HomeMy WebLinkAboutORD 27-T_?33 _3 S
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AN ORDINANCE
ENTITLED AN ORDINANCE APPROVING AND ADOPTING
THE,CITY ENGINEER!'S WRITTEN STATEYENT AND
REPORT OF THE ESTIMATES OF THE TOTAL COSTS
OF ALL -THE IMPROVEMENTS ON EACH UNIT SET FORTH
HEREINAFTER, THE ESTIMATES OF THE'COSTS PER
FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE
ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF ON EACH UNIT TO BE IMPROVED, AND THE
ESTIMATES OF VARIOUS OTHER COSTS FOR THE IY1-
PROVING OF THE STREETS NAYED HEREINBELOW WITH-
IN THE LIMITS HEREINBELOW DESIGNATED AND ACCORD-
ING TO UNITS AS DESIGNATED, AND OF OTHER MATTERS
RELATING THERETO; DETERMINING AND FIXING THE
PORTION OF SAID COSTS, AND THE RATE THEREOF,
PROPOSED TO BE ASSESSED AGAINST, AND PAID BY,
SAID ABUTTING PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF AS PER UNIT., AND THE PORTION OF
SAID COSTS IN EACH UNIT PROPOSED TO BE PAID BY
THE CITY OF BEAUMONT TEXAS; DETERMINING THE
NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID
ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF BY UNIT, EACH UNIT BEING CONSIDERED
SEPARATELY, FOR THE PART OF SAID COSTS APPOR-
TIONED TO THEM; ORDERING AND SETTING A HEARING
at 10:00 O?Clock A. M.p ON THE 21ST DAY OF
DECEMBER, 1948, IN THE CHAMBERS OF THE CITY
COUNCIL IN THE CITY OF BEAUMONT, TEXAS, AS THE
T= AND PLACE FOR A HEARING OF THE REAL AND
TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL
OTHERS INTERESTED IN SAID ABUTTING PROPERTY,
OR IN SAID PROCEEDINGS AND CONTRACT, CONCERN-
ING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVE-
M�NITS; DIRECTING THE CITY MANAGER OF THE CITY
OF BEAUMONT, TEXAS, TO GIVE NOTICE OF SAID HEAR-
ING AS REQUIRED BY THE LAWS OF THE STATE OF
TEXAS; MAKING DEFINITE AND CERTAIN -THAT EACH
OF THE HEREINAFTER NAM�,D UNITS, ONE- TO ELEVEN
INCLUSIVE, BE CONSIDERED SEPARATELY IN ALL
THINGS INCLUDING THE HEARING HEREIN PROVIDED
FOR, THE LEVYING OF ASSESSBENTS, THE IMPROVE-
MENTS THEREON, PAYMENT THEREFOR BY THE CITY AND
OWNERS OF PROPERTY ABUTTING THEREON, AND THAT
NO DEFECT APPEARING IN ANY ONE UNIT SHALL AF-
FECT ANY OTHER UNIT, AND THAT NO APPEAL FROM
AN ASSESSI-VENT IN ANY PARTICULAR UNIT SHALL HAVE
ANY EFFECT AS TO THE FINALITY OF THE ASSESSMENTS
IN ANY OTHER UNIT.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
SECTION 1:
The City Council of the City of Beaumont, Texas,
hereby finds and determines: -
(a) That the City Council of the City of Beaumont,
has heretofore by ordinance dul-7 enacted
Texas, j
on August 31, 1948, determined the necessity for
and or%ered the improvement of portions of the herein-
below named streets in the City of Beaumont9 Texas,
within the limits hereinbelow described� and according
to Unit numbers as designated, in the manner and accord-
ing to the Plans and*Specifications therefor, which
Plans and Specifications have heretofore been approved
and adopted by said City Council I said streets and
the portions thereof to be improved being as follows�
to -wit : -
Unit 1: South Street, from the West -property
line of Plaripose Street Westward to,
4.5 feet East of Center line of '
Southern Pacific Main line trac--k near
First Street.
Unit 2: South Street, from 4.5 feet West of
center line of Southern Pacific Main
line track'near First Street Westward
to the East property line of Fourth
Street.
Unit 3: First Streetq from the North Property
line of South Street Northward to the
South edge of pavement on Laurel Avenue.
Unit 4: Angelina Street from the East property
line of Fourth Street Eastward to the
East pro-perty line of Third Street.
Unit 5: Guffey Street, from the North property
line of Angelina Street Northward to
the South property line of Pecos Street.
