HomeMy WebLinkAboutORD 43-VM
AN ORDINANCE
ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,
TEXAS, CLOSING THE HEARINGS GIVEN TO THE REAL
AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE
HEREINAFTER NAMED STREETS IN THE CITY OF BEAU-
MONT, TEXAS, WITHIN THE LIMITS HEREINBELOW DE-
FINED, AND ACCORDING TO UNITS AS HEREINBELOW DES-
IGNATED, AS TO SPECIAL BENEFITS TO ACCRUE TO
SAID PROPERTY, AND THE REAL AND TRUE OWNERS THERE-
OF, BY VIRTUE OF THE IMPROVEMENTS OF EACH OF SAID
STREETS WITHIN SAID LIMITS AND ACCORDING TO UNITS
AS DESIGNATED, AND AS TO ANY ERRORS, INVALIDITIES,
OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR
CONTRACT THEREFOR; OVER -RULING AND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND
DETERMINING THAT EACH AND EVERY PARCEL OF PROP-
ERTY ABUTTING UPON EACH OF SAID STREETS WITHIN
THE LIMITS DEFINED AND ACCORDING TO UNITS.AS.DES-
IGNATED WILL BE SPECIALLY BENEFITTED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF
SAID IMPROVEMENTS PROPOSED -TO BE, AND AS ASSESSED
AGAINST SAID PROPERTIES, AND THE REAL AND TRUE
OWNERS THEREOF, AND LEVYING ASSESSMENTS FOR THE
PAYMENT OF A PORTION OF THE COST OF IMPROVING
EACH OF SAID STREETS WITHIN SAID LIMITS DEFINED
AND ACCORDING TO UNITS.AS DESIGNATED, FIXING A.
CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE
REAL AND.TRUE OWNERS THEREOF; PROVIDING FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE
COMPLETION AND ACCEPTANCE OF SAID WORK ON EACH
OF SAID STREETS AND ACCORDING TO UNITS AS DESIG-
NATED, THE MANNER AND TIME OF PAUU;NT THEREOF;
AND PROVIDING FOR THE MANNER AND METHOD OF COL-
LECTION OF.SAID ASSESSMENTS AND.CERTIFICATES.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
SECTION 1:
The City Council of the City of Beaumont, Texas, here-
by finds and determines:
(a) That the City Council of the City of Beaumont,
has heretofore by ordinance duly enacted
on May 23, 1950, determined the necessity
for and ordered the improvement of portions
of the hereinafter named streets in the City
of Beaumont, Texas, within the limits herein-
below described, and according to Unit numbers
as designated, in the manner and according to
the Plans and Specifications therefor, which
Plains and Specifications have heretofore been
approved and adopted by said City Council,
said streets and the portions thereof to be
improved being as follows, to -wit:
Unit 1: LONG AVENUE,'from the east property line
of Tenth btreet to the east property line
of Eleventh Street.
Unit 2: ASHLEY AVENUE, from the east property line
of Tenth Street to the east property line
of Eleventh Street.
Unit : Earl Street, from the west property line of
Saint elena Street to the east property
line of Cleveland Avenue.
that a Notice duly executed in the name of the City of Beaumont,
Texas, of the enactment of said above described Ordinance has
heretofore been -filed with the County Clerk of Jefferson County,
Texas, the county in which said City of Beaumont is situated,
on the 3rd day of June, 1950.
(b) That the City Council of said City has heretofore
advertised for and received bids for the construc-
tion of said improvements for the length of time and
in the manner and form as required by law and the
Charter of said City, and thereafter the City Council
after having duly made appropriation of funds avail-
able for such purpose to cover the estimated cost
of said improvements to said City, all as required by
law and said Charter-, did award a Contract for the
construction of said improvements to Sabine -Neches
Company, Inc., on its lowest and best bid, and said
Contract has heretofore been duly executed on behalf
of said Sabine -Neches Company, Inc., and is dated
June 29, 1950, and the performance and maintenance
bonds required by said Contract have been properly
furnished by said Sabine -Neches Company, Inc., and
said. contract and Bonds have been approved, accepted
and authorized by said City Council by Ordinance dated
June 27, 1950.
