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Home My WebLink AboutORD 73-65• ORDINANCE N0. ENTITLED.AN ORDINANCE DETERMINING THE NECESSITY FOR -AND.; ORDERING THAT BLOSSOM DRIVE FROM WASHING- TON :BLVD. TO SOUTH LINE OF BLOCKS 1 AND 2 IN FLEETWOOD ADDITION, AND OF PARISH AND PROCTER STREETS FROM BLOSSOM DRIVE EAST TO END PUBLIC STREETS. IN THE CITY OF BEAUMONT, TEXAS, SHALL -L' BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; LISTING APPARENT PROPERTY OWNERS ABUTTING ON SAID PORTION OF SAID STREETS; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THERE- OF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FIND- ING .`AND=' DETERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PROVIDES FOR PAYMENT IN CASH BY -THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OF PAVING CERTIFI- CATES' ISSUED ON SAID PROJECT; PROVIDING FOR LEV- ING ASSESSMENTS AGAINST ABUTTING PROPERTY; PRO- VIDING 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 FILE NOTICE OF INTENT TO ASSESS; 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, TEXAS: Section 1. The City Council of the City of Beaumont, Texas, hereby L173 determines the public necessity for and orders the permanent improvements of Blossom Drive from Washington Blvd. to South Line of Blocks l.and 2 in Fleetwood Addition, and of Parish and Procter Streets from Blossom Drive East to End in the City of Beaumont, Texas, by the construction thereupon of a street in con- formance with street construction standards of the City of Beau- mont, Texas, all as provided by the plans, specif_,!cat ions.'and cost -estimates hereinafter referred ao..�_a'nd. approved. The: City .Council'. here and :. now approves and adopts the' . plans,,-specificatio"ns.-and cost estimates for•.such improvements• heretofore prepared and submitted .to itby the Public Works De- partme'nt'. : Section 2. The following listed pe rsons-..ar`e the", apparent property owners abutting on the portion"of_said-streets ordered- improved in Section 1 of this' ordinance: PRELIMINARY PAVING ASSESSMENT J • BLOSSOM DR. -PARISH -PROCTER STS F rom WASHINGTON BOULEVARD - SOUTH To THROUGH BLOCKS 1-5 INCLUSIVE FLEETWOOD ADDITION Pavement 26 ft. wide reinforced concrete Property Owner's Cost $6.00 Per Front Foot ,...... ._. ...._ ... .. - . -17 _ _ I Front Property Owner's Cost Pro2erty Owner Lot Blk. Feet $6.'00/ft. $10.00/ft. Total Amount. BLOSSOM DRIVE FLEETWO D ADDITION' West Side Geo. O.•Hudspeth 19 & S 1/2 of 18 2 84.6 $ 507.60 $ 846.00 Alvin L. Daniels 7 & N 1/2 of 8 2 85.0 510.00 850.00 Maurice J. Simpson 15-16 & S 1/2 of 14 2 125.0 750.0.0 1,250.00 H.. A. Clifton 12-13 & N 1/2 of 14 .2 125.0 750.00 1,250.00 L. L. Lowry 11 2 60.0 360.00 600.00 S. N. Wallace 9-10 & S 15' of_8 2 115.0 '690.00 1,150.00 Johnny M. Smith S 1/2 of 7 & N 35' of.8 2 60.0 360.00 600.00 James A. Darden 6 & N 1/2 of 7 2 75.0 450.00 750.00 Edward P. Pierre 3-4 & 5 2 150.0 900.00 1,500.00 Chas. A. "Bubba" Smith 1 & 2 2 100.0 600.00 1,000:00. J. SCH RBAUR ADDITION Calvin Williams Tr. B.out of 3 113.88 683.29 1,138.80 W. N1. Crook Estate Pt. 1 out of 3 100.0 600.00 1,000.00 East Side W. M..Crook Estate Lpt. ou of 3 100.0 600.00 1,000.00 ,...... ._. ...._ ... .. - . -17 _ _ I PRELIMINARY PAVING ASSESSMENT BLOSSOM DR. -PARISH -PROCTER STS F ro m WASHINGTON BOULEVARD - SOUTH To THROUGH BLOCKS 1-5 INCLUSIVE FLEETWOOD ADDITION Pavement 26 ft. wide reinforced concrete Property Owner's Cost $6.00 Per Front Foot IForm PW-RSPA-4 -3- Front Property Owner's Cost ProEerty Owner Lot IBlk. Feet Total Amount. $6.00/ft. $10.00/ft. BLOSSOM DRIVE (Cont.) J. SCA ROUGH ADDITION Christ.Sanctified Church Tract Cot of 3 100.0 $ 600.00 $ 1,000.00 Harold E. Brown Tract A o of 3 13.8E 83.28 .138.80 FLEETW OD ADDITION Harold E. Brown 1 & N 1/2 of 2 1 75.0 450.00 750.00 Julia M. Levy, 3 & S 1/2 of 2 1 75.0 450.00 750.00 Aaron Green, et ux 4 & N 1/2' of 5 1 75.0 450.00 750.00 Alvin G. Randolph 6 & S 1/2 of 5 1 75.0 450.00 750.00 Whitney J. Green 7 & N 1/2 of 8 1 75.0 450.00 750.00 A. G. Randolph 9-10 & S 1/2 of 8 1 125.0 750.00 1,250.00 Joseph Simon, Jr. 12 &'13 1 100.0 600.00 1,000.00 T. R. Johns 14 & N40' of 15 1 90.0 540.00 900.00 Leslie James Hunt 16 & S10' of 15 1 60.0 360.00 600.00 Geo. E. Randle 18 & 19 1 108.3 .650.04 1,083.40 IForm PW-RSPA-4 -3- 0. 111\1111-t 1113 16 for such work provides for the payment of the contract 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 certificates issued for the con- struction of the aforesaid improvements, to be accomplished as follows: (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 progressed, 10% of the amount due by the City on each.such estimate being retained by the City until completion and acceptance -of the work involved in the street on which the estimates are submitted. (b) The portion of the cost of such improvement is to be paid by the abutting property and the owners thereof, as here- inafter specified, 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 certifi- cates, 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 -7- • 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 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 lia- bility 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 be due and payable within thirty (30) days after the completion of said improvements and the acceptance thereof by the City of Beaumont, and another equal instalment payable annually thereof over the next four (4) years with interest at six (6%) per cent 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 evi- dence 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 de- clared 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 acdeptance of the improvements by City Council and the balance, with interest at six (6%) per cent per annum we from and after the date of acceptance in monthly installments, not to exceed forty-eight (48). A minimum monthly payment of Ten and N0/100 ($10.00) Dollars including interest for each fifty (50') feet 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 Sta- tutes 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 adopted and approved, such bids shall be received on the 23rd day of October, 1973. Section 8. That if any section, -subsection, sentence, clause or phrase of this ordinance or.the application of same to a particu- lar set of persons -or circumstances should for any reason be held invalid, such invalidity shall in no wise 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 this the day of &_&q )t, 3' 1973. Mayor - }.� ' C lei THE STATE OF TEXAS X. COUNTY OF JEFFERSON X' BEFORE ME, the undersigned authority, on this day personally appeared Ken Ritter, Mayor of the City of Beaumont, Jefferson County, Texas,.known to me to be the person whose name is subscribed,to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF`OFFICE, this the day of , A. D.,,19�3 ll Notary P blic in and for JeBf-e County, Texas `