Unit 6: Minor Street, from the South property
line of South Street Southward to the
North property line of Pecos Street.
Unit 7: Eighth Street, from the North property
line of South Street, Northward to the
South property line of Laurel Avenue.
Unit 8: Twenty-third Street, from*the South
property line of North Street Southward
to the North edge of pavement on Calder
Avenue.
Unit 9: North Street, from the West property
line of Twenty-third Street Westward to
include the intersection of Central Drive
and North Street.
Unit 10: Harrison Street, from the West property
line of Pine Street Westward to the East
property line of Grand Avenue.
Unit 11: Fourth Street, from the North line of
College Street Northward to the North
right-of-way line of the Southern Pacific
Main,Line track South of Angelina Street.
(2)
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, the county in which said City of -
Beaumont is situated, on the lst day of September, 1948,
. (b) That the City Council of said City has here-
tofore advertised for and received bids for the construction
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 appro-
priation of funds available for such purpose to cover the
estimated cost of said improvements to said City, all as re-
quired by law and said Charter, did award a Contract for the
construction of said improvements to Trotti & Thomson, Inc.,
on its lowest and best bid, and said Contract has heretofore
been duly executed on behalf of said City and by said Trotti
& Thomson, Inc., and is dated October 28, 1948, and the per-
formance and maintenance bonds required by said Contract have
been properly furnished by said Trotti & Thomson, Inc., and
said Contract and Bonds have been approved, accepted and
authorized by said City Council by Ordinance dated October
26P 1948.
(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
said streets and according to Units as hereinabove designated,
within the limits above defined, and the real and true owners
thereof, and said City Ehgineer has heretofore filed said es-
timates, and a statement of other matters relating thereto with
said City Council, settihg forth a separate estimate in all
the various matters for each Unit, One to Eleven inclusive, and
same have been received, examined and approved by said City
Council, and that in accordance with said statement of estimates
so filed by said City Engineer and herein approved, the amounts
of said estimated costs are as hereinafter stated and set.out
in Section 3 hereof.
SECTION 2:
That the written statement and report of the City
Engineer heretofore filed with the City Council showing the
estimated total costs of all improvements on each of the afore-
said streets in Units One to Eleven inclusive, as designated,
and within the limits above defined, the amounts per front
foot proposed to be assessed against the abutting property and
the real and true owners thereof.for said improvements, the total
estimated cost of said improvements on each of said streets
according to Unit proposed to be assessed against and paid by
the abutting property and the real and true owners thereof, the
total estimated cost of said improvements on each of said streets
according to Unit proposed to be paid by.the City of Beaumont,
Texas, and all other matters relative thereto, having been re-
ceived and examined by the City Council, said report and esti-
mates are hereby in all things approved and adopted.
SEETION 3:
It is hereby found and determined by the City Council
that the estimated total cosf,, of all the improvements on each
-7 -
of said streets in Units One to Eleven, inclusive, as desig-
natedl-within the limits above defined, to be improved;
the total amount per front foot proposed to be assessed
against -the abutting property and the real and true owners
thereoffor all of siid improvements on each of said streets
according to Unit; the estimated total cost of said improve-
ments on each of said streets.according to unit proposed
to be assessed against, and paid by, the abutting property
and the real and true owners thereof; the estimated total
cost of said improvements on each of said streets accord-
ing to Unit proposed to be paid by the City of Beaumont,
Texas, are as follows, to -wit: -
Total amount per front foot proposed to be assessed
against and paid,by the abutting property and the real
and true owner thereof for all of said improvements
on each unit: -
Unit 1:
South Street .
$6.5994
U -n -i -t-7:
South Street . . . . . .
. 8.07155
Unit 3:
First*Street . . . . . .
. . . 6.18511
Unit 4:
Angelina Street
7,4256811
Uni'E__5:
Guffey Street .
3.19835
Unit 6:
Minor Street
5.45065
nit *
U 7-
Eighth Street .
4*
.205433
Unl_t�--
Twenty-third Street
4.17343
M_11_t�:
North - St re et . . . . . .
. . . 6.41371
7n_Pt__1_G: Harrison Avenue . . . . . . . 7.4458
Un_iw_t�- Fourth Street . . . . . . . . 4.110507
Total amount of the costs of all of said -improvements
on each unit proposed to be assessed against and paid
by the abutting property and the real and true owners
thereof: -
Unit 1:
South Street . . . . . .
. . $5,129-71
Unit 7:
South Street . . . . . . .
15,536.12
Unit 3:
First -Street .
