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HomeMy WebLinkAboutORD 39-VAN ORDINANCE ENTITLED AN -ORDINANCE DETERMINING THE NECESSITY FOR AND_ORDERING THAT CERTAIN STREETS NAMED HEREIN BELOW WITHIN THE LIMITS INDICATED, BE PERMANENTLY IMPROVED; APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR THE CONSTRUCTION OF SAID.IMPROVEMENTS; PROVIDING FOR THE MANNER IN WHICH.THE COST OF SAID IMPROVE- MENTS.SHALL BE PAID.;.AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS.FOR THE IMPROVEMENT.OF CERTAIN STREETS NAMED HEREIN BELOW WITHIN THE LIMITS INDI- CATED AND AS PER PLANS AND SPECIFICATIONS HERETO- FORE -PREPARED BY THE CITY.ENGINEER; DIRECTING THE CITY MANAGER TO CAUSE TO BE PREPARED. -AND TO FILE THE NOTICE OF. THE ENACTMENT OF THIS ORDINANCE .WITH THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That there exists a public necessity for, and it is hereby determined that it is necessary to permanently improve the follow- ing streets within The"City of Beaumont, Texas, in units as de- signated, to wit: Unit 1: LONG AVENUE, from the east property line of Tenth Street to the east property line of Eleventh Street. Unit t 2: ASHLEY AVENUE, from the east property line of -Tenth Street to the East property line of Eleventh Street. Unit • EARL STREET, from the west property line of Saint Helena Street to the east property line of Cleveland Avenue Section 2. That it is hereby ordered that the aforesaid streets within the limits above described shall be improved by filling, grading, raising, paving, repaving or repairing same as follows, to wit: The street paving for Units 1 and 2 shall be constructed or reconstructed of six inches (6") Reinforced Portland Cement Concrete pavement together with Integral Curb and Gutter; The street paving for Unit 3 shall be con- structed or reconstructed of five inches (5") Reinforced Portland Cement Concrete pavement together with Integral Curb and Gutter; and by the construction of such storm sewers and drainage facili- ties and other necessary incidentals and appurtenances, all as deemed adequate by the City Engineer and as provided for in the Plans and Specifications for such improvements heretofore prepared by the City Engineer and hereinafter approved and adopted. Section 3. In providing for and making such improvements it is hereby determined to proceed under and in the exercise of the powers, terms and provisions of the Acts of the First Called Session of the 40th Legi-slature of the State of Texas, 1927, Chapter 106, said Act being commonly known as Article 1105b of the -Revised Civil Statutes of the State of Texas, 1925, as amended, which Act is adopted by Article XIV, Section 2, of the Charter of The City of Beaumont. Section 4. That,.whereas, the City Engineer has heretofore prepared and filed with the City.Council of The City of Beaumont complete Plans and Specifications for such proposed improvements, which Flans and Specifications are on file in the office of the City Engineer of said City, said Plans and Specifications are hereby approved and adopted for use in the construction of said improve- ments on the streets hereinabove described. Section 5. The costs of said improvements shall be apportioned and paid for as follows, to wit: (a) The City of Beaumont shall pay to the Con- tractor forty per. cent (40%) of the total cost of all street and storm.. sewer improvements in- cluding the eight and one half per cent ($1%) Engineering fee. From this forty per cent (40%) shall be deducted the total En ineering fee of eight and one half per cent (8 %). The balance shall be paid to the Contractor in cash. (b) The property abutting upon said streets to be. improved hereunder and the real and true owners thereof, shall pay to the Contractor sixty per cent (60%) of the total cost of all street and storm sewer improvements, including the eight and one half per cent Engineering fee. Eight and one half per cent (8j%) of the total cost of said improvements shall be added to and included -in the cost of said im- provements -to cover the cost of engineering, advertising, and con- tingencies, which amount shall be included in the cost of said im- provements to be apportioned between the property owners and said City as hereinabove provided. The total amount of such engineering and incidental expenses will be.deducted from the City's portion of the cost to be paid to the Contractor. 