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HomeMy WebLinkAboutORD 74-174 ORDINANCE NO. X47 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT MYRNA LOY DRIVE, CHARLOTTE DRIVE AND BONNIE LEE LANE FROM HIGHLAND THROUGH SOUTH PARK 3RD ADDITION, PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL 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 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 FINAN- CING OF -PAVING CERTIFICATES ISSUED ON SAID PRO- JECT; PROVIDING FOR LEVING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RE- CEIVED 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 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 deter- mines the public necessity for and orders the permanent improvements of Myrna Loy Drive, Charlotte Drive and Bonnie Lee Lane from Highland through South Park 3rd Addition in the City of Beaumont, Texas, by the construction thereon of a street in conformance with street con- struction standards of the 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 heretofore prepared and submitted to it by the Public Works Department. Section .2 , The 'following listed persons are the:apparent..propefty owners abutting on the portion of,said streets ordered improved in'.Section 1 -•---- of...th-is-_ or.dinance::'.:___....__ PRELIMINARY•PAVING ASSESSMENT MYRNA LOY DR., CHARLOTTE DR. From HIGHLAND AVENUE THROUGH SOUTH PARK 3RD,ADDITION AND BONNIE LEE LANE 13 1 52.0 Pavement Reinforced concrete 26 ft, wide Charles K. Kidd Property Owner's Cost $6.00 Per Front Foot $ 650.00 Dale Floyd Colleps 36 Front Property Owner's Cost 510.00 Property Owner Lot Glk, Feet Total Amount $6.00/ft, $10.00/ft. 2 51.0 306.00 510.00 R. V. Goode 33 2 51.0 306.00 Myrna Loy Drive Donald B. Northcut SOUTH PARK 3RD ADDI ION 510.00 SE J. A. Ford 14 1 63.80* 382.80 638.00 North Side 13 1 52.0 312.00 520.00 Charles K. Kidd Pt.of 37 2 65.0 $ 390.00 $ 650.00 Dale Floyd Colleps 36 2 51.0 306.00 510.00 Dudley Rench 35 2 51.0 306.00 510.00 Maynard A. Blankenship 34 2 51.0 306.00 510.00 R. V. Goode 33 2 51.0 306.00 510.00 Donald B. Northcut 32 2 51.0 306.00 510.00 Marvin M. Thompson 31 2 51.0 306.00 510.00 L. Willis 30 2 51.0 306.00 510.00 Aden T. Sturrock 29 2 51.0- 306.00 510.00 Dan Heinze 28 2 51.0 i 306.00 510.00 Marion W. Heiman, Jr. 27 2 59.15 354.90 591.50 Floyd Scott, Jr. 26 2 37.52 225.12 375.20 i SE J. A. Ford 14 1 63.80* 382.80 638.00 Timothy W. Tompkins 13 1 52.0 312.00 520.00 Nathan W. McCown 12 1 52.0 312.00 520.00 Steve McCarty, et ux 11 1 52.0 312.00 520.00 D. D. Barfield 10 1 52.0 312.00 520.00 ,,_-Gordon J. Buckholz 9 1 52.0 312.00 520.00 PRELIMINARY PAVING ASSESSMENT MYRNA LOY DR., CHARLOTTE DR. From HIGHLAND AVENUE THROUGH SOUTH PARK 3RD ADDITION AND ii ,.Pavement Reinforced concrete 26 ft. wide Property Owner's Cost $6.00 Per Front Foot Front PropertyOwner's Cost Property Owner I Lot klk.lFeet $6.00/ft,r $10.00/ft.1 Total Amount Myrna Loy Dr. South Side(Con Jesse A. Bond Joe Glenn Fears Roy W. Darby Donald C. Tydlacka Don -Hilton Hancock Sam Hayes Willie J. Kotz Jack May Bonnie Lee Lane East Side i Arney.Lee Strickland George Milton Coffman M. B. Nelson, Jr. M. B. Nelson, Jr. D. Tydlacka L. F. Surratt Leroy Nevils Gertrude Zorn Lloyd Forse (Form PW-RSPA-4 8 1 52.0 $ 312.00 $ 520.00 7 1 52.0 312.00 520.00 6 1 52.0 312.00 520.00 5 1 52.0 312.00 520.00 4 1 52.0 312.00 520.00 3 1 52.0 312.00 520.00 232.20, 387.00 17 2 33.3 199.80 2 1 52.0 312.00 520.00 1 1 58.0 348.00 580.00 25 2 54.3 325.80 543.00 24 2 54.3 325.80 543.00 23 2 52.3 313.80 523.00 22 2 55.0 330.00 550.00 21 2 55.0 330.00 550.00 20 2 51.0 306.00 510.00 19 2 56.1 336.60 561.00 18 2 38.7 232.20, 387.00 17 2 33.3 199.80 333.00 PRELIMINARY PAVING ASSESSMENT MYRNA LOY DR., CHARLOTTE DR. From HIGHLAND AVENUE THROTTGT4 4QTTTH PARK IRT)- AnnTTTnN 1 AND BONNIE LEE LANE Pavement Reinforced concrete 26 ft. wide { Property Owner's Cost $6.00 Per. Front Foot Property Owner Lot jBlk. Front Feet Property Owner's Cost Total Amount $6.00/ft. $10.00/ft. Charlotte Drive North Side David L. Reed 15 1 63.8* $ 382.80 $ 638.00 Courtlon D. Rivette 16 1 52.0 312.00 520.00 R. Westman 17 1 52.0 312.00 520.00 Louis Welsh 18 1 52.0 312.00 520.00 W. G. McCown 19 1 52.0 312.00 520.00 Thurmon W. Dixon 20 1 52.0 312.00 520.00. Houston J. Fears 21 1 52.0 312.00 520.00 Jack C. Westbrook 22 1 52.0 312.00 520.00 Albert D. Cowart 23 1 52.0 312.00 520.00 Willie P. Horelica 24 1 52.0 312.00 520.00 James K. Anthony 25 1 52.0 312.00 520.00 Walter Bordages 26 1 52.0 312.00 520.00 J. F. Moon 27 1 52.0 312.00 520.00 Charles C. Anderson 28 1 58.0 348.00 580.00 South Side i Cleo Reed 1 2 50.0 300.00 500.00 Wm. E. West 2 2 50.0 300.00 500.00 I Nancy Landrum 3 2 d 50.0 300.00 500.00 Jack C. Wood 4 2 50.0 300.00 500.00 i PRELIMINARY PAVING ASSESSMENT MYRNA LOY DR., CHARLOTTE DR.; From HIGHLAND AVENUE T HROUGH SOUTH PARK 3RD ADDITION AND BONNIE LEE LANE Pavement Reinforced concrete 26 ft. wide Property Owner's Cost $6.00 Per Front Foot Front Property Owner's Cost Proi2erty Owner Lot Blk. Feet Total Amount $6.00/ft, $10.00/ft. Charlotte Dr. -South Side (contj.) 