Loading...
HomeMy WebLinkAboutORD 74-36ORDINANCE NO.d�v�b 74=36' ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN TO THE APPARENT ABUTTING PROPERTY OWNERS ON MYRNA LOY DRIVE, CHARLOTTE DRIVE AND BONNIE LEE LANE FROM HIGHLAND AVENUE THROUGH SOUTH PARK 3RD ADDITION AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS DESCRIBED HEREIN, AND TO THE AC- CURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE -PROCEEDINGS AND CONTRACTS IN CONNECTION:WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MANNER OR THING CONNECTED THEREWITH; OVERRULING AND DENY- ING 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 PREREQUI- SITES TO FIXING THE ASSESSMENT LIENS, AND THE PER_ SONAL LIABILITY OF PROPERTY OWNERS; LEVYING ASSESS- MENTS, FIXING A CHARGE AND LIEN AGAINST SAID PRO- PERTIES SO ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR SEVER- ABILITY. WHEREAS, the City Council of the City of Beaumont, Texas, has heretofore by duly enacted ordinance declared and determined the neces- sity for and ordered the permanent improvement of Myrna Loy'Drive, Charlotte Drive and Bonnie Lee Lane from Highland Avenue through South Park 3rd Addition, public streets of the City of Beaumont, in accor- dance with the 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 re- quired 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 estimated 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, 5- 7- 7 9� 74 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 pre- pare 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 rela- ting thereto with said City Council, and same were received, examined. and approved by the City Council; and, WHEREAS, 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 proposed 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 real and ture owners there- of, and as to the special benefits to said abutting property and the onwers thereof by means of said improvements for which assessments are to be levied, and as to the accuracy, sufficiency, regularity and vali- dity of the proceedings and contracts in connection with said improve- ments and proposed assessments, and concerning any matter or thing con- nected 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 7th day of May, 1974, at which time all persons, firms, corporations, or estates owning or claiming any such abutting property and their a- gents 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 -2- 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 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 improvements, 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 than 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 there- of, the equities of such owners and the adjustment of such apportionment -3- of costs among 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 s.t said hearing that the assess- ments made and the charges declared. against said property owners and their property are in all things just and equitable andthat in each instance the assessment made against any parcel of property and its owner is less than the special benefits 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 improve- ments above mentioned have been regularly had, and in compliance with the law, and all prerequisites to the fixing of the assessment lien against the properties listed and the personal liability of the respec- tive 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUM.ONT: 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 owning or claiming same or any interest therein and to all others owning, claiming or interested in said pro- perty 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 mentioned or not, shall be and they are hereby overruled and denied. -4- S - -7-1 q-% of costs among 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 s.t said hearing that the assess- ments made and the charges declared. against said property owners and their property are in all things just and equitable andthat in each instance the assessment made against any parcel of property and its owner is less than the special benefits 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 improve- ments above mentioned have been regularly had, and in compliance with the law, and all prerequisites to the fixing of the assessment lien against the properties listed and the personal liability of the respec- tive 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUM.ONT: 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 owning or claiming same or any interest therein and to all others owning, claiming or interested in said pro- perty 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 mentioned or not, shall be and they are hereby overruled and denied. -4- ---57-- l c T q- Section 2. That the City Council finds and declares that all proceedings with reference to the making of improvements on the aforementioned streets as herein listed, have been duly and regularly had in com- pliance 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 liability of the respec- tive owners thereof, whether named or not have been.in all things per- formed and complied with; and said -City Council further finds and de- clares that all persons interested have been given a full and fair hearing; that there is not to be assessed against such abutting pro- perty 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 the law so as to produce a substan- tial equality of benefits received and burdens imposed and that the special benefits to each parcel of property and the owner thereof in the enhanced 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 the ordinances and resolutions heretofore 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 above mentioned contract for the construction of said improvement, the estimates, reports, lists and statements of the City Engineer, and -5- 3 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 pro- perites 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 ap- parent owners thereof, respectively, and the several amounts so assessed being as follows: Front Property Owner Lot Block Feet Total Amount Anthony, James K. 25 1 52' $ 520.00 Barfield, D. D. 10 1 52' 520.00 Kidd, Charles K. Pt. of 37 2 65' 650.00 Landrum, Nancy 3 2 50' 500.00 Miller, Ruthie L. 7 2 50' 500.00 Sturrock, Aden T. 29 2 51' 510.00 Turner, Robert L. 10 2 50' 500.00 370' $ 3270.0.00 Section 4. That said several amounts, together with interest, expense of collection, 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 same are hereby declared to be personal liabilities and charges against the true owners of said.,properites, respectively, whether named or not, all as provided in said Article 1105-b of Vernon's Annotated Civil Statues of Texas, as adopted by the Charter of the City of Beaumont, as aforesaid; and such assessments shall be collectible with interest, expense of collections, if any, and reasonable attorneys' fees, if incurred and shall be a first and prior lien on the property assessed, superior to all other Sim 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 installaments, one installment 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%) per cent 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 p ayment,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 (1/5th). of the toal amount in cash within thirty (30)1days of the acceptance of the improvements by the City Council and the balance, with interest at six (6%) per cent 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 (501) feet of property frontage is permissible. 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 Beau- mont, or their assigns; said certificate shall declare the said amounts and the time and terms of.payment thereof, the rate of interest payable -7- 4A �- 3 thereon, the description of the respective properties against which the aforementioned assessments have been levied, sufficient to iden- tify 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 properties and the liability of the true owner or owners thereof, whe- ther 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 installment 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 collec- tion and a reasonable attorneys' fee if incurred. Said certificates shall further recite that.the proceeding with reference to making the improvements therein referred to have been regularly had in compliance with the Jaw and the Charter of the City of Beaumont, and that all prerequisites to the fixing of the as- sessment lien againstthe 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. 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. S'ectiori '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 shaould for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1974. M OPEN r 014- P0 ATTEST_s;� M,:R 'L CpR THE 'STATE,,.OF .TEXAS �( COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day per- sonally appearedof the City of Beau- mont, 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 City of Beaumont. , ei} a aee@es ✓ :'. •tF..-Viz.-..;, . GIVEN UNDER MY HAND AND SEAL OF OFFICE this d'a.y.:�dt,. 1974. A�L Notary ublic Berson County r Texas, ` 1 i FILIED JEMRSON COON Y, MAY 1 4 013 4 �too ik"WM aim *aasWo VoI&Uypage__Z6 M & L RECORDS STATE OF TERAS COUNTY OF JEFFERSON 46 877sio 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. M 2 COUNTY CLERK JEFFERSON COUNTY, TEXAS :✓ "� `-� � / T ` � is