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HomeMy WebLinkAboutORD 79-34 ORDINANCE NO. S,el 1020223 ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN TO THE APPARENT ABUTTING PROPERTY OWNERS ON BLOSSOM, SIMPSON, SIMON AND PIERRE DRIVES AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS DE- SCRIBED HEREIN, AND TO THE ACCURACY, SUF- FICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN' CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MANNER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR EXCEEDING THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST THE SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS, AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS, AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; LEVYING ASSESSMENT, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES SO ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IMPROVE- MENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, Texas, has heretofore by duly enacted ordinance declared and determined the necessity for and ordered the permanent improvement of Blossom, Simpson, Siren and Pierre Drives, public streets of the City of Beaumont, in accordance with plans and specifications which were by such ordinance also approved; and, WHEREAS, said City Council of the City of Beaumont, Texas, after having advertised for and received bids on the construction of said improvements for the length of time and in the manner and form required by the Charter of said City and the laws of the State of Texas, and after having duly and regularly made appropriation. to cover the estimate cost of said improvement, all as provided by the Charter of the City of Beaumont and by law, did award a contract for the construc- tion of said improvements to the contractor submitting the lowest and best bid and said contract has been heretofore duly executed by said contractor and the City of Beaumont, Texas, and the construction bond, and payment bond, required by said contract has been properly furnished and posted by said contractor and accepted by said City Council of said City as to form and amount as required by the Charter of said City and the laws of the State of Texas; and, WHEREAS, the said City Council caused the City Engineer to prepare and file estimates of the cost of such improvements and the amounts per front foot proposed to be assessed against the property abutting said street to be improved, and the true owners thereof, and said City Engineer did file said estimates and a statement of other matters relating thereto with said City Council, and same were received, examined and approved by the City Council; and, WAS, the City Council of the City of Beaumont ordered that a hearing be given to the real and true owners of property abutting upon said street, within the limits specified, and unto all persons owning or claiming any such abutting property or interested in said property or any of said matters as to the assessment and as to the amounts pro- posed to be assessed against each parcel of such abutting property, and the real and true owners thereof, and as to the special benefits to said abutting property and the owners thereof by means of said improvements for which assessments are to be levied, and as to the accuracy, sufficiency, regularity and validity of the proceedings and contracts in connection with said improvements and proposed assess- ments, and concerning any matter or thing connected therewith; said hearing to be held in the City Council Chambers of the City Hall of the City of Beaumont, Texas, at 10:00 a.m. on the 17th day of March, 1979, at which time all persons, firms, corporations, or estates owning or claiming any such abutting property and their agents or attorneys, or persons interested in said proceedings might appear in person or by counsel and offer evidence; and, WHEREAS, the City Clerk of the City of Beaumont, Texas, was ordered to give notice of said hearing as required by the law of the State of Texas; and, WHEREAS, said notice by publication and mailing, as ordered and directed by the City Council, has been duly given, said notice so published and mailed having