(c) That the City Council has caused the City Engineer
to prepare and file estimates of the costs of
such improvements and estimates of the amounts
per front foot proposed to be assessed against
the property abutting upon each of said .streets
within the limits above defined and according
to Units as designated, and the real and true
owners thereof, and said City Engineer has here-
tofore filed said estimates, and a statement
of other matters relating thereto with said City
Council and same has been received, examined, and
approved by said City Council.
(d) That said City Council by duly enacted Ordinance
dated July 11, 1950,. did determine the neces-
sity of levying an assessment for that portion
of the cost of constructing said improvements
on each of said streets within the limits herein
defined and according to Units as designated, to
be paid by the properties abutting thereon, and
the real and true owners thereof, and did order
and set a hearing to be held at 10:00 o'clock
A.m., on July 25, 1950, in the Council Chambers
of the City Hall of Beaumont, Texas, for the
real and true owners of the properties abutting
upon each of said streets within the said limits
defined and according to Units as designated, and
2.
for all others owning or claiming any interest
in, or otherwise interested in said properties,
or any of said matters as to the assessments
and amounts proposed to be assessed against
each parcel of said abutting property and the
real and true owners thereof, and as to the
special benefits to accrue to said abutting
properties and the real and true owners thereof
by virtue of said improvements, if any, or con-
cerning any error, invalidity, irregularity, or
deficiency in any proceeding or contract concern-
ing same, to appear and be heard in person or
by counsel, and offer evidence in reference to
said matters; and said City Council did by said
Ordinance, order and direct that the City Manager
of said City give notice of said hearing as re-
quired by the laws of the State of Texas to -wit:
Chapter 106 of the Acts of the Fortieth Legislature
of the State of Texas, known as Article 1105-b of
Vernon's Annotated Civil Statutes of Texas, a6
adopted by Article XIV, Section 2, of the Charter
of said City, said notice to be a publication in
some newspaper of general circulation in the City
of Beaumont, Texas, said'Notice to be published
in said newspaper at least three times pri-a-r�e -
the date of said hearing, the first publication of
which to be at least ten days prior thereto.
(e) That said Notice as ordered and directed by said City
Council and as required by said Acts above identified,
was duly given by pu.blication of same in the Beaumont
Journal, a newspaper published in the City of Beaumont,
Texas-, on July 14th, 1950,*July 17th, 1.950, and July
18th2 1950.
(f) That after due, regular and proper notice thereof, all
as provided by said Acts, said hearing of which Notice
was given, was opened and,held on July 25, 1950, at
10:00 A.M., in the Council Chambers of the City Hall
of the City of -Beaumont, Texas, in accordance with
said Ordinance and Notice, at which time an opportunity
was given to all of said above-mentioned parties and
agents and attorneys, to be heard and to offer evidence
as to all matters in accordance with said Ordinance and
Notice, at which time the following appeared and testi-
fied as follows:
Mayor Otho Plummer first announced that the
hearing on street improvements scheduled for 10:00
A.M., on July 25, would proceed by Unit beginning
with Unit 1 and directed the City Attorney, George
Murphy, to proceed with the same.
R. Clyde Black, City Engineer, at the request
of the City Attorney, discussed the general nature
and character of the proposed improvements. He
pointed out that Units 1 and 2 consist of construc-
tion of a six inch (6") re-inforced Portland cement
concrete pavement with integral curbs, together
witij appurtenances and drainage structures. He
further pointed out that Unit 3 consists of con-
struction of a five -inch (511) re-inforced Portland
cement concrete pavement with integral curbs, to-
gether with appurtenances and drainage structures;
and further that the width of the pavement in each
unit is thirty-one (31) feet.
3.
Peter bad. Maida and Kirby Smith were
next introduced by the City Attorney as witnesses
who are exerts on the values of real estate in
Beaumont, Jefferson County, Texas. The two wit-
nesses were sworn in by City Clerk Combs and then
asked questions by the City Attorney which divulged
the following:
Mr. Maida has lived in Beaumont since 1918
and has been in the real estate business in Beaumont
since 1945___, a period of 5 years; that in
such capacity he has engaged in the purchase and sale
of real estate and is familiar with the character and
values of property in general in the city and partic-
ularly with those abutting upon the streets to be con-
sidered at the hearing; that he has personally viewed
the properties abutting upon the streets to be im-
proved and has definitely considered whether those
properties will be specially benefitted in enhancement
in value as a result of theproposed improvements in
an amount in excess of the cost per front foot to the
abutting property owners; that he understands that -
each Unit is to be considered separately.
