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 in no wise
affect the remaining portions of this ordinance, and to such
end the various protions and provisions of this ordinance are
declared to be severable.
PASSED by the City -Council this the day of
1973.
aor -
@ ,�� i T16 �.
me
THE STATE OF TEXAS X_
COUNTY OF'JEFFERSON X.
BEFORE ME, the undersigned authority, on this day personally
.appeared Ken Ritter, Mayor of the.City of Beaumont, Jefferson County,
Texas, known tome to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the 'same
for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, .this the
day of A. D:, 19
4
Notary 'P lic in and fob;=' ' =
County, Texas
:AN
/Prj P
LN/gh/3-1-73{
3- r - r73
n o f ��✓ r�/,�T T" ,�'s s� s S
Pfq R , o F O- 73- i7 tle�
THE STATE OF TEXAS �L90
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
That the duly elected and constituted City Council of
the City of Beaumont, Texas, adopted an ordinance on the
lday o f —(h C
�-
- 1973, declaring a necessity q � �, �,,
for and ordering the permanent improvement of those certain
streets or portions of streets in the City of Beaumont, Texas,
hereinafter listed, by excavating, grading and paving the
same, and by the installation -of drainage facilities therein,
and by the construction of curbs and gutters where adequate
curbs and gutters are not now in place, the portions of such
public streets to be so improved to be designated and defined
by street units as follows:
Corley Avenue from 839'feet East of 23rd
Street to 785' feet West of 23rd Street
(exclusive of the 23rd Street intersection)
and Ocean Street from Corley Avenue South
145' feet.
Said ordinance further provides that a portion of the
cost of said improvements is to be specially assessed as a
lien upon property abutting the streets improved and as
personal liability against the owners of such abutting pro-
perty. Wherefore, the City of Beaumont, Texas, acting by and
through its City Council has caused this notice to be signed
by the City Clerk in the name of the City of Beaumont and to
have the official seal of the City of Beaumont hereto affixed
this the %i. day of1973.
THE CITY OF BEAUMONT
yrtle Corge�y 1 4.
City Clerk
i
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this day
personally appeared Myrtle Corgey, City Clerk of the Ci-ty of
Beaumont, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me
that she executed the same as the act and deed of the City of
Beaumont, and for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �p
day of �'�fi� 1973.
'! pA JD4�' 4� � 5I•.
Notary Public
7
Jefferson County.,." ` -'—,' _,