described the nature of the improvements -2- for which assessments were proposed to be levied, having stated the street or portion thereof to be improved, the estimated amounts per front foot proposed to be assessed against the abutting property and the owners thereof, and having stated the time and place at which said hearing should be held, and said notice having in all respects fully met and complied with all provisions of the law of the State of Texas; and, WHEREAS, at said hearing all parties desiring or in any manner wishing to be heard concerning any of the matters mentioned in said ordinance ordering and fixing the date of said hearing and in said notice, and as to any other matters connected with said improve- ments, contracts and assessments having been heard, considered and corrected; and said City Council having heard evidence as to the special benefits of and to said abutting property and each parcel thereof and to the respective owners thereof in the enhanced value of said property by means of such improvements, and said City Council having heard and considered the evidence in the premises and having given a full and fair hearing to all parties appearing or desiring to appear, and having determined at such hearing said special benefits as aforesaid, and having determined that there is not to be assessed against such abutting property and the owners thereof more than that assessment rate allowed by law; and having determined that after making adjustments for any particular cases as may be described herein, the assessment rate is just and equitable having in view the special benefits in enhanced value to be received by the parcels of abutting property and the owners thereof, the equities of such owners and the adjustment of such apportionment of costs along all properties and the owners thereof so as to produce a substantial equality of benefits received and burdens imposed; and the City Council having determined at said hearing that the assessments made and the charges declared against said property owners and their property are in all things just and equitable and that in each instance the assessment made against any parcel of property and its owner is less than the special benefits -3- to said property and said owner in the enhanced value thereof by means of said improvements, and that all objections and protests should be overruled and denied; and, WHEREAS, all proceedings with reference to making the improvements above mentioned have been regularly had, and in com- pliance with the law, and all prerequisites to the fixing of the assessment lien against the properties listed and the personal lia- bility of the respective owners thereof have been performed, and upon completion of said improvements and acceptance thereof by the City of Beaumont, assignable certificates should be issued in evidence of said assessments and liens and the liability of the true owner or owners of said properties, whether correctly named or not, all as provided by law; NOW, THEREFORE, BE IT ORDADM BY THE CITY OF BEAUMONT: Section 1. THAT there be no further testimony or evidence or protest for or against such improvements at said hearing granted to the true owners of properties abutting upon the aforementioned streets within the limits above defined and to all persons owing or claiming same or any interest therein and to all others owning, claiming or interested in said property or in any of the matters hereinabove mentioned, said hearing should be and the same is hereby closed; and all protests and objections, whether specifically men- tioned or not, shall be and they are hereby overruled and denied. Section 2. THAT the City Council finds and declares that all proceedins with reference to the making of improvements on the aforementioned streets as herein listed, have been fuly and regularly had in compliance with the law and the Charter of the City of Beaumont, that all prerequisites to the making of said contract for such work and improvement and all prerequisites to the fixing of the assessment lien against the properties listed and the personal lia- bility of the respective owners thereof, whether named or not