Mr. Kirby Smith has lived in Beaumont since
1946 and has been in the real estate business in
Beaumont for 4 years; that in such capacity he
has engaged in the purchase and sale of real estate and
is familiar with the character and values of property
in general in the City and particularly with those
abutting upon the streets to be considered at the hear-
ing; that he has personally viewed the properties
abutting upon the streets to be improved and has defi-
nitely considered whether those properties will be
specially benefitted in enhancement in value as a result
of the proposed improvements in an amount in excess
of the cost per front foot in each Unit to the abutting
property owners; that he understands that each unit is to
be considered separately.
The hearing on Unit 1 was opened; the limits
of' -the improvements were described as follows:
Unit 1: LONG AVENUE, from the east property
line of Tenth Street to the east
property line of Eleventh Street.
The cost per front foot to the abutting property
ownerswas announced to be $5.40917. Messrs. Maida
and Smith , in answer to questions pro-
pounded -by the City Ittorney, stated that in their
respective opinions each parcel of property abutting
upon Long Avenue within the limits to be improved would
be specially benefitted in enhancement in value as a
result of the proposed improvements and that in each
instance the amount of such special benefits will be
more than $5.40917 per front foot.
4.
After hearing the evidence presented, no
further persons or parties appearing and desiring
to be heard or offer testimony, upon Motion by
Co ncilman Cokinos , seconded by Councilman
�
enza , and duly carried, said hearing
was declared closed.
The hearing on Unit 2 was opened; the limits
of the improvements were described as follows:
Unit 2: ASHLEY AVENUE, from the east property
line of Tenth Street to the east
property -line of Eleventh Street.
The cost per front foot to the abutting property
owners as announced to be $5.344$27. Messrs. Maida
and mith , in answer to questions propounded
by the City Attorney,,stated that in their respective
opinions each parcel of property abutting upon Ashley
Avenue within the limits to be improved would be
specially benefitted in enhancement in value as a re-
sult of the proposed improvements and that.in each
instance the amount of such special benefits will
be more than x.5.344-$27 per front foot.
After hearing the evidence presented, no
further persons or parties appearing and desiring
to be heard or offer testimony, upon motion by
Councilman Venza , seconded by Councilman
Cokinos , and duly carried, said hearing was
declared closed.
The hearing on Unit 3 was opened; the limits
of the improvements were described as follows:
Unit : EARL STREET , from the west property line
Saint Helena Street to the east property
line of Cleveland Avenue.
The cost per front foot to the abutting property
owners was announced to be $5.364236. Messrs. Maida
and in answer to questions propounded
by the CityAttorney-,'stated that in their respective
opinions each parcel of property abutting upon Earl
Street within the limits to be improved would be specially
henefitted in enhancement in value as a result of the
proposed improvements and that in each instance the
amount of such special benefits will be more than $5.364236
per front foot.
After hearing --the evidence presented, no further
persons or parties appearing and desiring to be heard
or offer testimony, upon motion by Councilman Cokinos
seconded by Councilman Ke 11y , said hearing
was declared closed.
5.
