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HomeMy WebLinkAboutORD 10-JLEVYING assessments against property abutting on Jackson Street from west Line of Sabine Pass Avenue to east line of Pennsylvania Avenue; in the City of Beaumont in Jefferson County, Texas, and the owners thereof; and against railroad property and the owners thereof for a share of the cost of improving said portions of said street; fixing personal liability on the respective owners thereof and fixing liens on said respective parcels of property; providing the time and terms of payment of said assessments and penalties for default; authoriz- ing the issuance of special assessment certificates to the contract- or, evidencing said obligations and liens; accepting the work of said improvement, and declaring an emergency. IN TEREAS, the City Commission of the City of Beaumont in Jefferson County, Texas, heretofore ordered the improvement of Jackson Street from the west line of Sabine Pass Avenue to the east line of Pennsylvania Avenue (except street intersections already paved and im- provedl, all as specified in the Resolution ordering such improvement, to which reference is here made; and, MI EREAS, after due advertisement for bids as required by the Charter of said City, contract for making said.improvements was awarded to Scott Shambaugh, Who -entered into contract with said City under date of the 28th day of July, 1931; and said contractor execut- ed and delivered to the City proper construction and maintenance bonds which were duly approved by the City Commission of said City; and, v°1IEREAS, as provided for in the Charter of said City, the City Engineer furnished to the City Commission a written, --'statement showing a description of property and the names of the owners thereof, with an estimate of the cost of such improvement to each property owner as required by said Charter, which statement was duly approved by the City Commission and a time and place was fixed by the City Commission for a hearing to be given to such owners, and notice of the time, place and 1urpose of such hearing was duly and legally given as required by said Charter; and, WHEREAS, said hearing was held at the time and place specified in said notice, and after all owners a.ndothers interested had been given a full and fair hearing, saidhearing was closed and all protests acted upon as shown by the proceedings of the City Commission heretofore had and entered on the minutes of said City, to all of which reference is here made; and, IPMEREAS, thereafter said Contractor commenced and completed said improvements to the satisfaction of the City Engineer and the City Commission of said City; and, LAFHEREAS, the City Engineer has furnished the City Commission with a revised statement showing a description of the respective parcels of property abutting said portion of said street aforesaid, together with the names of the owners of said. respective parcels of property, and.' a description of railroad and street railway property and the names of ,` the owners thereof; which statement also shows the number -of front feet of each parcel of property abutting said portions of said street as corrected by him from actual measurements on the ground during construc- tion work, and an itemized statement of the actual cost of said improve - menta in front of each respective parcel of property as the property owners share of the cost thereof, as well as a statement of the railroad and street railway'sshareof such costs; and +1_rl-Mr `.+1 -LJ, tine Uzzy v - , - -�.bu�_tUUMUTY and is of the opinion that same as corrected is in all respects now correct and should be approved, which statement is as follows: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMIISSION OF THE CITY OF BEATRIMIT: Section 1. That the work of improving said Jackson Street from west line of Sabine Pass Avenue to east line of.Pennsylvania Avenue, be, and the same is here now accepted as being complete, in compliance with the plans and specifications and contract for said improvement.. Section 2. That there be and there is hereby levied and assessed .against each respective parcel of property above named, abutting said portions of said street aforesaid, as well as against the property of any railroad or street railway company msing, occupying or crossing the same, and against the respective owner's of said respective parcels of abutting property and the owners of said railroad or railway proper- ty, the respective sums of money mentioned and itemized in said state- ment aforesaid, with the total amount assessed set opposite the des- cription of the respective parcels of property. Section 3. The sums of money hereby assessed against the property of railroads and street railways and the owners thereof, (otherwise than abutting property) is for the improvements made between and under the rails and tracks, and two feet on each side thereof, and the sums so assessed is the cost of such improvement in such area and shall be pay- able at the times and in the manner hereinafter specified for the pay- ment of the abutting owner's share of the cost of such improvement,,' And to secure the payment of said assessments, a lien is hereby fixed and created against and upon the rails, tracks, fixtures, rights, franchises and other property of said railroads and street railways, which lien is hereby made first and superior to any other lien, claim or title, except liens for ad valorem taxes. Said assessments are hereby declared to be and are hereby made the personal obligation and liability of the real and true owners of said railroad or railway pro- perty, and such personal obligation and liability as well as the lien hereby fixed to secure the payment of said assessments, may be enforced in any court of competent jurisdiction. Section 4. That the respective sums of money hereby assessed against said respective parcels of abutting property and the Pe �rgerrs thereof, as aforesaid, and- interest thereon at the rate of seven��7 0� _per annum, payable annually as it accrues, together with reasonable attorneys fees and costs of collection, if incurred, are hereby declared to be and are hereby made the personal obligation and liability of the real and true owner or owners of said respective parcels of property s.o assessed, whether correctly named or not above and a lien is hereby created and fixed upon said respective parcels of property to 5.ecure the payment of said respective assessments, which lien is hereby declared to be super- ior to all ohh.er liens, claims,'or titles, except City, County and State taxes, and said personal liability and charge, as well as said lien, may be enforced in any court of competent jurisdiction. The owners of property named above are hereby declared to be personally obligated to pay said assessments. The lien hereby created against said respective parcels of property shall exist against the same, regardless of whet -her the name of the owner be correctly given above or not, and regardless of whether such property may be correctly described or not. of the original resolution ordering the improvement as aforesaid, (Ex- cept as may be modified by any applicable general law relating to such relating back) and shall operate from and after said date in conformity with the provisions of the Charter of said