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HomeMy WebLinkAboutORD 22-U61/�,� , d_ '1. L( .�;L1._jCc�.+i AN ORDINANCE ENTI^1LED AN ORDINANCE DETERMINING THE NECES- SITY.FOR AND ORDERING THAT PORTION.OF LAUREL AVENUE WITHIN THE LIMITS HEREINBELOW.DEFINED BE PERMANENTLY,IMPROVED; APPROVING AND ADOP^1- ING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR THE CONSTRUCTION OF SAID IMPROVEMENT;.PROVIDING FOR THE MANNER IN WHICH THE COST OF SAID IMPROVEMENT.SHALL BE PAID; AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR.THE.IMPROVEMENT OF SAID STREET WITHIN THE LIMITS INDICATED AND AS PER PLANS AND.SPEC- IFICATIONS 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 street within The City of Beaumont, Texas, to wit: LAUREL AVENUE, from the West line of Eleventh Street Westward 2200 feet. SECTION 2: That it is hereby ordered that the aforesaid street within the limits above described.shall be improved by filling, grading, raising, paving, repaving or repairing same as follows, to wit: The street paving shall be constructed or recon- structed of seven-inch (7tt) Reinforced Portland Cement Concrete pavement for a width of twenty (201) feet, without curb and gutter, and by the construction of such storm sewers and drainage facilities 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 30 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 improvement, 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 improvements on the street 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 twenty.(20%') per cent. of the total cost of all street and storm sewer im- provements, including the eight and one half (20) per cent. Engineering fee._,. From this twenty (20%) per cent. shall be -deducted the total Engineering fee of eight and one half ($1J) per.cent. 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 Con- tractor eighty (80%) per cent. of the total cost of all street..and storm sewer improvements, including the eight and one half (91%) per cent. Engineering fee. Eight and one half (81%) per cent. of the total cost of said improvements shall be added to and included in the cost of said - 2 - 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 engi- neering and incidental expenses will be deducted from the Cityts 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 fdllows; 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 completed and accepted ;by the City Council of The City of Beaumont, and the remaining four (4) installments to be due and pa able respectively in one (1), two (2), three M, and four (4) years from and after the date_of such acceptance, together with interest thereon from date of ac- ceptance, at the rate of six per cent. (6%) per annum, 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, 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 payable, together with reasonable attor- ney's 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 ac- crue to such property in the enhanced value there- of, 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 - 3 - 1 �. �:') -) -c! '3-�`/--oy�l 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 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 invali- dating 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 construc- tion of the aforesaid improvements for the length of time and in the manner and form as required by the Charter of .The City of Beau- mont 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 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 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. PASSED by the City Council this 29th day of March, A.D. 1949. - Mayor - - 4 - J --alt - z� q 3-2R--IL-1V9 417 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 29th day of March, 1949, determined the necessity for, and ordered, -the permanent improvement of the hereinafter named street, or portion thereof, within the limits hereinbelow defined, within The City of Beaumont, 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 Engineer and as approved and adopted by said City Council, said street to be improved being described as follows, to wit: LAUREL AVENUE, from the West line of Eleventh Street Westward 2200 feet. 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 street;: 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 Ordinance, on this the 29th day of March, A.D. 1949. THE CITY OF BEAUMONT TEXAS By:� Cit Manager '4. , 1 THE STATE OF TEXAS : COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared Mrs® 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,,capadlty therein stated. ;. GIU'E.N . UNBER MY HAND and seal of office this 29th day of 4 E f Nota y Public in and f 1, Jefferson County, Texas. THE STATE OF TEXAS 1 County of Jefferson j I, FRED G. HILL, County Clerk, of Jefferson County, Texas hereby certify that the foregoing instrument of writing was filed for record on the 7 day of Apr 194 9 , at -9-10---o - 'clockA ° M., and recorded on the 12 _clay of Apr 194 ., at 12--�50 o'clock o M., in the M & L Records, Jefferson County, Texas, in volume 576 , page 223 et seq. Witness my hand and seal of office at Beaumont, Texas, the day and year last above written. FRED G. HILL, 2aB Deputy. County Clerk, Jefferson County, Texas_ 7-as-20M—T