HomeMy WebLinkAboutORD 19-UAN ORDINANCE
ENTITLED AN ORDINANCE DETERMINING THE NECESSITY
FOR AND.ORDERING THAT CERTAIN STREETS NAMED
HEREINBELOW WITHIN.THE LIMITS INDICATED, BE PER-
MANENTLY.IMPROVED; APPROVING AND ADOPTING THE
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; AUTHOR-
IZING 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 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:
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
designated, to wit:
Unit 1: Broadway from West line Center:Street
to East line Mariposa Street.
Unit 2: Long Avenue from West line Pine Street
to East line Magnolia Avenue.
Unit : Long Avenue from West line Magnolia
Avenue to East 'line Gulf Street.
SECTION 2:
That it is hereby ordered that the aforesaid streets within
the limits above described shall be improved by widening, filling,
grading, raising, paving, repaving, or repairing same as follows,
to wit:
The street named in Unit 1 is to be widened to forty-
one (41?) feet from back to back of curb and shall be
constructed or reconstructed of six-inch (611) Reinforced
Portland Cement Concrete pavement together. with Integral
Curb & Gutter;
The street paving for Units 2 and 3 shall be constructed
or reconstructed of six-inch (61?) Reinforced Portland
Cement Conbrete pavement together with Integral Curb and
Gutter and shall be of a width of forty-one ( 41 t ) feet
from back to back of curb, except for trackage...
OA l 1 c/ L."
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.
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 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
Plans 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
Contractor forty per cent (4.0%) of the
total cost of all street and storm sewer
improvements, including the eight and one-
half per cent. ($2J) Engineering fee. From
this forty per cent. (40%) shall be deducted
the total Engineering fee of eight and one
half per cent. ($2f). 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
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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 ($2%) per cent. Engineering
fee.
Eight and. one half per cent. (81%) of the total cost of
said improvements shall be added to and included in the cost of
said improvements to cover the cost of engineering, advertising,
and contingencies, which amount shall be included in the'cost of
said improvements 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 liabil-
ity 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 (30)
days after the date said improvements are com- .
pleted and accepted by the City Council of the
City of.Beaumont, and the remaining four (4) in-
stallments 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 insterest"thereon from date of accep-
tance, at the rate of six per cent (6J) per annum,
payable annually; provided, however, 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 -
interest accrued to the date of payment, further,
that if default be 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
made -shall be and become immediately due.and pay-
able, together with reasonable attorney's fees
and collection costs, if incurred; however, it is
specifically stipulated and provided that no as-
sessment 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
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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 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 the provision
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 improvements, without in-
validating 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 auth-
orized to advertise for and receive competitive bids on,the con-
struction of the aforesaid improvements for the length of time and
in the manner and formas 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 Arti-
cle 236$-a of the Revised 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 said
City, of the action taken herein and to execute said'Notiee on be-
half of said City, and the City Clerk is hereby authorized and
directed to attest said Notice with the seal of said City, and to
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file same with the County Clerk of Jefferson County, Texas,
among the Mortgage Records of said County.
1949.
PASSED by the City Council this 8th day of March, A. D.
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- Mayor -
. 1 4
1
THE STATE OF TEXAS
COUNTY OF JEFFERSON :
2 4 15 6 2 F)
KNOW ALL MEN BY THESE PRESENTS:
THAT The City of Beaumont, Texas, acting by and through
its duly elected and constituted City Council, has by ordinance
duly enacted on the 8th day of March, 1949, determined the neces-
sity for, and ordered, the permanent improvement of the herein-
after named streets or portions thereof within the limits herein
below defined, within The City of Beaumont, Texas, in -the manner,
and with the materials as are provided for in the Plans and,Speci-
fications for said improvements prepared, or to be prepared by
the City Engineer and as approved and adopted by said City Council,
said streets to be improved being described as follows, to wit:
BROADWAY from West line of Center.Street to
East line of Mariposa Street.
LONG AVENUE from West line of Pine Street to
East line of Magnolia Avenue.
LONG AVENUE from West line of Magnolia Avenue
to East line of Gulf Street.
That the City Ordinance above identified expressly provides
that a portion of the cost of said improvements shall be paid by,
and specially assessed against, the property abutting upon said
streets within the limits above defined, and the real and true
owners 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
and attested by its City Clerk pursuant to the terms of said ordi-
man-c'e" "dr'this the 8th day of March, A.D. 1949 •
THE CITY OF BEAUMON , TEXAS
City Manager
'SJ
THE STATE OF TEXAS
a
COUNTY OF JEFFERSON :
BEFORE ME, 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 capa-
city -therein stated.
10 .....
.....'. '1
�... �tEN: UNDER MY HAND and seal of office this 8th day of
Lary Public in a or Je ferson
County, Texas.
THE STATE OF TEXAS
County of Jefferson I, FRED G. HILL, County Clerk, of Jefferson County, Texas hereby
certify that the foregoing instrument of writing was filed for record on the day of
at %&G /
__o'clock M., and recorded on the -6 day of
v"sd ,Qp
194, at�_o'clocl ��.�in the �
��
Records; Jefferson County, Texas, in volume___t�,M�, page et seq.
Witness my d and al of office at Beaumont, Texas, the day and year last above written.
FRED G. HILL,
Deputy. County Clerk, Jefferson County, Texas.
T -48 -20M -T
INTER -OFFICE MEMORANDUM
CITY OF BEAUMONT, TEXAS
Date: March 7, 1949
To: Mrs. Willie J. Brockman, City Manager
From: George E. Murphy, City Attorney
Subject: Paving of Broadway and Long Avenue.
COMMENT:
PLEASE HANDLE
PLEASE
APPROVE
PLEASE NOTE
and RETURN
FOR YOUR
INFORMATION
PLEASE SEE ME
y
PLEASE ADVISE
YOUR FILE
Attached hereto is an Ordinance ordering the paving
and widening of Broadway and paving of Long Avenue.
After the Ordinance is passed you will -please execute
the Notice and acknowledge same before a Notary Public and
then file with the County Clerk as required by law.
George E. Murphy,
City Attorney
GEM:h
attach.2