(g) That at none of said hearings were any objections,
protests or testimony offered as to said improve-
ments, the assessments or contracts therefor, or
as to any of the proceedings in reference thereto
except as hereinabove set out; and said City Council
has heard evidence as to the special benefits in
enhanced value to accrue to said abutting properties,
and the real and true owners thereof, as compared
with the portion of the cost of constructing said
improvements proposed to be assessed against said
properties, and has heard all parties appearing
and offering testimony, together with all protests
and objections relative to such matters and as to
any errors, invalidities or irregularities in any
of theproceedings and contract for said improve-
ments, and has given a full and fair hearing to
all parties making or desiring to make any such
protests, objections or to offer testimony, and
has fully examined and considered all of said evi-
dence, matters, testimony and objections offered,
and based upon same, said City Council finds that
each and every parcel of property abutting upon
each of said streets within the limits to be im-
proved as -herein defined and according to Units as
hereinabove designated, will be enhanced in value
and specially benefitted by the construction of
said improvements in an amount in excess of the
amount of..the.cost of said improvements, proposed
to be, and hereinbelow assessed against each of
said parcels of property abutting upon said street,
and the real and true owners thereof; and said
City Council did.consider and correct all errors,
invalidities, or deficiencies called to its atten-
tion, and did find that all proceedings and contracts
were proper and in accordance with the laws under
which same are being had and the proceedings of said
City Council theretofore had with reference to such
improvements and that all of same are in all respects
valid and regular; and said City Council further
finds upon said evidence that the assessments here-
inbelow made and the charges hereby declared against
said abutting properties and the real and true owners
thereof are just and equitable in each and every
Unit so designated and did adopt the rule of appor-
tionment set forth.below herein and the division
of the costs of said improvements between said abutt-
ing properties and the real and true owners thereof,
as being just and equitable and as producing sub-
stantial equality considering the benefits to be re-
ceived and the burdens imposed thereby, and -.that all
objections and protests.should be overruled and denied.
SECTION 2:
That there being no further protests or testimony for or
against or in reference to said improvements, benefits or pro-
ceedings, said hearings granted to the real and true owners of
properties abutting upon each of said streets within the limits
herein defined according to Units as designated, and to all
persons, firms, corporations and estates, owning or claiming
same or any interest therein -,-be, and the same -are hereby,
closed in and for each particular Unit hereinabove designated and
for all Units included under that certain Contract between the
City of Beaumont, Texas; and Sabine -Neches Company, Inc., and all
protests and objections, whether specifically mentioned or not,
shall be, and the same are hereby overruled and denied.
SECTION 3:
The City Council hereby finds and determines upon the
evidence heard in reference to each and every parcel of prop-
erty abutting upon each of said streets within the limits
herein defined and according to Units as designated, that
the special benefits in the enhanced value to accrue to said
property, and the real and true owners thereof, by virtue
of the construction of said improvements -in said portions
of said streets, will be in excess of the amount of the costs
of said improvements proposed to be, and as herein assessed
against said abutting properties, and the real and true owner
or oumers thereof, and finds that the apportionment of the
costs of said improvements, and that the ,,:assessments here-
inbelow made, are just and equitable and produce substantial
equality, considering the benefits received and the burdens
imposed thereby, and are in accordance with the laws of the
State of Texas, and the Charter of said City; and -that all
proceedings and contracts heretofore had with reference to
said improvements are in all respects regular, proper and
valid, and that all prerequisites to the fixing of the assess-
ment liens -against said abutting properties, as hereinafter
described, and the personal liability of the real and true
owners thereof, whether named or correctly named herein or
not, have been in all things regularly had and performed,
in compliance wit h the law, and the proceedings of said City
Council.
SECTION 4:
That in pursuance of said Ordinance duly enacted, by
said City Council authorizing and ordering the improvement
of said above described, streets within the limits hereinabove
named and defined, and according to Units as designated, and
in pursuance of said proceedings heretofore had and enacted
by said City Council in reference to said improvements and
by virtue of the powers vested in said City with respect
to said street improvements by the laws of the State of Texas,
with particular reference to Chapter 106 of the Acts of the
First Called Session of the -40th ---,Legislature of the State of
Texas, known and shown'as Article 1105-b of Vernon's Annotated
Civil Statutes of Texas, as amended, as adopted by -Article
XIV, Section 2, of the Charter of said City, there shall be,
and is hereby levied, assessed and taxed against the respective
parcels of property abutting upon said streets as hereinbelow
described, and against the real and true owners thereof, whether
such real gnd true owners be named or correctly named, or.' said
properties be correctly described herein or not, the several
sums of money hereinbelow mentioned and itemized opposite the
description of the respective pareels of said property;'the
description of such property, the number of front feet of each,
and the several amounts assessed against -same and ,the real and
true owner or owners thereof, and the names of the apparent
owners thereof, all as corrected and .adjusted by said City
Council, being as follows: to wit:
UNIT I':
FINAL PAVING ASSESSMENT ROLL
ON -LONG AVENUE from East Property Line Tenth Street
to East Property Line Eleventh Street
Front Foot.Rate= $5.40917
Property Owner
Lot
AVERILL ADDITION
North Side
Clarence W. Crenshaw and
wife, Rosa D. Crenshaw
2$, 29, 30
Robert H. Wolff and
wife, Eloise Wolff
26 and 27
Eber H. Peters, Jr., and
wife, Margaret Peters
24 and 25
Rupert C. Williams and
23 and East
1/2
wife, Jean H. Williams,
of 22
Russell R. Sweeney and
21 and West
1/2
wife, Maria A. Sweeney
of -22
Roy Maness and -
20 and East
1/2
wife, Jewel Maness.
