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HomeMy WebLinkAboutORD 9-T-2-4 r9V_T r AN ORDIN`TANCE - , ENTITLED AN ORDINANCE DETER1.+1I NING THE NECESSITY _- FOR AND ORDERING THAT PORTION OF NORTH STREET WITHIN THE LIMITS .HEREINBELO71 DEFINED, 3E PERMANENTLY IMPROVED; APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; PROVIDING FOR THE CONSTRUCTION OF SAID IMPROVEMENTS.UNDER A CONTRACT HERETOFORE A17ARDED BY. THE CITY OF BEAUMONT TO TROTTI & THOLSON, INC.;PROVIDING FOR THE MANNER IN WHICH THE COST OF SAID IMPROVEMENTS SHALL BE PAID; DIRECTING THE CITY MANAGER TO CAUSE TO BE PREPARED, AND TO FILE A NOTICE'OF THE ENACTMENT OF THIS ORDINANCE WITH THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS; DIRECTING THE CITY ENGINEER TO PRE -- PARE AND FILE 11+1I TH THE CITY COUNCIL, ESTI1TmTES OF THE COST OF SAID II PROVEMENTS AS REQUIRED BY LAW. WHEREAS,- the City of Beaumont, Texas, acting through its then governing body, the City Commission, has heretofore determined the necessity for and has decided to improve North Street ziithin the limits hereinafter described in the manner hereinafter provided for; therefore, I BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION to That there exists a public -necessity for, and it is hereby determined that it is necessary to permanently improve the following - street within the City of Beaumont, Texas, to -wit: NORTH STREET, from the West line of Eleventh Street to the East line of Calder Place Addition. SECTION 2: That it is hereby ordered that said street within the limits above described shall be' improved by raising, grading, filling) widening, paving or repairing same by the construction or reconstruc- tion of a six-incla (611) reinforced Portland Cement concrete pavement together with int6gral curb, and by the construction of such storm sewers 4nd drainage facilities and other necessary incidentals and appurtenances, all as deemed adequate by the City Engineer and as provided for in the, Plans and Specifications for such improvements heretofore.prepared by the City Engineer and hereinafter approved and adopted® SECTION 3; . In providing for and making such improvements it is determined to proceed under and in the exercise of the powers) and provisions of,the Acts of the First Called'Session of the Legislature of the State of Texas,'1927, Chapter 106, said. Act commonly known as Article 1105-b of the Revised .Civil Statutes State of Texas, 1925, as amended, which Act is adopted by Arti Section 2, Hof the Charter of the City of Beaumont. hereby terms, 40th being of the cle "HIV M-C �k, , V - SECTION 4: That, whereas) -the City Engineer has heretofore prepared and filed with the City Commission, the then governing body of said City, complete.Plans and Specifications for such proposed. improvements, which plans and specifioations are on file in the office of the Otty Engineer of.said City., said Plans and Specifications are hereby approved and adopted for use in the construction of said improvements on°the._street hereinabove described. SECTION 5: The costs of said improvements shall be apportioned and paid for as follows, to -wit: (a) The City shall pay all of the costs of constructing said improvements within the inter- sections of said street hereinabove described, with all other streets, alleys and avenues within the limits to -be improved, exclusive of the cost of constructing all drainage lines and facilities within the said intersections, and in addition thereto, not less than one-third (1/3) of the remaining cost of said improvements.., (b) The -real and true owners of properties abutting upon said street within the limits hereinabove described shall pay and have assessed against them and their said properties,.two-thirds (2/3) of the cost of all of said improvements, including the cost of constructing the said drain- age lines and facilities within the intersections, excluding, however, that portion of the cost of. said improvements within the intersections to be paid for by the City as hereinabove provided for in Section (a) hereof. 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 liability of the real and true owners thereof, and shall be payable as follows, to -wit: The amount of said assessments shall be payable in five (5) equal annual installments, the first of v'hich to be due and pay- able Thirty-(30).days.after the date said improvements are completed and accepted by the City Counoil of the City of Beaumont, and the remaining four (4) installments to be due and payable respectively in one (1), two_(2), three (3), and four (4)- years, from and after the date of such acceptance, together with interest thereon from date. of acceptance, at the r ate, of six per cent (6�o) per annum, payable annually; provided, however, that the owners of said property shall have the privilege of paying.any one of, or all of such installments• at any time before maturity thereof, by paying the total amount of principal due, together with interest.accrued to the date of paymert further, that if default be made in the payments of any of said:l installments of principal or inte±est, promptly as same matures, then, at the option of the Contractor, or assigns, the entire amount of the assessment upon which such default is made, shall be and