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HomeMy WebLinkAboutORD 77-18ORDINANCE NO.7 ENTITLED AN ORDINANCE ESTABLISHING A, PROGRAM AND POLICY OF RESIDENTIAL STREET PAVING AS- SESSMENT BY THE CITY OF BEAUMONT, TEXAS; PRO- VIDING FOR AVAILABILITY OF ASSESSMENT PAVING; PROVIDING FOR APPLICATION BY THREE-FOURTHS OF THE PROPERTY OMERS AND TWO-THIRDS OF TOTAL PROPERTY FROTTAGE OR THREE-FOURTHS OF TOTAL PROPERTY FRONTAGE AND TWO-THIRDS OF PROPERTY OMERS; PROVIDING FOR ASSESSMENT RATES; PRO- VIDING FOR CITY PAYMENT FOR ALL COSTS OF STORM SEWERS AND APPURTENANCES; PROVIDING FOR FINAN- CING OF STREET ASSESSMENT CERTIFICATES BY THE CI'T'Y AND MONTHLY PAYMENTS; PROVIDING A POLICY WITH REFERENCE TO THE PAVING OF EXISTING CON- CRETE SLAB STREETS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL OF ALL ORDINANCES AND PARTS OF ORDI- NANCES IN CONFLICT HEREWITY. WHEREAS, the City Council of the City of Beaumont desires to promulgate a residential street paving assessment program and policy in order to implement a workable paving assessment program under which citizens may obtain assistance from the City in the paving of residential- streets; esidential streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: RPM -inn 1_ That the following general program and policy of residential street paving assessment is hereby adopted by the City Council: (A) The assessment paving program hereby enacted will be avail- able to improve only those streets in which the land use of the abutting property is residential in character. By "residential in.character" is meant that lots abutting the street should be primarily owned by persons who reside there or intend to build their residential dwelling there. This program is not designed to aid subdividers or real estate developers in the construction of subdivisions. All applications for a paving assessment project must meet the requirements of this ordinance. The City Council may reject any application for street assessment paving participation by the City of Beaumont. 7"7 -aa --77 �j'/ &A? (B) Street improvements under the street assessment policy may be ordered`if one or more of the following requirements are met: 1.. An application for .assessment paving must be executed by either the owners of three-fourths (3/4) -or more of the total lots abutting the proposed project and the owners of two-thirds.(2/3) or more of the total property frontage or the owners of three-fourths (3/4) .or more of the total property frontage and the owners of two-thirds (2/3) or more of the total lots abutting the proposed project. 2. A public need exists for such improvement. 3. Improvements are needed to eliminate excessive main- tenance costs. (C) Assessment rates are hereby set for 26' wide paving as follows: 1.. Ten ($10.00) per front foot if prepayment of the .total. cost in one lump shin is made and.assessment proceedings.are not necessary. 2. Twelve ($12.00) per front foot for those property owners who do not prepay the total cost of their assessment. (D) The City of Beaumont will pay all costs of storm sewers and appurtenances. (E) Unpaid assessments will accrue interest at eight (8%) percent per annum.. Unpaid assessments may be paid annually or monthly with the minimum, monthly payment equal to no less than.ten($10.00) dollars for each 50' of property frontage. (F) At least seventy-five (75%) percent of the property owners owning property abutting the proposed assessment paving project shall be required to.prepay their total assessment cost before the City will authorize advertisement for bids for an assessment paving project. The residential street paving assessment policy shall.also include the widening of existing concrete slab streets in existing residential neighborhoods to twenty-six ('26') feet. (A) Street improvements under this section will be ordered for those streets which meet the requirements set forth in Section 1, Paragraphs A and B of this` ordinance. -2- (B) Assessment rates for widening existing concrete -slab streets to twenty-six (26') feet wide curbed streets with underground drainage shall be as follows: 1. A front foot assessment rate for each project for widening existing concrete slab streets shall be established by dividing thirty (30%) percent of the estimated total cost of the construction im- provements by the total number of legally assessable feet of frontage abutting the project. This front foot rate shall not exceed the front foot rate established in Section 1, Paragraph C(1) of this ordinance. 2. Unpaid assessments for the widening of existing concrete slab streets will be payable as provided in Section 1, Paragraph E of this ordinance. Section 3. This ordinance will be effective from and after February 22, 1977. Section 4. 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 provisions of this ordinance are declared to be severable. .qar-H nn ri All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict if any. , PASSED BY THE CITY COUNCIL of the City of Beaumont this the ou:=. day of 1977. - Mayor - -3-