have been in all things performed and complied with; and said City Council further finds -4- and declares that all persons interested have been given a full and fair hearing; that there is not to be assessed against such abutting property and the owners thereof more than all the costs of constructing, reconstructing, repairing and realigning curbs and gutters and nine- tenths (9/10ths) of the remaining costs of such improvements as shown on the estimate of the City Engineer; that adjustment and apportion- ment of costs amounts to all properties and the owners thereof have been made in full compliance with thelaw so as to produce a substantial equality of benefits received and burdens imposed and that the special benefits to each parcel of property and the owner thereof in the en- hanced value thereof by means of said improvements is in each instance in excess of the amount of the assessment made against said parcel of property and its owner; and that the assessments, liens and charges declared against said properties and their owners are in all things just and equitable. Section 3. THAT in pursuance of theordinances and resolutions therefore adopted and passed by the City Council of the City of Beaumont, relating to the improvements of said portion of said street and in pursuance of the abovementioned contract for the construction of said improvement, the estimates, reports, lists and statements of the City Engineer, and the notice and hearing aforesaid, and by virtue of the powers conferred and contained in Article 1105-b of Vernon's Annotated Civil Statutes of Texas, and as adopted by the Charter of the City of Beaumont, Texas, there shall be and there is hereby levied and assessed against the properties abutting on said portion of said streets heretofore ordered improved, and against the real and true owners thereof, respectively, the following amounts, the description of said properties and the apparent owners thereof, respectively, and the several amounts so assessed being as follows: -5- 1 ASSESSMENT PAVING ROLL PETITION N0: 74-5 ❑ PRELIMINARY 10 JOB. NO. j ❑x FINAL SHEET NO. 1 OF STREET/S Blossom Drive, Simpson Drive, Simon Drive and Pierre Drive Fleetwood Addition P 1`:E`-1L�:T 2 6 f t. concrete pavement PROPERTY 01'.1"IER'S COST $8.00/$10.00 PAR FRONT FOOT PROPERTY OVINER AND MAILING FRO'\.1T PROPERTY G',-NIER'S COST PROPERTY ADDRESS LOT SLY.. FOOT $8,00/FT. $10.00/FT. LOCATION i Allen, Helen Marie 12, 13 6 110. 39 $1,103 . 90 Pierre ' 4455 Winston Beaumont, Texas 77705 Andrews, Gera D. 13, 12 11 104 .24 1, 042 . 40 Blossom 3115 Elinor Beaumont, Texas 77701 Bernard, Wallace J. 24 8 84 . 89 848 . 9.0 Simon 3085 Rockwell .Beaumont, Texas 77701 Bossette, Eddie A. 1, 2 & 3 11 150 1, 500 . 00 Blossom 3575 Blossom Beaumont, Texas 77705 Briggs, Heblet, Jr: 7, 8 6 100 1, 000 . 00 Pierre 2755 Rockwell Beaumont, Texas 77701 Broussard, James L. 16, 17 7 100 1, 000. 00 Simpson 4160 Simpson Beaumont, Texas 77701 Brown, Charlie C. 0 2, 3 & 9 125 1, 250. 00 Simon 3255 Elmira, Apt. 92 fq 1/2 4 Beaumont, Texas 77705 i 1 Bryant, Lloyd 22, 23 7 100 1 , 000. 00 Simon' 4240 Simpson Beaumont, Texas 77701 Davis, Armster *S.pt. 6 40.97 1, 605. 68 Pierre 2300 Holly Ave. 14 173.12 Blossom Las Vagas, Nev. 89106 214 . 09 �. -NJTES CORNER. LOT, DISCOUR!T PATE INCLUDED IN ASSESSMENT PATE FOR SIDE LOTS. C NH S IN PARENTHESIS REFLECT 01JINER'S AS LISTED ON CITY OF BEAU"-rNT TAX ROLL. -6- O ASSESSMENT PAVING ROLL PETITION NO. 74-5 ❑ PRELIMINARY 10 JOB. NO. ® FINAL SHEET NO. 2 OF ST?rET/S Blossom Drive, -Simpson Drive, Simon Drive and Pierre Drive Fleetwood Addition 26 ft. wide concrete -pavement PROPERTY OVJNER'S COST $8.00/$10.00 PER FRO'N'T FOOT PROPERTY OVINER AND MAILING FRONT PROPERTY 01•-jNER'S COST PROPERTY ADDRESS LOT BLK. FOOT $8.00/FT. $10.00/FT. LOCATION Durden, Marvin 5, E 9 125 1, 250 . 00 Simon ` 4245 Simon 1/2 4 & Beaumont, Texas 77705 6 Goolsby, John H. 18 & 19 8 100 1, 848. 9-0 Simon 4220 Simon & Lot 1 84. 89 Beaumont, Texas 77705 184. 89 Guillory, Leon, Sr. *14, 15 8 31. 95 1, 899. 38 Simon 2995 Edmonds 221. 30 Blossom Beaumont, Texas 77705 253. 25 Jenkins, Willie A. *15, 14 7 115. 30 1, 764. 