31834-77
U --'t--
ni �:
Angelina Street . . . . .
. 41964-07
Unit 5:
Guffey Street . .
12791-08
Unit,b:
Minor Street . . . . . .
. . 39270-40
Unit 7:
Eighth Street . . . . . .
. . 29523.24
Unit_T_
Twenty-third Street
52508-93
Unit 9:
North Street . . . . . . .
. . 8t845-77
TH=10:
Harrison Avenue . . . . .
. 12Y839-54
Tn-it11:
Fourth Street . . . . . .
. 29,126-52
Estimated total amount of the costs of all of said
improvements on each Unit to be paid by the City of
Beaumont, Texas: -
Unit 1:
South Street . . . . .
. . $ 32419.81
T_=77:
South Street . . . . .
. . . 102357-41
7n -ft 3-
First Street .
21556 51.
Unit 4:
Angelina Street . . .
. . . . 31309:38
7n_YZ__T._
Guffey Street
1Y194-06
UnTt___6:
Minor Street
2,180.25
UH177T.-
Eighth Street'.
1P682.19
Unit 8:
Twenty-third Street
3Y672.62
7KIE-7-:
North Street . . . . .
. . . 5)897.21
ni
7 Pt --IU:
Harrison Avenue . . .
8
. . . . 9559-70
U -n -i -f -71T
Fourth Street
.19,417.68
(4)
Estimated total costs of all of said improvements on,
each unit: -
Unit 1:
South Street . . .
$ 8,549-52
Unit 2:
South Street . . .
252893-53
Unit 3:
First Street . .
6091.28
Unit 4:
Angelina Street
8 27343
Unit 5:
Guffey Street . . . . .
. . . . 2'.985-14
Unit b:
Minor Street . . . . . .
. . . 5)-450.65
Unllt�-
Eighth Street . . o . .
. . . . 4 205-43
U 1_t�:
ni
Twenty-third Street
9 181-55
Unit 9:
North Street
14�742.98
Unit 10:
Harrison Avenue
21,399.24
Unit ll:.Fourth
Street
48,544-20
SECTION 4:
That a portion of the cost of said improvements on
each Unit.one to eleven inclusive, shall be paid and defrayed
by the City of Beaumont, Texas, and that a portion of the cost
thereof on each Unit shall be assessed against and paid by
the property abutting upon each of said streets according to
Units and within the limits above defined, and the real and
true owners thereof, in accordance with, and in the manner
provided by the Acts of the 40th Legislature of the State of
Texas, First Called Session, Chapter 106, known and shown a's
Article. 1105-b of Vernon's Annotated Civil Statutes of Texas,
as amended, and adopted by Article XIV Section 2. of the
Charter of the City of Beaumont Texas!
, and that the total
cost of said improvements on each of said streets according
to Units as hereinabove described, shall be and the same are
hereby apportioned between said parties and shall be paid and
defrayed as follows: -
(a) The City of Beaumont shall pay to the Contractor,
Trotti & Thomson, Inc., not less than forty per cent
(40%) of the total 6ost of all of the street and storm
sewer improvements to be constructed in each Unit within
the limit.s and on the streets hereinabove described,
such total cost on each Unit to include an eight and
one-half per cent (81%) Engineering fee. From this
2
figure, which is to be.a minimum figure of.forty per cent
(40%) shall be deducted the eight and one-half per cent
(81%� Ehgineering fee to be charged in each Unit. The
balance shall be paid to the Contractor, Trotti & Thomson,
Inc., in cash. All of said costs are to be as a minimum
in the amounts as hereinabove set out in Section 3 hereof.
(b) The real and true owners of properties abutting
upon the streets to be improved within the limits here-
inabove defined and according to Units as hereinabove set
out, shall pay to the Contractor, Trotti & Thomson, Inc.,
and have assessed.against them, and their said properties
not more than sixty -Veicent (60%) of the total cost of all
of the street and storm sewer improvements to be con-
structed in the particular Unit whereon their said property
abuts, such total cost on e&'C-h Unit to include an eight
and one-half per cent (81%) Engineering fee all of said
2 P
costs being at the rate of and in the amounts as herein-
above set out in Section 3 hereof and according to the
Unit on which the pro�erty abuts.
