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Home My WebLink AboutORD 28-U0_11, .%% ) �, -J .. E �7 I� AN ORDINANCE ENTITLED AN ORDINANCE DETERMINING THE -NECESSITY FOR AND -ORDERING THAT CERTAIN STREET NAMED HEREIN BELOW WITHIN THE LIMITS INDICATED, BE PERMANENTLY IMPROVED;_APPROVING AND ADOPTING.THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER FOR THE CONSTRUCTION.OF SAID.IMPROVEMENTS; PROVIDING THE MANNER IN.WHICH THE.COST OF SAID IMPROVEMENTS SHALL BE PAID; AUTHORIZING THE CITY -CLERK TO AD- VERTISE FOR BIDS FOR THE IMPROVEMENT OF THAT STREET NAMED BELOW WITHIN THE LIMITS INDICATED AND.AS.PER. PLANS AND SPECIFICATIONS -HERETOFORE PREPARED BY THE CITY ENGINEER;.DIRECTING THE CITY MANAGER TO CAUSE TO.BE PREPARED AND TO -FILE THE NOTICE OF THE ENACT- MENT OF THIS ORDINANCE WITH THE COUNTY CLERK OF JEFFERSON.COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. 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, as follows, to wit: Arthur Lane in Lynwood Terrace Addition to The City of.Beaumont from Cleveland.Street to Steel- ton Street. Section 2. That it is hereby ordered that ;the aforesaid street within the limits above described shall be improved by filling, grading, raising, paving, repaving, or repairing same as follows, to wit: The street.paving shall be constructed of six inches ( 6P@ ) Reinforced Portland Cement Concrete pavement together with Integral Curb and Gutter, and by the construction of such storm sewers and drainage facilities and other necessary inciden- tals and appurtenances, all as deemed adequate by the City Engineer as provided for in the plans and specifications for such improvements hereto- fore prepared by the City Engineer and hereinafter approved and adopted. Section 3. In providing for and making such improvements it is hereby determined to proceed under and in the exercise of the powers, terms, and provisions of the Acts of the First Called Session of the 40th Legislature of the State of Texas, 1927, Chapter 106, said Act being commonly known as Article 1105-b of the Revised Civil Statutes of the State of Texas, 1925, as amended, which Act is adopted by Article XIV, Section 2, of the Charter of The City of Beaumont. Section 4. That, whereas, the City Engineer has heretofore prepared and filed with the City Council of The City of Beaumont complete Plans and Specifications for such proposed improvements, which Plans and Specifications are on file in the office of the City 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 wito (a) The City of Beaumont shall pay to the Contractor forty per cent (40%) of the total cost of all street and storm sewer improvements including the eight and one half per cent. (81%) Engineer- ing fee. From this forty per cent. (40%) shall be deducted the total Engineering fee of. -eight and one half per cent. (11%). The balance shall be paid -to the Contractor in cash. (b) The property abutting upon said street to be im- proved hereunder and the real and true owners thereof shall pay to the Contractor sixty per cent. (60%) of the total -cost of all street and storm sewer improvements, including the eight and one half ($2%) per cent. Engineering fee. Eight and one half per cent. ($2%) of the total cost of said improvements shall be added to and included in the cost of said im- provements to cover the cost of engineering, advertising, and contin- gencies, which amount shall be included in the cost of said improve- ments to be apportioned between the property owners and said City as hereinabove provided. The total amount of such engineering and inci- dental expenses will be deducted from the City's portion of the cost to be paid to the Contractor. 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 - 2 - d, 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 which. -,to be due and payable thirty (30) days after the date said improvements are completed and accepted by the City Council of The City of Beaumont, and the remaining four (4).installment s to be due and payable,respectively,_in�one (1)0 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 rate -of six_per cent. (6J) per annum, payable annu- ally; 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 payment; further, that if default be made in the payment of any of said installments - of principal or interest, promptly as -same matures, then, at the option of the Contractor, or his as- signs, the entire amount of the assessment upon which such default is made, -shall be and become immediately due,_and payable, together with reason- able attorney"s.fees and collection costs, if it- curreed; however, it is specifically stipulated 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. Section 6. In the levying and making of said assessments, if the name of 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 corpora- tion, it shall be sufficient to so state, and it shall not be neces- sary to give the correct name of any owner, but the real and true owner of the property .mentioned shall be liable and the assessment against the property shall be valid, whether or not such owner be correctly named. It is further provided, as is stipulated by the provision of said charter and the laws hereinabove identified that said im- provements may be omitted in front of any property, exempt from the lien of special assessment and street improvements, without invalida- ting or affecting the assessments against the remaining property abutting upon said street. - 3 - Section Z. That the City Clerk of The City of Beaumont is hereby authorized to advertise for and receive competitive bids on the construction of the aforesaid improvements for the length of time and in the manner and form as required by the Charter of The City of Beaumont and the laws of the State of Texas, especially Article VII, Section 8 of the Charter of The City of Beaumont, and Article 236$-a of the Revised Civil Statutes of the State of Texas, 1925, as amended. Section 8. 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 be- half 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 County. PASSED by the City Council this 7th day of June, A.D. 1949• - Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON 215`.696 KNOW ALL MEN BY THESE PRESENTS® Cj ! !C > � ,' THAT The City of Beaumont,_Texas, acting by and through its duly elected and constituted,City Council, has by ordinance duly enacted on the 7th day of June, 194.9, determined the necessity for and ordered the permanent improvement of the hereinafter named street or portion thereof within the limits herein below defined, within the City of Beaumont, Texas, in the manner and with the materials as are provided for in the Plans and Specifications 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: Arthur Lane in Lynwood Terrace Addition to The City of.Beaumont from Cleveland Street to Steel- ton Street. That the City ordinance above identified expressly provides that a portion of the cost of said improvements shall be paid by, and specially assessed against, the property 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 secured 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 TESTIMONY WHEREOF, 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 this ordi- nance, on this the 8th day of June, A.D. 1949. THE CITY OF BEAUMONT, TEXAS By: Pv.11.�u- Cit anger No Text THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared Willie J. Brockman, City Manager of the City of Beaumont, Texas, known to me to be,the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and considera- i e7Verein expressed and in the capacity therein stated. 10IVEN under rry hand and seal of office this the 8th dap of June, A. D. rtj`Lf-fff �5�,•w Notary P lic in and for Jeff son County, Texas THE STATE OF TEXAS 0 : COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared Lamar Combs, City Clerk of the City of Beaumont, Texas, known to me to be the peraan 9-nd officer whose name is subscribed to the foregoing instrument and ac- *kr rTiedjed tome that he executed the same for the purposes and considerations } 'e"th_er'p :n expressed and in the capacity therein stated. GIVEN under nV hand and seal of office this the 8th day of June, A. D. P� "v Not ublic in and for 6tferson County, Texas THE STATE OF TEXAS County of Jefferson I, FRED G. HILL, County Clerk, of Jefferson County, Texas hereby certify that the foregoing instrument of writing was filed for record on the..../..qday of ................194.9...., at.4!..V.. ..o'clock .M., and recorded on the ........... �... !�!................ day of ............,-av..................19:4.9...., at.e.-..o'clock.4. M., in the .............�........ it ....... ......................................... Records, Jefferson County, Texas, in volume....&..page .... o2../7...........................et seq. Witness my hand and seal of office at Beaumont, Texas, the day and year last above wB ritten FRED G. HILL, ........................................... . ........................ o Deputy. County Clerk, Jefferson County, Texas 20M 5 -49 --GB