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HomeMy WebLinkAboutORD 78-51• ORDINANCE NO.51 6 ENTITLED AN ORDINANCE APPROPRIATING $65,000 FROM THE ASSESSMENT PAVING FUND TO THE STREET CON- STRUCTION FUND, PROJECT NO. 71-77-012; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. R. DUPUIS CONCRETE COMPANY, INC. IN THE AMOUNT OF $455,435 FOR THE IMPROVEMENT OF OPAL, RAVEN, 'RENA, LUCILLE, CADILLAC AND FLAMINGO STREETS; SETTING A TIME AND PLACE FOR THE BENEFIT HEARING; DIRECTING THE CITY CLERK TO GIVE NOTIVE OF THE BENEFIT HEARING; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont has heretofore ordered the improvement of Opal, Raven, Rena, Lucille, Cadillac and Flamingo Streets under the City's Assessment Paving Program;and, WHEREAS, bids were received for the improvement of said streets; and, WHEREAS, E. R. Dupuis Concrete Company, Inc. submitted a ° ,bid in the amount of $455,435 for said improvements; and, WHEREAS, the City Council. is of the opinion that :the bid submitted by E. R. Dupuis Concrete.Company, Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Carn+Fi nn --I THAT the budget of the City of Beaumont for the period commencing October 1, 1977, and ending September 30, 1978, be, and the same is hereby, amended by appropriating $65,000 from the Assessment Paving fund to the Street Construction Fund Project No. 71-77-012. Section 2. THAT the bid of E. R. Dupuis Concrete Company, Inc.."in the amount of $455,435 be, and the same is hereby, accepted by the City of Beaumont, and the City Manager be, and he is hereby, authorized to execute a contract for said improvements. Rfni�+Ynn I _ The .City Council of the City of Beaumont further orders that a hearing be had and the hearing shall be had and held by and before the City Council of the City of Beaumont at 10:00 o'clock a.m. on June 13, 1978, in the City Council Chamber of the City Hall of and in said City, at which time and place all owning any property abutting upon said portion of said streets, or any interest therein, shall have the right at such hearing to be heard on any matter as to which hearing is a constitutional prerequisite to the validity of any assessment authorized by Article 1105-b, Revised Civil Statutes of Texas, 1925, and to contest the amount of the proposed assessments, the lien and liability therefore, special benefits to the abutting property and the owners thereof by means of the improvements for which assessments are to be levied, the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improvement and proposed assessment. Following such hearing as above provided for, assessments will be levied against said abutting property and the real and true owners thereof for that portion of the costs of said improve- ments hereinabove determined to be payable by said abutting property and the real and true owners thereof, in the respective amounts as shall be determined at said hearing, and such assessments, when levied, shall be a first and prior lien against such abutting property from the date said improvements were ordered, and shall be a personal liability and charge against the true owner of such property at said date whether named or not. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to state the fact, and if any such abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be neces- sary to give the correct name of any owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessments or certificate issued in evidence thereof, -2- CI—Ietj -7 but nevertheless, the real and true owner of said abutting property shall be liable and the assessments against said property shall be valid whether or not such owner be correctly named. Garr+ -i nn d The City Clerk is directed to give notice of such hearing, which notice shall be directed to all owning any property abutting upon said portion of said streets and all claiming any such property, and shall be given by advertisement hereof inserted at least three (3) times in some newspaper published in the City of Beaumont, the first publi-- cation to be made at least twenty-one (21) days before the date of the hearing. The City Clerk will also mail by certified mail a copy of a substantial copy of the notice so published or to be published, addressed to the respective owners of the various parcels or lots of abutting property, together with lienholders, at their respective usual or best mailing addresses; provided, in complying with this direction for the giving.of notice by mail to the abutting property owners and lienholders, the City Clerk may rely upon and may address the envelopes containing such notices., in accordance with such list of names and addresses as may be furnished the City Clerk as being sufficient and correct. The City Clerk shall mail such notices as soon as practicable after the receipt by hereof such list of names and addresses and shall, in -such manner and form as she deems appropriate and sufficient, make and preserve a record sufficient to evidence the following: (a)l the fact and date of the mailing thereof with a sufficient description of the paving project of which the notices so mailed related; and, (b) the names and mailing ad- dresses to which the notice as so mailed were addressed. The City Clerk shall, in any event, mail said notices at least fourteen (14) days prior to the benefit hearing set herein. -3- Section 5. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the -,---� day of p 1978. MEW - 01M.- -4-