HomeMy WebLinkAboutORD 75-4ORDINANCE NO.
ENTITLED AN ORDINANCE CLOSING THE HEARING
GIVEN TO THE APPARENT ABUTTING PROPERTY
OWNERS ON BOURBON, BASIN, RAMPART, ST.
LOUIS & BEALE STREETS THROUGH BLOCKS 1-6,
VIRGINIA ESTATES 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
ACCURACY, SUFFICIENCY, REGULARITY, AND
..VALIDITY OF THE PROCEEDINGS AND CONTRACTS
IN CONNECTION WITH SAID IMPROVEMENTS AND
ASSESSMENTS, AND ANY MANNER OR THING CON-
NECTED THEREWITH; OVERRULING AND DENYING
ALL PROTESTS AND OBJECTIONS OFFERED; FIND-
ING 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 ASSESSMENTS, 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
IMPROVEMENTS WITHIN THE LIMITS DESCRIBED;
PROVIDING FOR THE ISSUANCE OF ASSESSMENT
CERTIFICATES AND THE MANNER OF THEIR COL-
LECTION; AND PROVIDING FOR SEVERABILITY.
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 Bourbon, Basin, Ram-
part, St. Louis & Beale Streets through Blocks 1=6, Virginia Estates
Addition, 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 im-
provements 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 estimated cost
of said improvements, all as provided by the Charter of the City of Beau-
mont and by law, did award a contract for the construction of said im-
provements 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 pos:t:e-d
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 -
1
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 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 im-
provements for which assessments are to be levied, and as to the accu-
racy, sufficiency, regularity and validity of the proceedings and con-
tracts in connection with said improvements and proposed assessments,
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 14th day of January, 1975,
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
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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 no-
tice, 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 re-
spective 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 deter-
mined 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, theassessment rate is just and equit-.
able 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 among
all properties and the owners thereof so as to produce a substantial
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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 assess-
ment 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 pro-
tests 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 im-
provements 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, whe-
ther correctly named or not, all as provided by law;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
'S'ectiori '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 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 mentioned or not,, shall be and they are hereby overruled
and denied.
Section 12.
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 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 proper-
ties listed and the personal liability of the respective owners thereof,
whether named or not have been in all things performed and complied with;
and said City Council further finds and declares that all persons inte-
rested 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 re-
aligning 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 apportionment of costs amounts to all properties and
the owners thereof have beer, made in full compliance with the lain so as
to produce a substantial equality of benefits received and burdens im-
posed and that the special benefits to each parcel of property and the
owner thereof in the enhanced value thereof by means of said improve-
ments is in each instance in excess of the amount of the assessment
made against said parcel of property and its owner; and that the assess-
ments, 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
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-
perties abutting on said portion of said streets heretofore ordered
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11 -75r -
q .
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: j
FINAL PAVING ASSESSMENT.
Bourbon—Basin & Rampart Sts -FROM' St. ' Louis Street TO Beale Street
St.. Louis & Beale Sts.FROM Virginia Street T® West Highland Drive
PAVEMENT 26 ft. wide reinforced.concrete
- �.
PROPERTY OWNERS COST $10.00 PER FRONT FOOT
Property Owner Lot
George Anderson, Sr.-
22'.
Wm.- J..
Clark, Jr'.
29
Tommy
Lee Williams
30 & 31
James-
E. Jones.
32
Agnes
F. Greene-�
36-37-38
Robert L. Marshall �1 & W 15° of 2
David LeBlanc, et ux
Front
5
Moses DeVault."
Block
6
R. C.. Harris
7.&
W 1/2 of 8
Morris. Moorehead
10
-Leo-LeBlanc, et,ux
ADDITION
11
G. W. Daugherty' et.0
25
Alfred Jones
26
& E 1/2 of .27
Osborne Duhon, Jr.
28
& W 1/2 of 27
Edward Wycoff
500..00
29
Anthony J. Mouton
30
David Martin Deal
50.
31
Elnora Willis.
34
& W 1/2 of 33
Henry Booker
35 &--36.. -
Front
Block
Feet
Total Pmount
1A.ES11ATES
ADDITION
4
.50
$ .:
500.00
4
50
500..00
4
100
1,000006
4
50.
500'.00..
4
155 0550.
0)
121*(907®
0)
2,457.50
5
70 (700.
0)
121* (907.
0).
1.,607.50
5
50-
500.0.0
5
50
500°.00
5
75
;.750.00
5
50
500.00
5---
50., .:.
_ . 500..06-..
3
50
500.00 .
3
7575-0,
00 '
3
75
750. OU
3
50
500.00..
3
'50
500.00.. - -
3
50
500.00 .
3
75
750-.0.0
3
100..