75 Simpson 4040 Avenue A 120 Blossom Beaumont, Texas 77705 235 .30 Kaufman, John H. , Jr. 5, 6 10 93. 51 935 .10 Blossom 1135 Elgie Beaumont, Texas 77705 Kinnear, Michael P. 4 , 5 11 100 1, 000. 00 Blossom P. O. Box 1375 Beaumont, Texas 77705 -Kyle, Walter 2, W. 10 75 750. 00 Blossom 2875 Washington Blvd. 1/2 3 Beaumont, Texas 77705 LaDay, Thomas 9, 10, 11 9 253. 42 2,534. 20 Blossom 1035 Hale Beaumont, Texas 77703 Martin, Chauncey L. 4, 5 7 100 11000:00 Pierre 4245 Pierre Beaumont, Texas Nobles, Stephen A. 26 7 81. 83 818. 30 Simpson 3542 Pradice Texas 7705 r DENOTES CORNER LOT, DISCOUNT RATE INCLUDED IN ASSESSMENT RATE FOR SIDE LOTS. C )___TT-T'"cS Ira PARENTHES I S REFLECT Ot-eVER'S AS LISTED ON CITY OF BEAU-rNT TAX ROLL. r i i ASSESSMENT PAVING ROLL PETITION NO. 74-5 ❑ PRELIMINARY ' JOB. �lO. 10 t j FINAL SHEET NO. 3 OF t STP.rFT/S Blossom Drive, Simpson Drive, Simon Drive and Pierre Drive Fleetwood Addition °AVE"1ENT 26 ft. wide concrete pavement PROPERTY 01i4•�=Ri S COST $8.QO/$10.0Q PAR FRONri FOOT i _ PROPERTY OKNER AND MAILING FRONT PROPERTY GrINER`S COST PROPERTY ADDRESS LOT BLK. FOOT $8,00/FT. $10.00/FT. LOCATION I Percy, C. Willard 9, 10,11 6 150 1,500. 00 Pierre ■ 4160 Pierre { Beaumont, Texas 77703 Petry, Ruby N. 1 . 9 87. 94 879. 40 Simon 1491 Louisiana Beaumont, Texas 77702 Phillips, Glenn E. 1 10 87. 94 879. 40 Blossom 1 1140 Georgia Beaumont, Texas Richard, Wilfred 14 9 87 . 94 . 879. 40 Blossom f 5350 Bernard Cir. I Beaumont, Texas 77705 Russell, Lewis C. , Jr. 1 6 78. 78 787 . 80 Pierre 2898 Cedar W. Beaumont, Texas 77702 Samuel, Willie E. 6, 7 7 100 1, 000. 00 Pierre 4225 Pierre Beaumont, Texas .-Scott, Capt, Josep$ L. 2 , 3, 4 6 150 1, 500. 00 Pierre -2636 Ellsworth Ave. Omaha, Neb. 68123 { Simmons , Alexander 8, 9 7 100 1, 000. 00 Pierre 234n Ranier Beaumont, Texas ' 77701 Simpson, M. J. 2, 3 8 100 1, 000. 00 Simpson 3250 Simpson Beaumont, Texas 77704 DENOTES CORNER. LOT, DI SCOUMT RATE INCLUDED IN! ASSESSM NT RATE F04 S I DF LOTS. C NAMES IN PARENTHESIS REFLECT 01VP,!ER t S AS LISTED ON CITY OF BEAU--Ire vT TAX POLL. -8- A SSIESSMEENT PAVING ROLL PETITION NO. 74-5 ❑ PRELIMINA'?Y JOB. NO. 10 ® F I t Al- SHEET NO. 4 0= STRrET/S Blossom Drive, Simpson Drive, . Simon Drive and Pierre Drive Fleetwood Addition PAVEMENT 26 ft. wide concrete pavement PROPERTY O.• ,fER COST.PR �!I' S' _ PER Ffi0"tT FOOT rRO, ERTY OYli 1ER ��3D 1ILI1�.G w FROG.f Pub, ARTY G !i*ER'S COST pr G?E 'TY ADDRESS ^LOT BLK. FOOT $g,pp/FT. $1G.00IFT. LOCATION Thomas, Theophilous 22 , 23 8 100 1, 000.00 Simon 4270 Simon Beaumont, Texas 77703 Walker, Lloyd 4, E. 10 75 750. 00 Blossom 3172 Bolivar 1/2 3 Beaumont, Texas 77701 Woods, Charlie R. 6 , 7 11 100 1, 000. 00 Blossom I 3045 Bolivar Beaumont, Texas 77701 t s DEEINMES CO?Nr-7 . LOT, DISCOUMT RATE INCLUDED IAN ASSESSMENT RATE FOR SID= LOTS. D-4 PARENTHESIS REFLECT 01:!NP-R'S AS LISTED n.r CITY OF PFAUV')NT TAX ROLL. -9- �---= ASSESSMENT PAVING ROLL SUMMARY SHEET PETITION NO. PRELIMINARY J03 N0. FINAL SHEET NO. 5 OF STREET/S PAVEMENT PROPERTY OWNER'S COST $8.00/$10.00 PER FRONT FOOT PRELIMINARY , TOTAL ESTIMATED COST OF CONSTRUCTION $ TOTAL PROPERTY OWNER'S COST @ $8.00 RATE $ TOTAL PROPERTY OWNER'S COST @ $10.00 RATE $ TOTAL ESTIMATED CITY'S COST IF PROPERTY OWNER'S RATE @ $8.00 $ TOTAL ESTIMATED CITY'S COST IF PROPERTY OWNER'S RATE @ $10.00 $ FINAL TOTAL OWNER'S COST $ 57, 341. 87 LESS PREPAID BY PROPERTY OWNER'S @ $8.00 RATE $ 21, 014. 36 TOTAL ASSESSMENT - $ 36, 327. 51 TOTAL ESTIMATED CITY'S COST $ 222 ,658. 13 TOTAL ESTIMATED COST OF IMPP.OVEMENTS $ 280, 000. 00 -10- Section 4. THAT said several amounts, together with interest, expense of col- lection, if any, and reasonable attorneys' fees, if incurred, shall be and the same are hereby declared to be a first and prior lien on and against said respective abutting properties, and said amounts so assessed, together with said other items, shall be and the same are hereby de- clared to be personal liabilities and charges against the true owners of said properties, respectively, whether named or not, all as provided in said Article 1105-b of Vernon's annotated Civil Statutes of Texas, as adopted by the Charter of the City of Beaumont