HomeMy WebLinkAboutORD 44-TC. E. BECKLEY
540 NE�C7HES ST. AN ORDINANCE
LOCAL FREIGHT AGENT 9 /
MISSOURI PACIFIC LINES BEAUMONT. TEXAS
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 TIE
PLANS AND SPECIFICATIONS PREPARED BY THE CITY
ENGINEER FOR THE CONSTRUCTION OF SAID IMPROVE-
MENTS; PROVIDING FOR THE MANNER IN WHICH THE
COST OF SAID IMPROVEMENTS SHALL BE PAID; AUTHO-
RIZING THE CITY CLERK TO ADVERTISE FOR BIDS
FOR THE IMPROVEMENT OF CERTAIN STREETS NAMED
HEREIN BELOW WITHIN THE LIMITS INDICATED AND
AS PER PLANS AND SPECIFICATIONS HERETOFORE PRE-
PARED 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:
SECTION 1:
That there exists a public necessity for, and
it is hereby determined that it is necessary to permanently
improve the following streets within the City of Beaumont,
Texas, in units as designated, to -wit: -
Unit 1: South Street,from the West property line
of Mariposa Street Westward to 4.5 feet
East of center line of Southern Pacific
main line track near First Street.
Unit 2: South Street, from 4.5 -feet West of center
line of Southern Pacific main line track
near First Street Westward to the East
property line of Fourth Street.
Unit : First Street, from the North property line
of South Street northward to the South
edge of pavement on Laurel Avenue.
Unit Angelina Street, from the East property line
of Fourth Street Eastward to the' East pro-
perty line of Third Street.
Unit : Guffey Street, from the North property line
of Angelina Street Northward to the South
property line of Pecos Street.
Unit 6: Minor Street, from the South property line
of South Street Southward to the North
property line of Pecos Street.
(1)
Unit : Eighth Street, from the North property
line of South Street Northward to the
South property line of Laurel Avenue.
Unit 8: Twenty-third Street, from the South
property line of North Street Southward
to the North edge of pavement on Calder
Avenue.
Unit North Street, from the West property
line of Twenty-third Street Westward to
include the intersection of Central
Drive and North Street.
Unit 10: Harrison Street, from the West property
line of Pine Street Westward to the East
ro ert
P P Y line ofGrand Avenue.
Unit 11: Fourth Street, from the North line of
College Street Northward to the North
right-of-way line of the Southern Pacific
main line track South of Angelina Street.
1_� SECTION 2:
That it is hereby ordered that the aforesaid streets
within the limits above described shall be Ymproved by fill-
ing, grading, raising, paving, repaving or repairing same.
as follows, to -wit: -
The street paving for Units 1, 2, 3, 4, 9,
10 and 11 shall be constructed or re -constructed
of six inches (611) Reinforced Portland Cement
Concrete pavement together with Integral Curb
and Gutter, or in the alternate the street
paving for the said units shall be constructed
or reconstructed of ' a:-. three -course Hot Mix
Asphaltic Concrete Pavement seven inches (711)
total thickness with.Inverted Concrete Curb
Type 1;
The street paving for Units 5, 6, 7, and 8
shall be constructed or reconstructed of a
three -course Hot Mix Asphaltic Concrete five
inches (5") total thickness with Inverted
Concrete Curb Type 1;
and by the construction of such storm sewers and drainage facil-
ities 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 pre-
pared by the City Engineer and hereinafter approved and adopted.
(2)
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 Legislature of the State of Texas, 1927,
Chapter 106, said Act being commonly known as Article 1105-b
of the Revised Civil Statutes of the State of Texas, 1925, as
amended, which Act is adopted by Article IN Section 2, of the
Charter of the City of Beaumont.
SECTION 4:
That, whereas, the City Engineer has heretofore pre-
pared and filed with the City Council of the City of Beaumont,
complete Plans and Specifications for such proposed improve-
ments, which Plans and Specifications are on file in the office
of the City Engineer of said City, said Plans and Specifica-
tions are hereby approved and adopted.for use in the construc-
tion of said improvements 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 shallay to
the Contractor forty per cent (40Z of the
total cost of all street and stormsewer
improvements, including the eight and one-
half per cent ($2%) Engineering fee. From
this forty per. -cent (40%) shall be deducted
the total Engineering fee of eight and one-
half per cent ($j%). 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 (601o) of the
total cost .of all street and storm sewer
improvements, including the eight and one-
half ($1%) Engineering fee.