(5)
a). 1�_ 14) �_T
The portion of said cost of said improvements above
provided to be paid by said abutting property and the real
and true owners thereof shall be assessed against said abutting
property and the owners thereof; provided, hcwever, that no
amount shall be assessed against such abutting property and
the real and true owner or owners thereof in excess of the
special benefits resulting to such property by reason of the
construction of said improvements. The costs Vnich may be
assessed against such abutting property and the real and true
owners thereof shall be in accordance with the "FRONT FOOT
RULE OR PLAN", in proportion ltas the frontage of such property*
is to the entire frontage to be improved on each of the said
streets and in each of said Units, providing further, that if
it shall appear at the hearing on,special benefits given to
said owners, as hereinafter provided for, that the application
of such rule or plan will result in inequality or injustice,
then such rule of apportionment shall be applied as will, in
the judgment of the City Council, produce substantial justice
and equ&lity between respective parcels of property, and the
real and true owners thereof, considering the special benefits
to be received and the burdens imposed, all in accordance with
and as provided for in said Acts of the 40th Legislature of
the State of Texas, First Called Session, Chapter 106, as
hereinabove identified.
That the amounts payable by the real and true owners
of said abutting property shall be paid and shall become pay-
able in five (5) equal annual installments, one of which shall
be due and payable in thirty (30) days after the completion
of the said improvements on each of said streets (and according
to Unit as herein designated) upon which the respective property
of said owners abuts and the acceptance thereof by the City
Council of the City of Beaumont, Texas, and another installment
in a like amount in one (1), two (2), three (3) and four'(4)
years from and after each such acceptance,,.., respectively, to-
gether with interest thereon from said acceptance at the rate
of six per cent (6%) per annum, payable annually, but said
property o-vrners shall have the privilege of paying any and all
of said installments before their maturity by paying principal
and accured interest to the date of said payment. It is parti-
cularly stated here that in this regard each Unit is to be con-
sidered separately, and that completion and acceptance of the
improvements to be made on any Unit shall -cause the payments
referred to hereinabove to become due and payable as stated,
and it shall not be necessary that all Units to be completed
by said Contractor, Trotti & Thomson, Inc., be completed be-
fore the payments on previously completed and accepted Units
become due and payable,
SECTION 5:
A hearing shall be held and given to the real and
true owners and all owning or claiming any interest in any
property abutting upon said streets within the limits above
defined and according to Units as designated hereinabove, and -
to all others owning, claiming or interested in said property,
or any of said matters as to the assessments and as to the
amount to be assessed against each parcel of abutting property
and the real and true owners thereof, and as to the special
benefits, if any, to said property to be received from said
improvements, or concerning any error, invalidity, deficiency
in any proceeding or contract with reference thereto or concern-
ing any matter or thing connected therewith, which hearing -shal-1
(6)
I ) '-� I, -,
shall be held by the City Council in the City Hall of the City
of Beaumont, Texas, at 10:00 o1clock, A. M., on the 21st day
of December, 1948, at which time and place all persons, firms
corporations or estates owning or claiming any such abutting
property or any interest therein, and their agents or attor-
neys or persons interested in said proceedings, shall be noti-
fied to appear and to be heard in-person, or by counsel, and
may offer evidence; and said hearing may be adjourned from
day to day and from time to time and kept open, until all
evidence and protests have been duly offered and heard; and the
City Manager of the W-ty of Beaumont, Texas, is hereby directed
to give notice of said hearing by -publication of notice in
some newspaper of general circulation in the City -of Beaumont,
Jef-'L"erson County, Texas; said notice shall be published at
least three (3) times in said newspaper before �he date set for
said hearing, the first of which publication shall be at least
ten (10) days prior to the date of said hearing, all as pre-
scribed by, and in accordance with the terms and provisions of
said Chapter 106, of the Acts of First�Called Ses-sion of the
40th Legislature of the State of Texas, known as Article 1105-b
of the Revised Civil Statutes of Texas, and amendments thereto,
which Act is adopted by Article XIV, Section 2, of the Charter
by the City of Beaumont, Texas, the form of which notice having
heretofore been submitted to the City.Council, is hereby ap-
proved.
SECTION 6:
That following such hearing as above provided, assess-
ments will be levied against said abutting property and the
real and true owners thereof for that portion of the costs of
said improvements hereinabove determined to be payable by
said abutt ' ing property,and the real and true owners thereof,
said assessments being levied by Unit designations and not at
a general rate for all of said improvements, and which assess-
ments shall be a first and prior lien upon said abutting pro-
perty and a personal liability and charge against the real and
true owners thereof. In levying said assessments, if the name
of the owner be unknown, it shall be sufficient to so state the
fact, and if said abutting,property be owned'by an estate or
by any firm or corporation, it shall be sufficient to so state
the fact, and it shall not be necessary to give the correct name
of any such owner and no error or mistake in attempting to
name any such owner or in describing any of said property shall
invalidate any assessment or certificate issued in evidence there-
of; but, nevertheless, the real and true owners of said abutting
property shall be liable, and the assessment against said abutting
property shall be valid whether or not such owner -be named, or
correctly named, or said property correctly described therein.