of 19
Frank Fite, Jr., and
18 and West
1/2
wife, Mary Elisabeth Fite of 19
Mrs. Bertha.D. Paggi-
16 and 17
South Side
S.P..Benckenstein and
112, and.East
wife, Bess Benckenstein
1/2 of 3.
Lacoste.G..Ellis and
4 and West
1/2
wife, Bobbie -M. Ellis
of 3
J.R. Beck and
5 and East
1/2
wife, Rose Beck
of 6
Glen.McGown and
7 and West
1/2
wife, Frances McGown
of, 6
Roy'E. Lee and
8 and East
1/2
,,rife, Effie Alma Lee
of 9
G.G. Gill and
10 and West
1/2
wife, Lucille H. Gill
of 9
H.K. Wakefield and
11 and East
1/2
wife, Emma Wakefield
of 12
Meyer Brown,et_ux,
13 and West
1/2
Sophie Irene Brown
of 12
Mrs. Bertha D. Paggi
14 and 15
�7-�zS i9s�o
Total
Block Frontage Amount
56 150 $ 811.37
56 100 540.91
56 100 540.91
56 75 405.69
56 75 405.69
56 75 405.69
56 75 405.69
56 104 562.55
55 125 676.15
55 75 405.69
55 75 405.69
55 75 405.69
55 75 405.69
55 75 405.69
55 75 405.69
55 75 405.69
55 104 562.55
Unit I (Continued) a
Total Estimated Property Owners'. Portion $,157.03
Total City's Portion to.Contractor .4,372.97
Total to be Paid Contractor $12,530.00
Engineering..&..Contingencies 8-1/2% 12065.05
Total Estimated Cost of Improvements $13,595.05
4 .
UNIT II :
FINAL PAVING ASSESSMENT ROLL
ON ASHLEY AVENUE from East Property Line
Tenth
Street
to East Property Line. Eleventh.Street
Front Foot.
Rate c $5.344$27
Total
Property Owner
Lois Block
Frontage
Amount
AVERILL ADDITION
North Side
Mrs. Bertha D. Paggi.
27, 28, 299 30
and East 1/2 of 26
57
225
$ 11202.59
Robert L. Collins, Jr., and
25 and West 1/2
wife, Mary E.