Eight and one-half per cent ($z%) of the total cost
of said improvements shall be added to and included in the
cost of said improvements to cover the cost of engineer-
ing, advertising, and contingencies, which amount shall
be included in the cost of said improvements to be appor-
tioned between the property owners and said City as herein-
above provided. The total amount of such engineering and in-
cidental expenses will be deducted from the City's portion
of the cost to -be paid to the Contractor.
(3 )
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'install-
ments, the first of which to be due and pay-
able thirty (30). days after the date said
improvements are completed and accepted by
the City Council of the City of Beaumont,
and the remaining four. (4) installments to
be due and payable respectively in one•(1),
two (2), three (3), and four (4) years, from
and after the date of such acceptance, to-
gether with interest thereon from date of
acceptance, at the rate of six per cent (0)
per annum, payable annually; provided, how-
ever that the owners of said property shall
have the privilege of paying any one of,
or all, of such installments at any time
before maturity thereof, by paying the total
amount of principal due, together with in-
terest accrued to the date of payment; furthar,
that if default be made in the payment of
any of said installments of principal or in-
terest, 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 made, shall be and be-
come -immediately due and payable, together
with reasonable attorney's fees and collec-
tion 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 ben-
efits to accrue to such property in the en-
hanced value thereof, resulting 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.
(4)
17"
It is further provided, as is stipulated by the pro-
vision of said charter and laws hereinabove identified that
said improvements may be omitted in front.•of any property,
exempt from the lien of special assessment and street im-
provements, 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
authorized to advertise for and receive competitive bids on
the construction of the aforesaid improvements for the length
of time and in the manner 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 236$-a of the Revised Civil Statutes
of the State of Texas, 1925, as amended.
SECTION $a
That the City Manager is hereby authorized and directed
to prepare, or cause to be prepared, a Notice in the name of
said City, Of the action taken herein and to execute said
Notice on behalf of said City, and the City Clerk is hereby
authorized and directed to attest said Notice with the seal of
said City, and to file same with the County Clerk of Jefferson
County, Texas, among the Mortgage Records of said County.
1948.
PASSED. -by the City Council, this a3/ day of ,
(5)
September 1, 1948
Mr. Fred, Hill
County Clerk
Court House
Beaumnt, Texas
Deer Sir:
Enclosed youtrlll find.a notice of the enactment of
an ordinance ordering improvement to certain streets., which
ordinance was passed by the City Council in regular session
held August 31,, 1944. This notice is to.be.filed in your of-
fiee.,
If you will notify this office the amDunt of the re-
cording fee, vre will issue a check to cover it.
Yours very truly,
M. M. KING, JR.
City Clerk
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To:
Brom:
Subject:
INTER -OFFICE MEMORANDUM
CITY OF BEAUMONT, TEXAS
Date: August 30, 1948
Mrs..Willie J. Brockman, City Attorney
Geopgo Murphy, City Attorney
Ordinance Ordering Paving of South And Other Streets
COMMENT:
PLEASE HANDLE
PLEASE
APPROVE
PLEASE NOTE
and RETURN
FOR YOUR
INFORMATION
PLEASE SEE ME
,
PLEASE ADVISE,
YOUR FILE
Attached hereto is an Ordinance determining the
necessity for the ordering certain streets.iamed paved.
I understand that the Council would likejto have
this Ordinance passed tomorrow. '
Also, attached,'hereto is a notice which must be
filed with the County Clerk immediately after the passage
of the Ordinance.
I suggest that if the Ordinance is passed tomorrow
morning that the notice be signed, notarized and filed with
the County Clerk tomorrow afternoon. The blank dates should
be filled in prior to filing.
George Murphy
City Attorney
C ITY OF BH:ATjmomT
` BEATJMOI�T, TEXAS
September 1, 1948
Mr. Fred Hill
County Clerk
Court House
Beaumont, Texas
Dear Sir:
Enclosed you will find a notice of the enactment of
an ordinance ordering improvement to certain streets,,.,which
ordinance was passed by the City Council in regular session
held August 31, 1948. This notice is to' be filed in your of-
fice.
If you will notify this office the amount of the re-
cording fee, we will issue a check to cover it.
Yours very truly,
Al. M. KING,
City Clerk
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FRED G. HILL
Cou ty Chrc, effo"" Cou "' TexaS
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