31000.00
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- FINAL PAVING ASSESSMENT
Bourbon -Basin & Rampart Sts . FROM St. Louis Street TO Beale Street
St. Louis & Beale Sts. FROM -Virginia Street_ TO West Highland Drive
..............
PAVEMENT 26 ft. wide reinforced. concrete
,'PROPERTY OWNER'S COSI $10.00 PER FRO^!T FOOT
Front
Property Owner
Lot .
Block
Feet
Total Psaount
Willie B.. Sweat
1 _ .
4 ...
55 :. (5.5Q
00)
121* '(907,50).$
1,457.5.0
Lindbergh Williams, a
ux 2
4
50..
500..00
Albert Bernard-,. Jr.. _
3: & .4 ..
.. 4
1.00 •
11000-00
Chester Merrick, et
5 & W 1/2 of 6
4
75.
600.-00**
Irving F. LaPoint,Jr..
7 & E 1/2 of 6
4.
75-
-750.00
Alsaih Lemons
8 & 9
4
100
1,000.00
Alsaih Lemons
10 &.W 1/2 of:11
4
75.
75.0.00
Louis Bibbins
12 &E 1/2 of 11
4
75
600.00**
Roy.J. Cormier
13
4
50
500.00
.
-Elgee Lee Denson
.16 & .17
4
100:
1,0OO.OQ}-
He T. Tatman_.
24
2,
: 50
500.00
Don . L. Powell:
.
25
2
50-.. :.
-500.00 1
Jose W. Malbrough-.
26
2
50
. 500.00
-
George Malhrough : ...: _: =
27 & °E..I'/2 of _:..2.8..
2
75 .....:.......:
_ : = -:750.
Howard Sebile
29 & W 1/2 of : 2.8
2.
75
750.00.
Wmo . E.. Gage, .et ux.
30 :.
2
50'-,
500.00.:
Leo J. Nolan..
35
2
_-50
500.00
W. -M'. Crockum,.Ill,et
36
2. •
50
500.00
Arthur Hebert,.: Jr.
37 & '38
2
105 (-1-;05).00).'7
121*-( 901.50)
. 1,957.50
Willis D. R. `Patterso
1
3
55 (550.
0)
121*(9070
0) 1,:457.50
Mildred E. -Charles
2
3
50
-500.00 .. .
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FINAL.PAVING ASSESSMENT
Bourbon -Basin & Rampart Sts. FROM St. Louis Street TO Beale Street
St. Louis & Beale Sts. FROM Virginia Street TO West Highland Drive
PAVEMENT 26 ft. wide reinforced concrete
PROPERTY OWNER'S COST $10.00 PER FRONT FOOT.
Front
Property Owner
Lot Block
Feet.
-Total Pmoun:
C., C.: Atkin's ..;,.. ';
.. 3 35Qt1.:0G.
5:
Freddie. or. Iral. Bobh-
4 & Wan of 5 3
James. E . Evans
6 . & E. 1/2 of 5 3-
75
-
Manuel. Holloway:
11. & W'1,/2 of. 12 3
`75
750 '.0.0 --".-
Elton Martin
13 & E 1/2 of 12. 3
7.5.
750..00.- .
Will . Henry Harper.
14: 3
..50...-.
500',00.
Dillard Carter
15 .3
50 -.
500.-.00."'.
Hubert Gordon
16 3
Dallas W.. Joseph
17' & W 1/2 of 18 .3-
'75
750..0.0'.:
Terry Taylor
19 & E 1/2 of 18 3
80 (800.(0).
1.21*(9.07.
0) - 1-007.50 -
Kaiser .Robertson
3-& S 15'. of, 4 6
65
650..00 .
Edward Randall, Jr..
6 & S. 251 of 7 6
8.0
800..00-
Larry._.Gunner_
8 & .N._25' of .7. fi
75
750..00 -:
Donald .Smith
.9 6 :.
50 ..
500:..00.:-'
Clyde Bradley
-10 6
50
500'.00
James H. Frugie
11 6
55
550..00.
Rudolph P. Antoine
12 & S 20' of 13. 6
75
750 0 00.- .
Cordell Harris
15 &S 18.9 ° of 16 6
68:9. -
.689,0G.-
689400...Wm.
Wm.J. Bland
N 40.61 of 19 &
;.
18.5' of 20 6
59.1
591.00..:
C. F. Graham
N 31.5'of 20 &
:
'�
all -of 21 & 22. 6
151:5
11515.00 -
Is
FINAL PAVING
ASSESSMENT "
Bourbon -Basin & Rampart Sts. -FROM St. Louis Street TO Beale
- ,
Street
:
St. Louis. & Beale Sts.FROM
Virginia
Street
TO West
Highland. Drive.