SECTION 7:
. It is hereby made definite and certain that each of
the Units, One to Eleven inclusive, as set forth hereinabove,
are to be considered separately in all things including the
hearing hereinabove provided for, the benefits accruing to the
property, the front foot rate to be levied against each lot or
parcel of abutting property and the real and true owner or owners
thereof, the levying of assessments against the abutting property
and the real and true owner or owners thereof, the improvements
thereon, and the payment therefor by the City of Beaumont and
the owners of property abutting thereon. Further, no defect
appearing in any one Unit shall affect the validity of the pro-
ceedings in any other Unit, and no appeal from an assessment
(7)
hereinafter levied or from the hearing herein provided for
shall have any effect as to the finality of the assessments
in any other Unit' -'but as to the expiration of time for ap-
peal from the hearing herein provided for and the assessments
to be levied thereafter, each Unit is to be considered sepa-
rately, and in this regard the assessments to be levied here-
under are to be levied according to each Unit and not generally
for all Units.
PASSED by the City Council, this 7th day of December,
1948.
M A Y OR
7
THE STATE OF TEXAS 2 3 4 0 4 09
COUNTY OF JEFFERSON I KNOW ALL MEN BY THESE PRESENTS: -
That the City of,Beaumont, Texas, acting by and through
its duly elected and constituted City Council, has by ordinance
duly enacted on the _3y,.,t-day of
1948t de
termined the necessity for, and ordered, the permanent improve-
ment of the hereinafter named streets or portions thereof with-
in the limits herein below defined, within the City of Beaumont,
Texas, in the manner, and with the materials as are provided
for in the Plans and Specifications for said improvements pre-
pared, or to be prepared by the City Engineer and as approved
and adopted by said City Council, said streets to be improved
being described as -follows, to -wit:_
SOUTH Street,, from the West property line
of D11ariposa Street Westward to 4.5 feet
East of center line of Southern Pacific
main line track near First Street.
SOUTH Street, from 4.5 feet West of center
line of Southern Pacific main line track
near First Street Westward to the East pro-'
perty line of Fourth Street.
FIRST Street, from the 11orth.property line
of South Street Northward to the South edge
of pavement on Laurel Avenue.
ANGELINA Street, from the East property
line of Fourth Street Eastward to the East
property line of Third Street.
GUFFEY Street, from the Worth property line
of Angelina Street Northward to the South
property line of Pecos Street.
MINOR Street, from the South property - line
of South Street Southward to the North pro-
perty line of Pecos Street.
EIGHTH Street, from the North property line
of South Street Northward to the South pro-
perty line of Laurel Avenue._
19 V.
TWENTY-THIRD Street, from the South propert'y
line.of Borth Street Southward to the Borth..
edge of pavement on Calder Avenue.
BORTH Street, from the West property line o'f
Twenty-third Street Westward to include the
intersection of Central Drive and Borth Street.
HARRISON Street, from the West property line
of'Pine Street Westward to the East property
line of Grand Avenue.
FOURTH Street, from the Borth line of College
Street Northward to the Borth right-of-way
line of the Southern Pacific -,main line track
South of Angelina Street.
That the city ordinance above identified expressly
provides that a portion of the cost of said improvements shall
be paid by, and specially assessed against, the property abutt-
ing upon said streets within.the limits above definedt and
the real and true owners thereof, and that such portion of said
cost so assessed shall be secured by a First and Superior
Special -Assessment Lien against said abutting properties and
a personal claim of liability against the respective real and
true owners thereof.
IN TESTIMONY WHEREOF, the City of Beaumont, Texas, has
caused this Notice to be executed on its behalf by its City
Manager and attested by its City Clerk pursuant to the terms
of said ordinance, on this the _CL day of
1948.
CIT
CITY OF bEAUMOAT; TEXAS
CITY MANAGER
THE STATE OF TEXAS
COUNTY OF JEFFERSON I
BEFORE ME, the undersigned authority, a votary Public
in and for said State and County, on this day personally appeared
Willie a. =Qlmn known to me to be the person whose
name is subscribed to the foregoing instrument as City Manager
of the City of Beaumont, and acknowle.dged to me that she
executed the same for the purposes and consideration therein ex-
pressed and in the capacity therein stated.
