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HomeMy WebLinkAboutORD 80-48 h ` i ORDINANCE NO. (� ENTITLED AN ORDINANCE DETERMINING THE NECESSITY OF AND ORDERING THAT WINSTON, POSEY, WORCESTER, BENDER, AND IRENE STREETS, PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; LISTING APPARENT PROPERTY OWNERS ABUT- TING ON SAID PORTION OF SAID STREETS; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THEREOF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DETERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PROVIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PRO- VIDING FOR CITY FINANCING OF PAVING CER- TIFICATES ISSUED ON SAID PROJECT; PROVIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RECEIVED BY THE CITY UNDER THIS PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPROPRIATION FOR THE CONSTRUCTION CONTRACT WAS MADE; PROVIDING THE TIME, TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THIS PROJECT; INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City Council of the City of Beaumont, Texas , hereby determines the public necessity for and orders the permanent improvements of Winston, Posey, Worcester, Bender, and Irene Streets in the City of Beaumont, Texas, by the construction thereon of a street in conformance with street construction standards of the City of Beaumont, Texas, all as provided by the plans, specifications and cost estimates here- inafter referred to and approved. The City Council here and now approves and adopts the plans, specifications and cost estimates for such improve- ments heretofore prepared and submitted to it by the Public Works Department. Section 2 . The following listed persons are the apparent owners abutting on the portion of said street ordered improved in Section 1 of this ordinance: ASSESSMENT PAVING ROLL PETITION NO. 78-2 ❑ PRELIMINARY JOB. NO. 13 © FINAL SHEET NO. 1 OF 4 STREET/S WINSTON, POSEY, WORCESTER, BENDER AND IRENE STREETS - WESTC'HE. TER ADDITION PAVEMENT PROPERTY OWNER'S COST -----S 2 Q 60' S 12" 0 0 PER FRONT FOOT PROPERTY OWNER AND MAILING FRONT PROPERTY 01l�IER'S COST PROPERTY ADDRESS LOT BLK. FOOT '' LOCATION A Adams, John D. 1 1 51.25 615.00 Bender 3390 Bender Beaumont, Texas - Allen, John A. 4 .7 52 .55 630.60 Winston 4555 Winston " Beaumont, Texas Aplo-A, Porter S 1/2 2 8 . 129. 89 1558.6.8 Irene 45.3 Irene Lot 3 & Beaumont, Texas 4 Avery, Ora L. 15 4 51. 25 615. 00 Worcester 1569 Pipkin Beaumont, .Texas = Bean, :Lillie Pearl 6 9 52 .34 628.U8- Irene 4530 Irene Beaumont, Texas Bossette, Sadie 7 & 8 1 102 .50 1230. 00 Bender . 3250 Bender Beaumont, Texas Boxie, Merlin 1 6 55 660.00 Winston. ( 4380 Booker - Beaumont, Texas' Brooks, David 1 3 71. 3 855.60 - Winston _ 4205 Winston Beaumont, Texas Bryant, Freeman, Jr. 6 1 51. 25 615.00 Bender 3290 Bender - Beaumont, Texas Burton, Robert A. 3 6 55 660_00 Winston 4455 Winston Beaumont, Texas DENOTES CORNER LOT, DISCOUNT RATE INCLUDED IN ASSESSMENT RATE FOR SIDE LOTS. NAMES IN PARENTHESIS REFLECT 01�PIER'S AS LISTED ON CITY OF BEAUMONT TAX ROLL. r • 2 - ASSESSMENT PAVING ROLL PETITION W. 78-2 ❑ PRELIMINARY JOB. NO. 13 ® FINAL SHEET N0. 2 OF 4 STREETIS WINSTON, POSEY, WORCESTER, BENDER AND IRENE STREETS - WESTCHESTER ADDITION PAVEMENT PROPERTY OWNER'S COST $10 0 0 L1.•.o 0 PER FRONT FOOT PROPERTY OVINER AND MAILING FRONT PROPERTY 0riNER'S COST PROPERTY ADDRESS LOT BLK. FOOT - LOCATION Cassimere, Z. 9 2 51.25 615. 00 Bender 3235 Bender Beaumont, Texas Durden, Joyce Moore 3 2 55 660.-00 Winston 4255 Winston Beaumont, Texas Feist, Herbert 'H. 3. 1 51. 25 615.00 Bender 3359 Bender Beaumont, Texas Green, D. 4 3 55. 66b.00 Winston 4275 Winston Beaumont., Texas Harper, D. 9 . : 3 55 660.00 Bender. 4375 Winston Beaumont, Texas Hollier, Cepheus C. 2 1 51.25 615.00 Bender 3370 Bender Beaumont, Texas Jones, Henry 4 & 5 4 102 :50 1230.00 Posey Sky Room Resturant Municipal Airport - Wichita Falls, Texas Linton, Hazel Mae 7 8 50 600. 00 Winston 4520 Winston Beaumont, Texas Loeb, L. G. 3 2 51.25 .615. 