of 26
57
75
400.86,
Lynn W. Stallings and
24 and East 1/2
.wife, Lella Stallings
of 23
57
75
400.86
Benjamin. W. Harrison and
22 and West 1/2
wife, Martha Parr Harrison
of 23
57
75
400.86
Charles S. Schmucker and
21 and East 1/2 of
wife, Nola Mae Schmucker
20
57
75
400.86
Charles R. Brocato and
19 and West 1/2
wife, Constance Maria
of 20
57
75
400.$6
Brocato
Mrs. Bertha D. Paggi
162 17, 18
57
154
823.10
South Side
T.E. Moor and wife,
Virginia.L..Moor
1 and 2
56
100
534.48
L.P. Tullos and wife,
Ruel Tullos
3 and 4
56
100
534.48
Mrs. Bertha D. Paggi
5 and 6
56
100
534,48
M. H. Elissalde and
wife,. Gertrude.Ellender
7 and East 45'
Elissalde
of 8
56
95
507.76
Trent Newton and wife,
9, West 51 of 8,
Dorothy Hilliard Newton
and.East. l/2 of 10
56
80
427.59
Wm...: McKeen Birdwell and
wife, Virginia Mae
11,12,13, and West
Rothwell Birdwell
1/2 of 10
56
175
935.34
Mrs. Bertha D. Paggi
14 and 15
56
104
555.86
Total Estimated Property Owners' Portion 8,059.98
Total City' -s Portion to Contractor 4,320.97
Total'to be Paid. Contractor $120$0.95
Engiiie.e `ring & Contingencies. 8-1/2f 1052.3$
Total_.Estimated.Cost of Improvements $13,433.33
UNIT III:
FINAL PAVING KSSESSM T ROLL
ON EARL STREET from West Property Line Saint Helena Street
to East Property Line Cleveland Avenue
Front Foot Rate - $5.364236
Sheet 1 of 2 Sheets
Total
Property Owner _ Lot Block Frontage Amourt
GOLD HILL 2ND ADDITION
Replat of Blocks 1,2,3,455,6, & N/2 7 & 8
North Side
Harold I.Pues and wife,;Rachel L. Pues
22
4
60
321.8-,'5
Orvis L. Lewis and wife, Ida E. Lewis
21
4
50
268.21 .
-IiAlbert A. Johnson and wife, Essie D. Johnson
20
4
50
268.21
Herbert C. Weghorst and.wife, Johnnie M.
19
4
50
268.21
Weghorst
Loyd C. Philips and wife, Laura M. Philips
1$
4
50
268.21
Robert E: Lee and wife, Rebecca Lee
17
4
50
268.21
Tom S. Wynn and wife, Dortha M. Wynn
16
4
50
268.21
John M. Parker and wife, Thelma Parker
15
4
50
268.21
Edward L. Hall and wife, R. E. Hall
14
4
50
268.21
Gladys Corbellc
13
4
50
268.21
Gerald Millslagle and wife, Eva Millslagle
12
4
58
311.13
Frederick Donovant Cade and wife, Dorothy
24
3
60
321.85
Cade
Bernard A. Hennessy and wife, Marie
23
3
50.3
269.82
L. Hennessy
Raymond R. Wright and wife, Myrtice L.
22
3
50
26$.21
Wright
Edward A. Guenther and wife, Olive Guenther
21
3
'55
295.03
Gordon Harold June and wife, Catherine T.
20
3
50
268.21
June-
une-Sidney
SidneyH. Levy and wife, Rowena Levy
19
3
55
295.03
Walter S. Nichols and wife, Bonnie Nichols
18
3
50
268.21
Marion B. Robinson and wife, Eunice Robinson
17
3
50
268.21
Doyle E. Davis and wife, Mary Beth !Davis
16
3
55
295.03
Edward M. Shepherd and wife, Beth H.
15
3
50
268.21
Shepherd
Clyde H. Phillips and wife, Pearl Phillips
14
3
50
268.21
James H. ratterson and wife, Billie Rose
13
3
60
321.85
Patterson
G 4 Y
•1
(UNITII� Continued)
Total
Property Owner Lot Block Frontage Amount
South Side
Ardoth W. Taylor and wife, Letha H.Taylor.