UNDER MY HAND AND SEAL OF OFFICE, this ist day
"'o f 1948.
OUATY I
THE STATE OF TEXAS
County of Jefferson I, FRED G. HILL, County Clerk, of Jefferson County, Texas hereby
certify that the foregoing instrument of writing wa's filed for record on the—/ day of
_? .6 1 14�v
1945_)', at_e�vclock _671 M., and re.corded on the__�. �19 -day of
194-0'9a '0 clocic!!��_M. in the
loe 0
Records, Jefferson County, Texas, in volume_n� �fr'�.et seq.
Witness my hand and seal of office at Beaumont, Texas, the day and year last above written.
By��5:51 FRED G. HILL,
eputy. County Clerk, Jefferson County, Texas.
7 -48 -20M -T
1 4
N 0 T I C E
TO THE REAL AND TRUE OWNERS, WHETHER HEREINAFTER NAMED
OR CORRECTLY NAVED OR NOT, OF PROPERTY ABUTTING UPON
THE FOLLOWING STREETS WITHIN THE LIMITS HEREINBELOW
DEFINED AND ACCORDING TO UNITS AS DESIGNATED: -
Unit 1: South Street, from the West property line
of Mariposa Street Westward to 4.5 feet
East of center line of Southern Pacific
Main line track near First Street.
Unit 2: South Street, from 4.5 feet West of center
line of Southern Pacific Main line track'
near First Street Westward to. the East
property line of Fourth Street.
Unit 3:. First Street, from the North property
line of South Street Northward to the South
edge of pavement on Laurel Avenue.
Unit 4: Angelina Street from the East property
line of Fourth Street Eastward to the East
property line of Third Street.
Unit 5: Guffey Street, from the North property
line of Angelina Street Northward to the
South property line of Pecos Street.
Unit 6: Minor Street, from the South property
line of South Street Southward to the North
property line of Pecos Street.
Unit 7: Eighth Street, from the North property
line of South Street Northward to the
South property line of Laurel Avenue.
Unit 8: Twenty-third Street, from the South property
line of North Street Southward to the North
edge of pavement on Calder Avenue.
Unit 9: North Street, from the West property line
of Twenty-third Street Westward to include
the intersection of Central Drive and North
Street.
Unit 10: Harrison Street, from the West property
line of Pine Street Westward to the East
property line of Grand Avenue.
Unit ll:- Fourth Street, from the North line of
College Street Northward to the North right-
of-way line of the Southern Pacific Main
line track South of Angelina Street.
IN THE CITY OF BEAUMONT, TEXAS, AND TO ALL OWNING OR CLAIMING
ANY SUCH ABUTTING PROPERTY, OR A -NY INTEREST THEREIN, AND TO ALL
INTERESTED -IN ANY OF THE PROCEEDINGS, CONTRACTS OR OTHER
MATTERS HEREINAFTER IVENTIONED.
%4m,C
z� - ') - - - " el q --F
Notice is hereby given to the real and true owners,
whether hereinafter named or correctly named or not, of pro-
perty abutting upon the hereinbelow named streets within the
limits hereinb'elow defined and according to Units as desig-
nated, in the City of Beaumont, Texas, and -all persons own-
ing or claiming any such abutting property, or any interest
therein, and to all others claiming or interested in any of
said property, or in any,of the proceedings, contracts and
matters herein mentioned., that: -
The City Council of the City of Beaumont, Texasq by
ordinance duly enacted on August 31, 1948, has determined the
necessity for, and ordered the permanent improvement of.the
followihg streets within the limits defined and according to
Units as designated in the City of Beaumont, Texas, to -wit: -
Unit 1: South Street, from the West property line
of Mariposa Street Westward to 4.5,feet
East of center line of Southern Pacific
Main line track near First Street
Unit 2: South Street, from 4.5 feet West of cen-
ter line of Southern Pacific Main line
track -near First Street Westward to the
East property line of Fourth Street.
Unit 3: First Street, from the North property
line of South Street Northward to the
South edge of pavement on Laurel Avenue.
Unit 4: Angelina Street from the East property
line of Fourth Street Eastward to the
-East property line of Third Street.
Unit 5: Guffey Street, from the North property
line of Angelina Street Northward to the
South property line of Pecos Street.
Unit 6: Minor Street, from the South property
line of South Street Southward to the
North property line of Pecos Street.
