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Home My WebLink AboutORD 73-46LN/gh/6 /21/73 ORDINANCE. NO., .73-46'. ENTITLED AN.ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CENTRAL DRIVE FROM GLADYS AVENUE NORTH TO.EAST:DRIVE, A PUBLIC STREET.IN THE CITY, OF ,,BVAUMONT;. TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROV.ING,sP1ANS 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 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; PROVIDING FOR CITY FI- NANCING OF PAVING CERTIFICATES ISSUED ON SAID`` PROJECT; PROVIDING FOR LEVING 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 APPRO- PRIATION FOR THE'CONSTRUCTION CONTRACT WAS MADE; PROVIDING THE TIME, TERMS AND CONDITIONS OF PAY-. MENT AND DEFAULTS, OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK,70 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 determines the public -necessity for and orders the.permanent improvement of Central Drive from Gladys Avenue North to East Drive in the City of Beaumont, Texas, by the construction there- on of a street in conformance with -street construction standards fh City of Beaumont, Texas; all as provided by the plans, specifications and cost estimates -hereinafter referred to and approved. The City Council here and now approves and adopts the plans, specifications and cost estimates for such improvements CENTRAL DRIVE From Gladys Ave. - North To East Drive .Pavement Reinforced concrete with curb-,& gutter - 26 ft. wide ,Property Owner's Cost $6.00/$10.00 Per Front Foot Pro ert Owner's Cost Front Prourty Owner Lot Blk. Feet $6.00 ft. $10.00 ft. Total amount West Side Plat D- 25 Wayne W. Brown T-5 D-25 200.0 $ 1 200.00 $ 2 000.00 Central Church of Christ T-132 D-25 65.0 390.00 650.00 Herbert M. Cole i T-142 D-25, 55,0 330.00 550.0b !- E. W. Estes T-134 D-25 75.0 450.00 750.00 W. T. Stampfly T-135 D-25 65.0 390.00 650.00 Homer Strait T-144&136 D-25 119.2 715.20 1 192.00 Norwood P. Fox I T-150 D-25 100.0 600.00 1 000.00 -Jack K. Johnson T-133 D-25 100.0 600.00 1 000.00 CA DER HIGHLANDS S. J. Felton 25-26-27 8 170.8 1 024.80 1 708.00 J. D. McClintock, et ux 24-23 & S1/2 of 2 8 125.0 750.00 1 250.00 C. G. Messina 21 & N /2 of 22 8 75.0 450.00 750.00 James B. Broussard 19,& 20' 8 100.0 600.00 1 000.00 Mrs. Vivian Debes 18 & E 1331of 17 8 90.1 540.60 901.00 EAST SIDE W. M. Clapp Estate 1 17 L. M. Fulbright, Executor W. A. - McCasland -` - 2 ti 3 17 50.01 300.00 I ' 500,.00 ioo.01 600.00 1 - 000.-00 1 - ---- 13 PRELIMINARY PAVING ASSESSMENT CENNTRU. P;; Vr, From GLADYS AVE. - NORTH To EAST DRIVE Pavement Reinforced concrete with curb & gutter - 26 ft. wide Property Owner's Cost $6.00/$10.00 Per Front root Pro ert Owner Lot Front Blk. Feet Property Owner's Cost $6.00/f t. $10.00 ft. Total Amount CALDER HIGHLANDS 9 & N1/2 EAST SIDE (Cont.) ---H. F. Schmidt. 4 17 50.0 $ 300.00 $ 500.00 H. L. Taylor 5 & 6 17 100.0 600.00 1 000.00 E. A. Heathman 7 & S1/2 of 11 17 75:0 I Lloyd B..& Kathryn Cherry v W. R. Newton Mrs. B. F. Reynolds Ralph M. Weihing Ralph M. Weihing Houston Thompson B. J. Hodis A.- M. Duperior Donald L. Bhzzingham 'Judith M. Lange J. M. Taylor Jon Curless of 8 17 75.0 450.00 750.00 9 & N1/2 of 8 17 75.0 450.00 750.00 10 & S1/2 of 11 17 75:0 450.00 750.00 12 & N1/2 of 11. 17 75.0 450.00 750.00 13 17 50.0 300.00 500.00 1 18 50.0 300.00 500.00 2 18 50.0 300.00 500.00 3 & S1/2 of 4 18 75.0 450.00 750.00 5 & Nl/2 of 4 18, 75.0 450.00 750.00 6 18 50.0 300.00 500.00 7 & S101 of 8 18 60.0 360.00 600.00 N 40' of 8&S20' of 9 18 60.0 360.00 600.00 10 & N30' of 9 18 80.0 480.00 800.00 PRELIMINARY PAVTm CENTRAL D P; 1VE G ASSESSMENT PavementFrorGrADYS AVENUE'nf t, orced Concrete With To NORTH NORTH Property with :6, EAST DRIVE Y Owner's Cost $6.00 utter 26 ft. Wide /$10- 00 Pro'ert e r pron.t FO Owner Fro Pr 0 Foot 'Lot nt 13 EAST SIDE lk. F e $6. 00 Own r 0 ft, S COS t $10.00 ft 4rry ,. 'Robinson CALDER 11 GHLANDS Total Amount S40, A- Birdsong Of 12 is 90.0 $ 3 & N10'540.0 $ 900.00 Of 12 1 . 91..5 549.0 915.00 tal Property OWners, 2,611.6 $ 16,029.6 $ j6,716.00 Cost $6-00 ra.e al Property Owners' C ' 6st @ $10-00 r to 16429.60 26,716.00' al Estimated City's Cost i P ropert Own'e s rate $6.00 '53,976 .40 al Estimated City's Cost i propertIs $10.00 owne sl rate 43,-284.00 Total Estimated Costo Improvem nts $ 70,000.00 No Text 1 JJ1 if the contract 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 rtY owners and to the Cit Yit . is hereby provided that the City will finance the --certificates issued for the construction 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 estimste being retained by the City until coinpletion and acccpta.«ce 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 hereinabove specified, will be paid to the City as special taxes or assessments to be levied directly for clue 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 defc3ults of such assessments to be as elsewhere herein provided. It is hereby further provided that: all amounts received by the City or 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 appropriaW -5- 7=777.'C...�•..__ _ ..eid�,:..-._ ..t,u� _ - u. � aJ:h.., a�,+fa 1' x �-Z..y2.a w•i'a ... +f�.n..�u}�..1,.:G'.J �f � , .. ii � i; tion 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 be assessed against such property and the real and true owners thereof, and shall con- stitute 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 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 installment 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 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 (6%) per cent 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 (50') feet of property frontage is permissable. 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 adopted and approved, such bids shall be received on the 17th day of July, 1973. 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 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. -7- PASSED by the City Council this the a -P day of 1973. 4- Mayo THE STATE OF TEXAS T 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 OFFTCE,this the�day of A. D. 19 - X �m�i��5 kg 1 j: i;•; Notary P blic in and for Je County, Texas �� :_;+ `Y`; •:yr.. . me