00 Bender . 3355 Bender - Beaumont, Texas - DENOTES CORNER. LOT, DISCOUNT RATE INCLUDED IN ASSESStEMT RATE FOR SIDE LOTS. C NAMES IN PARENTHESIS REFLECT 011NER'S AS LISTED ON CITY OF BFAUI MT TAX ROLL. 3 - ASSESSMENT PAVING ROLL PETITION NO. 78-2 ❑ PRELIMINARY JOB. NO. 13 FINAL SHEET NO. 3 OF 4 STP.EET/S WINSTON, POSEY, WORCESTER, BENDERIAND IRENE STREETS - WESTCHESTER ADDITION PAVEMENT PROPERTY OUNER'S COST S1Q 00/S1? 00 PER FRONT FOOT PROPERTY OWNER AND MAILING FRONT PROPERTY O.-INER'S COST PROPERTY - ADDRESS LOT BLK. FOOT '' ' ' LOCATION Mitchell, Frank 4 2 51.25 615.00 ' Bender 3335 Bender Beaumont, Texas - Nickson, Gertie 7 9 50 606:00 Irene 4520 Irene Beaumont, Texas Pickins, Richard 5 2 .51.25 615 .00 Bender- 331� Bender - Beaumont., Texas Reed, Roy 4 1 51'..25 615. 00 Bender 3330 Bender " Beaumont, Texas Smith., Ms. Elmira 18 &. 19 4 102 .50 1230:00 Worcester 3380 Worcester Beaumont, Texas Thibodeaux,. Georgia 8 3 55 66.0.00 Winston "4355 Winston Beaumont, Texas . Thibodeaux, Wilson 'J. 9 1 51.25 615.00 ' Bender 3230 Bender Beaumont, Texas Thomas, James I. 3 7 52.34 628.08.." Winston _ 4535 Winston Beaumont, Texas Williams, E. 10* 2 68.75 1518.75 Bender 3215 Bender Beaumont, Texas DENOTES CORNER LOT, DISCOUIT RATE INCLUDED IN ASSESSMENT RATE FOR SIDE LOTS. - C ) NAMES IN PARENTHESIS REFLECT 010.1ER'S AS LISTED ON CITY OF BEAU-7) 1T TAX ROLL. - 4 - ASSESSMENT PAVING ROLL SUMMARY SHEET PETITION NO. 78-2 PRELIMINARY JOB NO. 13 FINAL SHEET NO. 4 OF 4 STREET/S WINSTON, POSEY, WORCESTER, BENDER AND IRENE STREETS - WESTCHESTER ADDITION PAVEMENT PROPERTY OWNER'S COST $10. 0b/$12. 00 PER FRONT FOOT PRELIMINARY , TOTAL ESTIMATED COST OF CONSTRUCTION $ TOTAL PROPERTY OWNER'S COST @$'10. 00 -Rate $ TOTAL PROPERTY OWNER'S COST @ `$12 .00 RATE $ TOTAL ESTIMATED Cl TY'S COST IF PROPERTY OWNER'S RATE @ �10.-0 0 $ TOTAL ESTIMATED CITY'S COST IF PROPERTY OWNER'S RATE @ $12 .00 . $ FINAL TOTAL OWNER'S COST $ 58,932 .68 LESS PREPAID BY PROPERTY OWNER'S @ $10.00 RATE $ 37,497. 87 TOTAL ASSESSMENT $ 21, 434 .79 TOTAL ESTIMATED CITY'S COST $ 173, 884 .5 8 TOTAL ESTIMATED COST OF IMPROVEMENTS $ 232 , 817 .24 5 - Section 3. A part of the cost of such improvements shall be paid by the City of Beaumont and a part thereof shall be paid by assessment against the property abutting upon the portion of said street hereby ordered to be improved, and the owners of such property as follows, to wit: (A) The real and true owners of property abutting upon said streets to be improved may prepay for their paving without assessment by paying the sum of $10. 00 for each front foot of property abutting upon said street so long as said payment is made within fifteen (15) days of the date of the award of contract to the successful bidder as above provided, said owners shall be assessed for and pay the sum of $12. 00 for each front foot of property abutting upon said street provided; however, that in no event shall the cost of said improvements to be paid by the abutting property and the real and true owners thereof exceed the total cost of curbs and sidewalks and nine-tenths (9/10) of the estimated cost of such improvements exclusive of curbs and sidewalks as so estimated by the City's Public Works Director. (B) The City of Beaumont shall pay all of the remainder of cost of said improvements. Section 4 . On the basis of experience and information provided by qualified City employees, the City Council hereby finds and determines that in all reasonable probability lower bids for the construction of said improvements will be received if the contract for such work provides for the payment of the con- tract price all in cash, rather than requiring the contractor to accept paving certificates for part of the amount payable to him. Accordingly, with the view of lowering the cost of said improvements both to the property owners and to the City, it is hereby provided that the City will finance the certifi- cates issued for the construction of the aforesaid improvements, to