Unit 7: Eighth Street, from the North property
line of South Street, Northward to the
South property line of Laurel Avenue.
Unit 8: Twenty-third Street, from the South
property line of North Street Southward
to the North edge of pavement on Calder
Avenue.
Unit 9: North Street, from the West property
line of Twenty-third Street Westward to
include the intersection of Central Drive
and North Street.
Unit 10: Harrison Street, from the West property
line of Pine Street Westward to the East
property line of Grand Avenue.
Unit 11: Fourth Street, from the North line of College
Street Northward to the North right-of-way
line of the Southern Pacific Main Line
track South of Angelina Street.
(2)
by raising,. grading, filling, widening, paving, re -paving,
or repairing same and by constructing such drainage linesand
facilities and other incidentals -and appurtenances thereto as
are deemed adequate by the City Engineer; said paving on Units
1$ 29 3) 4, 9t 10 and 11 to consist of the construction of a
six-inch ( 11) Reinforced Portland Cement Concrete slab to-
gether with Integral Curb and of the type -and width as provided
for in the Plans and Slecifications therefor --prepared by the City
P
Engineer; said pavi ' ng on Units 5, 6, 7 and 8 to consist of the
construction or reconstruction of a Three -Course Hot Mix Asphaltic
Concrete Pavement of -five inches (511) total thickness with In-
verted Concrete Curb -Type 1 and of the type and width as provided
for in the Plans and Specifications therefor prepared by the City
Engineer; all of said improvements to be done in the manner and
as provided for in said Plans and Specifications and the Con-
tract therefore, both heretofore approved and adopted by said
City Council, covering the construction of said improvements:,
said Contract having heretofore been awarded to Trotti & Thomson,
Inc., by -said City Council, and which Contract is dated October
281 1948, and approved and authorized by Ordinance duly enacted
by said City Council on October 25, 1948, which said plans and
Specifications are hereby referred to and are on file in the
okfice of the City Engineer of the City of Beaumont, Texas.
The various overall widths of the improvements to be made on each
of the said streets according to Units as designated are as
followsl to -wit:
Unit
1:
South Street . .
. 31
feet
overall
width
including
curb
Unit
2:
South Street . .
. 31
feet
overall
width
including
curb
Unit
3:
First Street . .
0 24
feet
overall
width
including
curb
Unit
4:
Angelina Street
31
feet
overall
width
including
curb
Unit
5:
Guffey Street
.27
feet
overall
width
including
curb
Unit
6:
Minor Street
27
feet
overall
width
including
curb
Unit
7:
Eighth Street
27
feet
overall
width
including
curb
Unit
8:
Twenty-third Street
..
27
feet overall width including
curb
Unit 9: North Street . . . 31 feet overall width including curb
Unit 10: Harrison Street .. 37 feet, 2 inches overall width
including curb
Unit 11: Fourth Street . . widening existing 20 foot pavement
to an overall width of 37 feet 2 inches, incliiding curb
That said City Council has caused the City Engineer to prepare
and file the hereinafter set out estimates'of the costs of such
improvements according to Units and has heretofore, by duly enacted
Ordinance dated December 7, 1948, determined the necessity of lay-
ing assessments for a portion of the costs of the construction of
said improvements to be made in each Unit against the property
abutting upon each of said streets according to Units and within
the limits above defined, and the real and true owners thereof, and
did adopt and determine the hereinafter set out proposed apportion-
ment of the costs of said improvements between said City and the
said abutting property, and the real and true owners thereof, and
that the -portion of said costs proposed to be assessed against the
said abutting property, and the real and true owners thereof,
will be in accordance with the FRONT FOOT RULE OR PLAN, and did
further adopt the following proTo-sed rates and estimates of said
costs in reference to each of said streets within -the limits
above defined and according to Units as designated, to -wit:
Total amount per front foot proposed to be assessed against
and paid by the abutting property and the abutting property
and the real and trup owner thereof for all of said im-
provements on each -Unit:-
Unit
1:
South Street . . . . .
. . . . $6.5994
Unit
2:
South Street . . . . &
. & . . : : 8.07155
Unit
3:
First Street . . . a 0
. 0 0 . 0 0 6.18511
Unit
J+:
Angelina Street . . . .
. . . . . 7,4256811
Unit
5:
Guffey Street . - - - -
- . - - - 3,19835
Unit
6:
Minor Street . . 0 . 0
. . 0 0 0 0 5.45065
Unit
7:
Eighth Street . . . . .
