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HomeMy WebLinkAboutORD 94-DAn Ordinance ' .1 4�l Entitled an ordinance levying and assessing as a tag upon lots, parts,oflots, blocks or tracts of land where not divided into" lots or blocks, fronting or abutting on Neches Street from Forsythe Street to Railroad Aveme; Sabine Pass Avenue from Railroad Avenue to Frederick Street; Frederick Street from Sabine Pass Avenue to Pennsylvania Avenue, two thirds (2/3) of the cost of paving and gutt er• and incidental drainage and all the cost of curbing said Neches Street from Forsythe to Railroad Avenue, Sabine Pass Avenue from Railroad Avenue to Frederick Street; Frederick Street from Sabine -Pass Avenue to Pennsylvania_ Avenue; apportionable to the hereinafter referred to' property; and declaring said tag a lien upon said property and a debt upon the owner or owners thereof and providing a time when said tax shall become due and payable, providing for the collection of the same and all costs incurred in collecting same," if not paid at the time it becomes due and payable; and providing the rate of interest said tax shall bear from the time it becomes due" until paid; and declaring an emergency. Whereas, pursuant to the requirements of Subsection h of Section 68 of the Charter of the City of Beaumont, the ,City Com- mission of :the City -of Beaumont caused to be published, 'for the time and in the manner required therefor by the City Charter, a notice of a Resolution of said Commission passed heretofore on the 8th day of January, A.D., 1924, ordering a hewing to be given to the persons, firms, corporations or estates, their agents or attorneys owning property or abutting on Neches Street, from Forsythe to Railroad Avenue;. Sabine Pass Avenue from Railroad Avenue to Frederick Street; Frederick Street from Sabine Pass Avenue to Pennsylvania Avenue, and calling upon all persons interested in said matter to appear and show cause, in conformity with the pro- visions of the charter above referred to, why the said assessment should not be made against said property and the owners thereof, which hearing was to'be held in the council chamber of the City Hall of Beaumont, Texas, at 10 A.M. on the 29th day of January, A.D., 1924. And Whereas, a full and � fair hearing in conformity of the charter and the law in such cases having been had in conformity with said notice, and the Commission having inquired into and 'deter -mined all facts -necessary to the adjudication of all- special! benefits accruing to such owners by means of such improvements, and said hearing having been duly closed; And it appearing that the assessment as proposed in the above mentioned Resolution passed on the 8th day of January, A.D. , 1924, with the exceptions hereinafter noted are in all respects fair and equitable, and that there -=.is, and (or) will be a full and adequate and special benefit to the abutting property and the owners thereof from and by reason of the constructed and , proposed pavement and improvement in excess of the amount assessed against the abutting property and the respective owners thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C.MWISSION' OF THE CITY OF BEAUMONT : Section 1. _ That there is hereby assessed against the several owners of property and against their respective property abutting upon Neches Street from'Forsythe Street to,Railroad Avenue; Sabine Pass Avenue from Railroad Avenue to Frederick Street; Frederick Street from Sabine Pass Avenue to Pennsylvania Avenue as a tax two-thirds. (2/3) of the cost of paaving and gutter and incidental drainage, and all the cost of curbing on Neches Street from Forsythe Street to Railroad -- -- - Avenue,--Sabine--Passe rom -Rai ]r-oad-Avenue--ta Frederick -Street; _ Frederick Street'from Sabine Pass Avenue to Pennsylvania Avenue; The lot, lots, parts of lots, blocks or tracts of land on which said tag is levied and assessed is here hereinafter described, together with the number of feet front on each lot, parts of lots, blocks or tracts of land, the name or names of the owner or owners thereof and the proportionate amount of the cost of said paving and gutter and the cost of said curbing to be borne and paid for by such owner "or owners as shown by the statement prepared by the City Engineer of the City of Beaumont which said amount is hereby levied and assessed as a tag upgn such lots, parts of lots, blocks or tracts of land as shown, towit:� An Ordinance Section 2. That said tag so levied and assessed is declared as now effective, due and payable as against the property located on said Neches Street and the owners thereof, and shall become due and payable upon completion of the paving upon the portions of said streets, upon which said lot, lots, parts of lots, blocks or tracts of land front and abutt and the amount of the tax hereby levied and assessed together with the cost of collecting same and seven (7) percent interest per annum from the date same is collectible until paid is hereby declared a lien against the said lot, lots, parts of lots, blocks or tracts of land, superior to all other liens, claims or titles except city, county and state taxes, and shall constitute a personal charge or claim against the owner, or owners of said lot, lots, parts of lots, blocks or tracts of land. Section- 3. That all cost of grading and paving that portion of Neches Street between' Oorsythe Street and Railroad Avenue as is occupied by the hereinafter named companies respectively between the rails of the Texarkana & Vort Smith Railway Company, Beaumont Wharf andTerminal Company, and the Eastern Texas Electric Company, and a space twenty four (24) inches beyond the outer edge of the rails of the tracks of said _ companies located on said streets shall be borne by the said Texarkana & Fort Smith Railway Company, Beaumont -Wharf and Terminal Company and the Eastern Texas Electric Company, respectively, and such cost of said improvements are here- by assessed a��ggakst the said Texarkana & Fort Smith Railway Co., Beaumont Wha�T, ompany- and the Eastern Texas Electric Company, respectively, and shall be collected as other _assessments levied under this ordinance provided such work shall be done in accordance with the City Ordinances regulating the construction of railro4ds in the City of -Beaumont, and the paving of such streets traversed by the same. Section 4. The fact that portions of the foregoing streets are in bad condition and badly in need of paving in order to facilitate the heavy traffic over same and that -the ' procedure heretofore employed by the City Commission of the City of Beaumont required to fix a lien upon the property referred to was defective and failed to provide adequate protection to the city and to the city's contractors, the Uvalde Rock Asphalt Company, in securing payment for the work done and to be done in making said improvement, creates an emergency and an im- perative public necessity necessitating the suspension of the rule requiring ordinances to be read on three separate meetings, said rule iethereUfore hereby' suspended and this ordinance shall take effect and be in full force and effect from and after its passage and publication. Passed this the Z day of �� , A.D. 19249- by the affirmative vote of all memberst6f the Commission. Approved this the day of atz= A.D., 1924.