1
5
60
8 321.$5
Aubrey B. Griffin and wife, Christine
2
5
50
26$.21
V. Griffin
Earnest B. Nash and wife, Eva Mae Nash
3
5
50
26$.21
Lewis A. Mauras and wife, Mary Mauras
4
5
50
26$.21
Horace V. Madeley and wife, Natalie Madeley
5
5
50
26$.21
Dee Carr and wife, Gertrude L. Carr
6
5
50
26$.21
Lloyd T. Crabb and wife, Wilma J. Crabb
7
5
50
26$.21
William J. Spangler and wife, Eunice
$
5
50
26$.21
M. Spangler
Wayne E. Gilbert and wife, Alice Gilbert
9
5
50
26$.21
Blewett J. Whitman and tiri.fe, Mlyrthie Whitman 10
5
50
26$.21
Ardice B. Ener and wife, Anna Belle Ener
11=._
5
5$
311.13
Wm T. Faucett, Jr. and wife Jean Faucett
.1
6
60
321.$5
Carl M. Ladin and wife, Edna K. Ladin
2
6
54.2
290.74
John C. Newman and wife, Grace Newman
3
6
50
26$.21
George C. Weeks and wife, Trudie V. Weeks
4
6
50
26$.21
Roy L. Wall and wife, Lucille Wall
5
6
50
26$.21
Fay R. Rodgers and wife, Virginia L.Rodgers
6
6
55
295.03
Roy D. Shotts and wife, Dorthell Shotts
7
6
50
26$.21
Paul V. Venable and wife, Ruby Venable
$
6
50
26$.21
Joseph P. LaGrone and wife, Lura L. LaGrone
9
6
55
295.03
J. M. Drouet
10
6
50
26$.21
Don V. Woodcock and wife, Juanita K.Woodcockll
6
50
26$.21
Floyd W. Hall and wife, Aurelia A. Hall
12,
6
60
321.85
Total Estimated Property Owner's Portion
$122903.5$
Total City's Portion to Contractor
6,917.72
Total to be Paid Contractor
X19,$21.30
Engineering & Contingencies 81%
116$4.$1
Total Estimated Cost of Improvements
621,506.11
y/
0
SECTION 5:
That the several sums mentioned above in Section 4
hereof, assessed against said parcels of abutting property
and the real and true owner or owners thereof, whether said
owners be named or correctly named or not, or said properties
be correctly described herein or not, together with interest
thereon at the rate of six per cent (60 per annum and with
reasonable attorney's fees and all costs -and expense of col-
lection, if incurred, are hereby declared to be and made a
first and prior lien upon the respective parcels of property
against which same are assessed from and after the date said
improvements were ordered by said City Council, and a personal
liability and charge against the real and true owner or
owners tle reof, whether or not such owner or owners be named
or correctly named herein, paramount and superior to all other
liens, claims or titles except for lawful ad valorem taxes;
and that the sums so assessed shall be payable as follows,
to -wit: in five (5) equal annual installments, the first
of which will be payable on or before Thirty (30) days after
the completion and acceptance of said improvements by said
City Council in the street upon which the particular property
abuts, said streets also being appropriately designated by Unit
hereinabove, the four (4) remaining installments to be due
and payable respectively.One (1), two(2), three (3), and
four (4) years from and after -said date -of completion and ac-
ceptance of said improvements by said City Council, deferred
payments to bear interest from such date at the rate of six
per cent (6%) per annum, payable annually,.past due install-
ments of principal and interest to bear interest ,t the same
rate per annum until paid; however, any owner of such property
shall have the right to pay off the entire amount of any such
assessment, or any installment thereof, before maturity by
paying principal and accrued interest to date of said payment;
and provided, further, that if default shall be made in the
payment of any installment of principal or interest when due,
then the entire amount of said assessment upon which such de-
fault is made, shall, at the option of said Sabine -Neches
Company,Inc., or its assigns, be, and become immediately due
and payable and shall be collectible, together with reasonable
attorney's fees and all costs and expenses of collection, if
incurred.
SECTION 6:
That the City of Beaumont, Texas, shall not in any man-
ner be liable for the payment of any sums hereby validly assessed
against any abutting property and the real and true owner or
owners thereof, but said -Sabine -Neches Company, Inc., shall
look solely to such property and the real and true owner or
owners thereof for payment of any sums validly assessed against
said respective parcels of property, but said City shall be obli-
gated to furnish Sabine -Neches Company, Inc., valid assessments
and assessment certificates and shall exercise all of its lawful
powers to aid in the enforcement and collection of said liens
and assessments; and if default shall be made in the payment of
any of said sums herein assessed against the said parcel of prop-
erty and the real and true owner or owners thereof, collection
thereof shall be enforced at option of said Sabine -Neches Company,
Inc., or its assigns, either by suit in any court having juris-
diction or by sale of the property assessed as nearly as possible
in the manner as may be provided by law in force in said City
for the sale of property for the collection of ad valorem taxes.