5 2 50.0 $ 300.00 $ 500.00 C. C. Graham J. N. Tompkins, Jr. 6 2 50.0 300.00 500.00 Ruthie L. Miller 7 2 .50.0 300.00 500.00 G. W. Maxwell 8 2 50.0 300.00 500.00 E. W. McCartney 9 2 50.0 300.00 500.00 Robert L. Turner 10 2 50.0 300.00 500.00 Maurice Boyette 11 1 2 50.0 300.00 500.00 Robert L. Stone 12 2 50.0 300.00 500.00 Kenneth Eric Smith. 13 2 50.0 300.00 500.00 Wm. H. Gunter 14 2 50.0 300.00 500.00 D. L. Buzzingham 15 2 57.6 345.60 576.00 C. H. Provost 16 2 39.0 234.00 390.00 TOTALS 3,358.87$20,153.22 $ 33,588.70 X This includes 100 of e frontage as an additiv: to the normal rate being applied to the frontage. Total Property Owners Cost at $6.00 Rae $ 20,153.22 Total Property Owners Cost at $10.00.R5ite 33,588.70 Total Estimated City's Cost if Property' Ownes Rate is $6.00 79,846.78 Total Estimated City's Cost i Propert Ownes Cost is $10.00 k 66,411.30 Total Estimated Cost of Impro'ements $ 100,000.00 7/4 Section 3. A part of the cost of such improvement 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 street to be improved may prepay for their paving without assessment by paying the sum of $6.00 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. Should said owners of abutting property fail to pay $6.00 per front foot within fifteen (15) days of the award of contract to the success- ful bidder as above provided, said owners shall be assessed for and pay the sum of $10.00 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. Se'ctidil 4. On the basis of experience and of 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 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 I Me the cost of said improvements, both to the property owners and to the City, it is hereby provided that the City will finance the cer- tificates issued for the construction of the aforesaid improvements, to be accomplished as follows: (a) The City will contract for the construction of such im- provements 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 esti- mates 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 the benefit of the City and to be evidenced by assignable certificates payable to the order of the City of Beau- mont, 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 pro- portion 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 -7- 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 improve- ments 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 privi- lege -of paying -any one or more of'said installments before they ma- ture by payment of principal and interest thereon, and such certifi- cates 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 cer- tificate 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 pro- perty frontage is permissable. Section 6. This ordinance and all proceedings hereunder are done pur- suant 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. -8- 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 specifica- tions hereinabove adopted and approved, such bids shall be received on the 12th day of March, 1974. Section 8. That if any section, subsection, sentence, clause or phrase. of this ordinance or the application of same to a particular 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. Section 9. Because of the long side lots existing on Lots 14 and 15 of Block one (1) of the South Park 3rd Addition and the possibility that any assessment of these lots under present guidelines would result in an assessment that exceeded special benefits to the lots from the project described herein, the assessments on Lots 14 and 15 of Block one (1) have been reduced to reflect a rate based upon ten per cent (10%) of the front foot rate as an additive to the nor- mal rate being applied to the total frontage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the - day , 1974.