be accomplished as follows: - 6 - (a) The City will contract for the construction of such improvements in the name of the City and will pay for its portion of the work, out of available funds appropriated for the purpose, the entire amount becoming due under the terms of said contract on monthly estimates as the work progresses, ten percent (10%) of the amount due by the City on each such esti- mate being retained by the City until completion and acceptance of the work involved in the street on which the estimates are submitted. (b) A portion of the cost of such improvement is to be paid by the abutting property owners, as hereinabove is specified, and will be paid to the City as special taxes or assessments to be levied directly for the benefit of the City and to be evidenced by assignable certificates payable to the order of the City of Beaumont, the time, terms and conditions of payment and defaults of such assessments to be as elsewhere herein provided. It is hereby further provided that all amounts received by the City of Beaumont on account of such assessments and certificates, including interest, if any, must be paid into the fund from which the appropriation for such contract is made. If there be more than one fund from which the appropriation for such contract is made, then amounts so received shall be paid into each of said funds in the proportion that the amount appropriated from said fund bears to the total amount appropriated for said contract. Section 5. The amounts payable by the abutting property and the real and true owners thereof shall constitute a first and prior lien upon such abutting property, and a personal liability of the real and true owner thereof, and shall be payable as follows, to wit: (a) That said amounts payable by the property owners may be paid in five (5) equal installments, one installment to 7 - be due and payable within thirty (30) days after completion of said improvements and the acceptance thereof by the City of Beaumont, and another equal installment payable annually thereof over the next four (4) years with interest at eight percent (8%) per annum, from and after the date of acceptance. .Said property owners shall have the privilege of paying any one or more of said installments before they mature by payment of principal and interest thereon, and such certificates as may be issued to evidence such assessment shall provide that in the event of default in paying any installment thereupon when due, whether of principal or interest, the whole of such certificate may be matured and declared due at the option of the holder thereof. (b) The said amounts payable by the property owners may be paid one-fifth (1/5) of the total amount in cash within thirty (30) days of the acceptance of the improvements by the City Council and the balance, with interest at six percent (6%) per annum from and after the date of acceptance in monthly installments, not to exceed forty-eight (48) . A minimum monthly payment of Ten and No/100 ($10. 00) Dollars, including interest for each fifty feet (501 ) of property frontage is permissible. Section 6. This ordinance and all proceedings hereunder are done pursuant to the power given by Article 1105b Revised Civil Statutes of Texas, 1925, and having been adopted by the City of Beaumont at Article XIV, Section 2 of the Charter of the City of Beaumont, Texas. Section 7 . The City Clerk is hereby directed to file a "Notice of Intent to Assess"with the County Clerk of Jefferson County, Texas, pursuant to the provisions of Article 1220-a of the Revised Civil Statutes of Texas. The City Clerk is further directed to advertise for bids for such work and improvement in accordance with the plans and specifications hereinabove - 8 - adopted and approved, such bids shall be received on the 4th day of June, 1980. Section 8. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a par- ticular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the ?- day of 1980. a - Mayor - 9 -