PAVEMENT 26 ft. wide reinforced. concrete
'.
PROPERTY OWNER S COST
$10.00"
PER "FRONT
.FOOT* -
Front
Pro ertY Owner
Lot
Block
Feet
Total Amount
"'.Robert- L. -Wooten,.
2:0
5 ." .
.12.1 .:
$ 907.050
Leroy .Moore
19
2"
2,3.3'
497 m 5
Mary -::Nelson
1" &. 2
1 "..
"1,21
'.: 1,210."0 . .
Bettye .Faye Bailey
3 & 4:
1
. 101
= 808:,0.0* -
Duplan ier
- :..
Terry Johnson", Zr,*5
& " 6
l
100.
,
1-0 00,."0:G ..
Major Phillip Da Thorn
-7 _ & 8 ` :
1
101
- .1, Q10a 00 :.
L.: Joseph Chachere
N 451. of 10 &
B" X020." of 11
1
:
a0
500.00. : =
:
Joseph W. Segura,et
N 4" .of". 11 &
"
S ..4..6 ° of :12
1
50." ..
500-.-OQ: .
Arthur L. Randall.
13: & N 14' of "12
1 . `
75.
750.00
Joshua W. Johnson
1.4
1
51
510 H.
Gerald .W.. Bailey.
..15 .
1...
50"
500.00
Albert Co Davis
16
1
50
-50"0:0.00- _
-
Lionel :Do: Goodman
].7 & S 1,/2. of. 18
1
." 7.5 -
a: 750e`O0
Woodson Deason," Jr." " "
19 & N 1A2 of 18
1.:
7"6 -.608.0()**
Ernest Jackson, Jr...
20
1
65 -
-650.00
Clarence Russell; Jr.
21
1
-.:68
680®00
P:RbAln
22:T-2.3 & W 1/2 of
..
21:.
3
125
1,250'.00
59,021.00:_,
*Side lot -75% of fron
foot rate
"Paid -1/-5 - down -Balance
:reflected
FINAL PAVING ASSESSMENT
Bourbon -Basin & RampartSts•FROP,i St. Louis Street TO Beale Street
St. Louis & Beale Sts. .FROM Virginia Street TO West Highland Drive
PAVEMENT 26 ft. wide reinforced concrete
PROPERTY OWNER'S COST $10.00 PER FRONT FOOT
Front
Property Owner Lot BlockI'i Feet Total P_rount
Total Property Owner's Cost------------------------- $
Less Prepaid.by:Property-Owners ----------- ------------
Total Assessment --=----=-----------------------�---- $
Total Estimated City's. Cost ------------------==--=--- $
Total Estimated Cost of Improvements -----------------
.
88,399:00
29,378:00
.59,021.00
241,601.00
$ 3301?.0.00.00
Sectio'xi -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
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; and such assess-
ments shall be collectible with interest, expense of collections, if
any, and reasonable attorney's fees, if incurred and 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
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V �l 7
assessed; that said sums so assessed shall be payable as follows, to -
wit: In five equal installments,. 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 in-
stallment 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 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 assess-
ment, upon such default, shall at once become due and payable at the
option of the City of Beaumont, or their assigns. The said amount pay-
able 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
(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
(SO') feet of property frontage is permissable.
S'e'ctiori 'S .
That for the purpose evidencing said assessments, the liens se-
curing 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 cor-
porate 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 aforemen-
tioned assessments have been levied, sufficient to identify same, and
same shall contain the name or names of the apparent owners thereof.
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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 hav-
ing 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 pay-
able and shall be collectible with interest, expense of collection 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 regu-
larly had in compliance with the law and the Charter of the City of Beau-
mont, 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.
Provided that the failure to issue any such certificate or cer-
tificates shall in no way invalidate any of the assessments herein levied,
but such assessments shall in any event be due and payable as herein pro-
vided.
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 inva-
lidity 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
-12-
day of s 1975.
Ivi ay 6 r -
/�C�J
THE STATE .OF TEXAS X_
COUNTY OF JEFFERSON X_
BEFORE ME, the undersigned authority'; on this day personally
appeared Ken Ritter, 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�. •Y_°' .y;t. `�;
Notary blic in and for Je fersof�;..S
County, Texas
Si m i� ricz
-13-
-
FILED FOR RECORD
z
COUNTY. CLERK
JEFFERSON COUNTY. TEXAS
DEC 1 9 36 N'78
pN 4tFsi tffi9 9Fi> 4a. a� RLH aM!
Vol. O �' Page
M & L RECORDS
STATE OF TEXAS
pppNtr 00% 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.
NCO EppM�� COUNTY CLERK
JEFFERSON COUNTY, TEXAS