City. Section 6, The sums of money hereby assessed against abutting and railway property and the respective owners thereof, shall become due and payable ( except as hereinafter stated) as of the date of the com- pletion of said work and the acceptance thereof by said City as evidenc- ed by/( -a resolution of acceptance, and if said assessments are not paid at said time, they shall bear interest from such date until paid at the rate of seven per cent per annum, payable annually as it accrues, and all past due interest shall bear interest from the maturity thereof until paid, at the same rate per annum, payable annually as it accrues. Provided, however, that if the owners of any of said respec- tive parcels of property shall have contracted with the contractor mak- ing said improvements for the privilege of paying said assessments on the deferred payment plan, then said respective assessments shall mature at the times and ift the manner provided for in said contracts, in which event said assessments shall bear interest at the rate of seven per cent per annum from date until paid, payable annually as it accrues, and all hast due interest shall bear interest from the mattrity thereof until paid, at the same rate, payable annually as it accrues. In all cases of deferred payments, each such owner or her, his or its successor in the title thereto, or any one interested therein, shall have the privilege of discharging the whole amount assessed against him, or any install- ment thereof at any time before ma-twrity upon bayment thereof with accrued interest. In the event of default in the payment of any install- ment of either principal or interest on said respective assessments, then at the option of the holder thereof, the whole of the same may be declared due and payable, without notice, whereupon all unpaid principal and interest together with all costs and reasonable expenses for collect9 ing the same including reasonable attorney's fees, if incurred, shall be collectible, as a personal obligation of the owner of said respective parcels of property and shall be secured by a lien on said respective parcels of property, with the superiorities hereinbefore set forth and stated, and such personal liability and lien may be enforced in any court having jurisdiction. Section 7. If default shall be made in the payment of any installment of either principal or interest, whan due, then at the option of the con- tractor or other legal owner and holder thereof, said obligation shall at once mature in full, without notice, and the full amount of the prin- cipal thereof then unpaid, shall be collectible with accrued interest, costs and expenses of collection, including reasonable attorney's fees, if incurred. Section 8. The City.of Beaumont shall not in any manner be liable to the contractor or other holder of said obligation and liens, for the payment of any of the sums of money so assessed as aforesaid by said contractor and his assigns or other holder thereof shall look solely and only to said property and the owners thereof for the payments of said sums of money, but the City of Beaumont, shall, upon request of the holder of any of said obligations and liens, exercise all of its lawful powers to aid in the enforcement of said obligations and liens; provided, however, that before said City shall be required to render such aid, it shall be first indemnified to its entire satisfaction against the payment of all costs and expenses of such aid, in whatever manner such aid may be rendered. For the purpose of evidencing the obligations and liens aforesaid and to aid in. the enforcement thereof, assignable certifi- cates. shall be issued by said City to said Contractor or his assigns, upon the completion of said improvement aforesaid and its acceptance by the City Commission, which said certificates shall be executed -in the name of said City by its Mayor and attested by its City Clergy, with its corporate seal affixed to _each certificatel but it shall , not be necessary to affix the seal to any coupon. Said certificates shall be payable to the contractor or his assigns, at the times and in the manner hereinbefore specified, and shall state the total amount of the assessment, the name or names of the respective owners of such property, with a description of said respective parcels of property by lot and block number and addition to said city or by such other description as shall be sufficient to properly identify the same; shall state the rate of and how the principal and interest shall be payable; shall provide that the owner or any successor in the title may pay off the whole of the same at any time or any install- ment thereof upon payment of unpaid principal with accrued interest; shall recite the date of the ordinance by virtue of which said certi- ficate is issued, as well as the date of the contract for such improve- ments, and the date of the completion of same and acceptance by the City; shall provide for accellarative maturity in the event of default in payment of any installment of principal or interest when due, with penalties for such default, including costs of collection and. reason- able attorney's fees if incurred; shall .recite the personal liability and liens and the superiority thereof as provided for in the Charter of said City and shall further recite that the proceedings with re- ference to making said improvements have been regularly had in com- pliance with the terms of the Charter of said City and that all prere- quisites to the fixing of the lien and claim of personal liability evidenced by such certificates have been performed, and such recitals shall be prima facie evidence of the facts so recited, and no other proof shall without further proof, be presumed. to have been had and performed. Said certificates, in the event ownershave contracted for deferred payments asaforesaid, may have coupons attached to said certi- ficated evidencing said deferred payments in such form as may be satisfactory to the Mayor and City Clerk and shall be signed with the fac similie signatures of the Mayor and City Clerk of said City. Said certificates need not be in the exact language speci- fied above, but may be in an, form sufficient to carry into effect, under the provisions of the harter of said City, all recitals necess- ary to make the same prima facie evidence of said obligation and lien and the right t o enforce the same, as hereinbefore provided, and if substantial conformity with the piqovisions of the Charter and of this ordinance/ shall be sufficient. Section 10. The fact that said portions of said street have been com- pleted and should be opened to traffic for the safety of the travelling public and the further fact that said work shXould be accepted at once and settlement made with the contractor so as to prevent the City from becoming liable for interest on the assessments, creates an imperative public emergency necessitating the suspension of the rule requiring all ordinances to be read more than one time or at more than one meet- ing, wherefore., such rule is hereby suspended and this ordinance shall be in full force and effect immediately from and after its passage and approval. Passed and approved, this the 6 day of A. D. .9 1931.9 by the affirmative vote of all mem ers of the City Commission. MAYO/, City o,Y Beaumont.