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 constitute a first and prior lien upon such abutting property, and a personal liability of the real and true owners thereof, and shall be payable as follows, to wit: The amount of said assessments shall be payable in five ( 5 ) equal annual installments, the first of which .to be due and payable thirty (301 days - 2 - 3 9" V after the date said improvements are completed and accepted by the City Council of The City of Beaumont, and the remaining four 4). install- ments to be due and ayyable-respectively in one (1), Two (2), three M. and four (4) years from and after the date of such acceptance, to- gether with interest thereon from date of accep- tance, at the rate of six per cent (6%) per an- num, payable annually; provided however, that the owners of said property shall have the privi- lege of paying any one of, or all of, such in- stallments at any time before maturity thereof, by paying the total amount of principal due,.to- gether with interest accrued to the date of pay- ment; further, that if default is made in the payment of any of said installments of principal or interest promptly as.same-matures, then, at the option of the Contractor, or his assigns, the entire amount of the assessment upon which such default is wade shall be and become immediately due and payable, together with reasonable attorneyts fees and collection costs, if incurred; however, it is specifically stipulated and provided that no assessment shall.in any case be made against any property, or the real and true owners thereof, in excess of the special benefits to accrue to such property in the enhanced value thereof, re- sulting from said improvements. Section 6. In the levying and making of said assessments, if the name of any owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate.or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of any owner, but the real and true owner of the property mentioned shall be liable and the assessment against the property shall be valid, whether or not such owner be correctly named. It is further provided, as is stipulated by thepprovision of said charter and laws hereinabove identified that said'improve- ments may be omitted in front of any property, exempt from the lien of special assessment and street improvement, without invalidating or affecting the assessments against the remaining property abutting upon said street.. Section 7. That the City Clerk of The City of Beaumont is hereby author- ized to.advertise for,and receive competitive bids on the construction of the aforesaid improvements for the length of time and in the man- ner and form as required by the Charter of The City of Beaumont and the laws of the State of Texas, especially Article VII,_Section 8, of the Charter of The City of Beaumont and Article 2368a of the re- vised Civil Statutes of the State of Texas, 1925, as amended. Section 8. That the City Manager is hereby authorized and directed to prepare, or cause to be prepared, a Notice in the name of saidCity, of the action taken herein and U exedute said Notice on behalf of said City, and the City Clerk is hereby authorized and directed to - 3 - , I . attest said Notice with .the sear of said City,: and to file same with the County Clerk of Jefferson County, Texas, among the Mort- gage Records of said County. PASSED,by the City Council this 23rd day of May,-A._D. 1954• - Mayor - - 4 - n r THE STATE OF TEXAS : KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON : THAT The City of Beaumont, Texas, acting,by and through its duly elected and constituted City Council, has by ordinance duly enacted on the 23rd day of May, A.D. 1950, determined the necessity for, and ordered, the permanent improvement of the hereinafter named streets or portions thereof within the limits hereinbelow de- f ined, within The City of Beaumont, Texas, in the manner, and with the materials as are provided for in the Plans and Specifications for said improvements prepared, or to be prepared, by the City En- gineer and as approved and adopted by said City Council, said streets to be improved being described as follows, to wit: LONG AVENUE, from the east property line of Tenth Street to ' the east property line of Eleventh Street; ASHLEY AVENUE, from the east property line of Tenth Street to the east property line of Eleventh Street; EARL STREET, from the west property line of Saint .Helena Street to the east property line of Cleveland Avenue.. That the city ordinance above identified expressly provides that a portion of the cost of said improvements shall be paid by.9 and specially assessed against, the property abutting upon said streets within the limits above defined, and the real and true own- ers thereof, and that such portion of said cost so assessed shall be secured by a First and Superior Special Assessment Lien against said abutting properties and a personal claim of liability against the respective real and true owners thereof. IN TESTIMONY WHEREOF, The City of Beaumont, Texas, has caused this Notice to be executed on its behalf by its City Manager -,e,.,sted by its City Clerk pursuant to the terms of said ordi- �o*- .this the 23rd day of May A. D. 1950. THE CIT OF BEAUMONT, TEXAS By: Ci y Manager �,9 City C er THE STATE OF TEXAS : COUNTY OF JEFFERSON BEFORE Mg, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared Willie J. Brockman, known to me to be the person whose name is subscribed to the foregoing instrument as City Manager of the City of Beaumont, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. ' .r GIVEN UNDER MY HAND and seal of office this 23rd day of 1950. F. 4.'i..... •'•,.•�,. �••'1N'N d� "' tary Public in an for Jefferson U County, Texas.