_d
SECTION 7:
That for the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against
the said parcels of property and the real and true owner or
owners thereof, and the time and terms of payment, and to aid
in the enforcement thereof, assignable certificates shall be
issued by the City of Beaumont, Texas, to Sabine -Neches Company,
Inc., upon the completion and acceptance of said improvements in
each of said streets , hereinabove designated by Units, which
certificates shall be executed by the Mayor in the name of the
City, attested by the City Clerk with the City's Corporate
seal, and which -shall declare the amounts of said assessments
and the times and terms thereof, the rate of interest thereon,
the date of the completion and the acceptance of the improve-
ments for which the certificate is issued, and shall contain
the name of the apparent owner or owners as accurately as pos-
sible, and the description of the property assessed by lot and
block number or front foot thereof, or such other description
as may otherwise identify the same, and if the said property
shall be owned by an estate or firm, then to so state the fact
shall be sufficient, and no error or mistake in describing
any such property or in giving the name of any owner or owners,
or otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby or the certificate issued in evidence there-
of.
That the said certificate shall further provide sub-
stantially that if default shall be made in the payment of any
installment or principal or interest when due, then at the
option of Sabine -Neches Company, Inc., or its assigns, or the
holder thereof, the whole of said.assessment evidenced thereby
shall at once become due and payable and shall be collectible
with reasonable attorney'srifees and all expenses and costs of
collection, if incurred, and said certificate shall set forth
and evidence the personal liability of thereal and true owner '
or owners of such property, whether named or correctly named
therein or not, and the lien upon such property, andthat said
lien is first and paramount thereon, superior to all other
liens, titles and charges, except for lawful ad valorem taxes,
from and after the date said improvements were ordered by said
City Council, and shall provide in effect that if default
shall be made in the payment thereof, the same may be enforced
at the option of Sabine -Neches Company, Inc., or its assigns,
either by the sale of the property therein described in the manner
provided for the collection of ad valorem taxes as above recited,
or by suit in any court having jurisdiction.
That said certificate shall further recite in effect
that all the proceedings with reference to making said im-
provements have been regularly had in compliance with the
law in force in said City and proceedings of the City Council
of said City and that all prerequisites to the fixing of the
assessment lien against the property and the personal liability
of the real and true owner or owners thereof, evidenced by such
certificates, have been regularly done and performed, which re-
citals shall be evidence of all the matters and facts so re-
cited, and no further proof thereof shall be required in any
court.
That the said certificates may have coupons attached
thereto in evidence of each or any of the several -install-
ments thereof, which may be signed with the facsimile sig-
natures of the Mayor and City Clerk.
That said certificates shall further provide in ef-
fect that the City of Beaumont, Texas, shall exercise all
of its lawful powers, when requested to do so by the holder of
said certificates, to aid in the enforcement and collection
thereof, and said certificates may contain other and further
recitals pertinent and appropriate thereto. It shall not be
necessary that said certificates shall be in the exact form
as above set forth, but the substance and effect thereof
shall suffice.
SECTION 8:
That all such assessments levied are, and shall be, a
personal liability and'charge against the respective real
and true owner or owners of said abutting properties, notwith-
standing such owner or owners may not be named or correctly
named, and any irregularity in the name of the property owner,
or the description of any property or the amount of any assess-
ment, or in any other matter or thing shall not in anywise in-
validate or impair any assessment levied hereby or any certifi-
cate issued, any such mistake, or error, invalidity or irregu-
larity, whether in such assessment or in the certificate issued
in evidence thereof, may be,.but is not required to be, in
order to be enforceable, corrected at any time by the City
Council of the City of Beaumont, Texas.
That the total amounts assessed against the respective
parcels of property abutting upon each of said streets within
the limits herein defined, and according to Units as designated,
and the real and true owner or owners thereof, are the same, or
less than the estimates of said assessments prepared by the City
Engineer and approved and adopted by said.City Council and:.are
in accordance with th&proceedings of said City Council relative
to said improvements and assessments therefor, and with the
terms, powers and provisions of said Chapter 106 of the Acts of
the First Called Session of the 40th Legislature of the'State
of Texas, known as Article 1105-b of Vernon's Annotated Civil
Statutes of Texas, as adopted by Article XIV, Section 2, of the
Charter of said City, under which terms, provisions and powers
and said proceedings, said improvements and assessments were had
and made by said City Council.
PASSED by the City Council, this the 25th day of July,
1950.
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