as aforesaid; expense of collections, if any, and reasonable attorneys' fees, if incurred, shall be a first and prior lien on the property assessed, superior to all other liens and claims except State, County and City ad valorem taxes, and shall be a personal liability and charge against the said owners of the property assessed; that said sums so assessed shall be payable as follows, to wit: In five equal installments, one install- ment 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%) percent 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 if default shall be made in the payment of any interest or principal when due, the whole of said assessment, upon such default, shall at once become due and payable at the option of the City of Beaumont, or their assigns. The said amount payable by the property owners may also be payed, 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 (60) percent 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 permissible. -11- Section 5. THAT for the purpose evidencing said assessments, the liens securing same and the several sums payable by said property owners and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Beaumont upon completion and acceptance of said improvements, which certificates shall be executed by the Mayor and attested by the City Clerk, with the corporate seal affixed, and shall be payable to the City of Beaumont, or their assigns; said certificate shall declare the said amounts and the time and terms of payment thereof, the rate of interest payable thereon, the description of the respective properties against which the aforementioned assessments have been levied, sufficient to identify same, and same shall contain the name or names of the apparent owners thereof. Said certificates shall further set forth and evidence the assessments levied and shall declare the lien upon the respective pro- perties and the liability of the true owner or owners thereof, whether correctly named or not, and shall provide that if default be made in the payment thereof, same shall be enforced by a suit in any court having jurisdiction. And the said certificates shall further provide that if default be made in the payment of any installation of principal or interest thereon when due, then, at the option of the owner and holder thereof, the whole of said assessment shall become at once due and payable and shall be collectible with interest, expense of col- lection and a reasonable attorneys' fee if incurred. Said certificates shall further recite that the proceeding with reference tomaking the improvements therein referred to have been regularly had in compliance with the law and the Charter of the City of Beaumont, and that all prerequisites to the fixing of the assessment lien against the property described and the personal liability of the owner or owners thereof have been performed, which recitals shall be evidence of all the matters recited in said certificate and no further proof thereof shall be required. -12- Provided, that the failure to issue any such certificate or certificates shall in no way invalidate any of the assessments herein levied, but such assessments shall in any event be due and payable as herein provided. Section 6. 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 not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordi- nance are declared to be severable. PASSED BY CITY 0 CIL of the City of Beaumont this the day of 1979. A - Mayor - Maurice Meyers -13- THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Maurice Meyers, 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 OFFICE, this the `�-- day of _ , A. D. , 19 7 r Notary Public in and for Jefferson County, Texas. Ruth A. Bassett i `• a wfi •.,,y�` rat� . FILED FOR PECORD /'z zl�- 1020223 COUNTY CLERK JEFFERSON COUNTY.TEXAS MAY 17 f 25 �1 a I WORDS STATE OF TEXAS 4tt%ly Co COUNTY OF JEFFERSON I hereby certify that this instrument was FILED for RECORD on the date and at the time stamped hereon; and duly RECORDED without delay in the Volume and Page of the above named RECORDS of Jefferson County, Texas as stamped hereon by me. SON tot ti COUNTY CLERK JEFFERSON COUNTY, TEXAS