become immediately due and payable, together with reasonable attorneys fees and collection costs, if incurred; however, it is specifically stipu- lated and provided that no assessment shall in any case be made against any property, or the real and true -owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof, resulting from said improvements. -2- SECTION 6: In the levying and making of said assessments, if the name of the any owner be unknown, it shall be sufficient to so state the fact., and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall nct be necessary to give the correct name of any owner, but the real and true owner of the property mentioned shall be liable and the assess- ment against the property shall be valid, whether or not such owner be correctly named. It is further provided, as is stipulated by the --pro- vision of said Charter and laws, hereinabove identified, that said improvements may be omitted in front of any property, exempt from the lien of special assessment and street improvements, without in- validating or affecting the assessments against the remaining pro- perty abutting upon said street. SECTION 7: That the City Manager is hereby authorized and directed to prepare, or cause to be prepared, a Notice in the name of said City, of the- action taken herein and to execute said Notice on behalf of said City, and'the City Clerk is hereby authorized and directed to attest said Notice with the seal of said City, and to file same with the County Clerk of Jefferson County, Texas, among the Mortgage Records of said City. SECTION 8: That whereas, the City Commission, being the then governing body of said City of Beaumont, has heretofore advertised for and received competitive bids on -the construction of said improvements for the length of time and in the manner and form as required by the Charter of said City and the laws of the State of Texas, and the City Council did, after having duly made appropriation of available funds to cover the estimated cost to said City for said improvements, award a contract for the construction of said improvements to Trotti & Thomson, Inc. on its lowest and best bid,said contract having been heretofore duly executed on behalf of said City and by Trotti & Thomson, Inc., and is dated March 26, 1948. It is therefore, hereby determined and directed that said improvements herein ordered be con- structed and done in.accordance with, and under the terms of said contract. SECTION 9: That the City Engineer of said City is -hereby directed to prepare and file with the City Council estimates of the costs of such improvements and estimates of the amount per front foot pro- posed to be paid by and assessed against the properties abutting upon said street herein ordered improved based upon.the bid prices contained in said above described contract, all as required by and in accordance with the provisions of the Charter and Acts hereinabove identified and under which said improvements are being had and con- structed. PASSED by the City Council, this day of April, 1948. MAYOR STATE OF TEXAS COUNTY OF JEFFERSON 225193 I0TOW ALL :1EN BY THESE PRES 'ITTS THAT the City of Beaumont, -Texas, acting by and through its duly elected and constituted City Council has, by ordinance duly enacted on the 20 'day of -`April, 1948, determined the neces- sity for, and ordered, the permanent iraproverient of the hereinafter _ .naraed street or portion_ thereof, within the. limits hereinbelow . defined, within the City of Beaumont., Texas; in the manner, and frith the materials as are provided for in the Plans and Specifica- tions for said improvements prepared., or to. be, prepared, by the City Engineer and as approved and adopted by said City Council, said street to be improved being described as follows, to -wit NORTH STREET, from the !,est line of Eleventh Street to the East line of Calder Place Addition. .That the said ordinance -above identified, expressly pro- vides that a portion of the cost of said improvements shall be -paid by, and specially against, gainst, the properties abutting upon said street within the limits above defined, and the real and true owners thereof, and that such portion of said cost so assessed shall be secuxted by a First and Superior Special Assessment Lien against said abutting properties and a personal claim of liability against the respective real and true owners thereof. IN TESTIIOPIY THEREOF, the City of .Beaumont, 'Texas has caused this Notice to be executed on its behalf by its City Manager and attested by its City Clerk pursuant to the terms of said ordinances'• : on this the —day of April, 1948. AiSr: ;'a•,,}, .fir", •,��:, _,�: CITY OF BEATLMOrti T , TEXAS City Manager. -1- THE STATE OF TEXAS COUN1^X.OF.JEFFERSON BEFORE 17, the undersigned authority, a Notary Public in and for said 0oun^^ty and State, on this day personally appeared ` `S rar.aie n known to me to be .the person whose name is subscribed tb the foregoing instrument as City Manager of the City'of Beaumont, Texas, and acknowledged - to me that he executed the same for the purposes and consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER Iff HAIM AND SEAL OF OFFICE, this the day of April, A. D., 1948. �.�.i J TyAblio,in and fo (H-ot Je fe -son County, T E X A S. l -2-