. . . . . 4.205433
Unit
8:
Twenty-third Street . .
. - - - - 4.17343
Unit
9:
North Street
6.41371
Unit
10:
Harrison Avenue . . . .
. . . . . 7.4458
Unit
11:
Fourth Street
4,110507
Totalamount of the costs of all of said improvements on
each Unit proposed to be assessed against and paid by the
abutting property and the real and true owners thereof: -
Unit
1:
South Street . .
. . .
. . . . . $ 51129-71
Unit
2:
South Street . .
. . .
. . . 15t536.12
Unit
3:
First Street . .
. . .
. . . 3t834-77
Unit
4:
Angelina Street
4)964-07
Unit
5:
Guffey Street
0 1�79loO8
Unit
6:
Minor Street . .
. . .
. . . . - 3.9270-40
Unit
7:
Eighth Street �'.
. 0
0 0 0 0 0 2i523.24
Unit
8:
Twenty-third Street o
- o - 51508-93
Unit
9:
North Street
o 8)845-77
Unit
10:
Harrison Avenue
12:839-54
Unit
11:
Fourth Street
29'126.52
Estimated
total amount of the
costs
of all of said improve-
ments on each
Unit to be paid
by the
City of Beaumont, Texas: -
Unit
1:
South Street . 0
0 0 0
* 0 0 0 39419o8i
Unit
2:
South Street . .
. . .
& . & 0 10;357o4l
Unit
3:
First Street . o
. o ..
. o . o 21556-51
Unit
4:
Angelina Street
. o 0
0 a 0 0 0 0 3009.38
Unit
5:
Guffey Street .
o . .
1,194.o6
Unit
6:
Minor Street . .
o 21180.25
Unit
7:
Eighth Street .
o . .
.19682.19
Unit
8:
Twenty-third Street .
0 3v672.62
Unit
9:
North Street . .
. 0
0 52897o2l
Unit
10:
Harrison Avenue
.
89559-70
Unit
11:
Fourth Street .
. . .
. . . . . . 199417.68
(4)
r�__
Estimated total costs of all of said improvements on each'unit:-
Unit
1:*
South Street . . . . .
. a * . 0 0 0 -$ 81549-52
Unit
2:
South Street, . . .
25,893-53
Unit
3:
First Street
61391.28
Unit
4:
Angelina Street
8 273-45
Unit
5:
Guffey Street . . . .
. . . . . . . . . 2:985-14
Unit
6:
Minor Street
52450.65
Unit
7:
Eighth Street
.4j205-43
Unit
8:
Twenty-third Street
02�181-55
Unit
9:
North Street
14,1742.98
Unit
10:
Harrison Avenue,.
211-399024
Unit
11:
Fourth Street
489544.20
A hearing will be given and held by and before the
City Council of the City of Beaumont, Texas, on the 21st day of
December, 1948, at 10:00 otclock�A.M. in the- Chambers of the City
Council�'�in.the City Hall of the City'of Beaumont., Texas, to the
real and true owners whether named or coxrectly*named herein or
not, of all property abutting.upon each�rsaid streets according
to Unit and within the limits above defined, and'to all persons
owning or claiming any such abutting property, or interest therein,
and to all othersowning, claiming or interested'in said abutting
property, or any of the proceedings, Contract or matters and things
herein mentioned or incident to said improvements or Contract
herein described.
At such time and place, all such persons, firms cor-
porations and estates, and their agents and attorneys shall have
the right to appear and to be heard and offer testimony as to
the said assessmdnts, and to the amount thereof, pro -posed to be
assessed against said abutting property, and the real and true
owners thereof, the lien and charge of personal,liability to
secure payment of said assessments, the special benefits to accrue
to each such abutting property and the owner or owners thereof by
virtue of said improvements, if any, or concerning a . ny error, in-
validity, irregularity or deficiency, in any proceeding or Con-
tract in reference to said improvements, and said proposed assess-
ments, and concerning any other matter or thing as to which hear-
ing is a constitutional prerequisite to the validity of said assess-
ments, proceedings and improvements and on which they are entitled
to a hearing under the laws of the State of Texas and the proceed-,
ings of said City Council of the City of Beaumont, Texas.
Following such'hearing, . assessments will be levied
against each and every -parcel of -property abutting upon each of said
streets according to Units as hereinabove designated and within
the limits herein defined, and against the real and true owners
thereof for that portion of the costs of said improvements de-
termined by said City Counbil to be payable by such ahutting pro-
perties, and the real and true owners thereof, and said assessments
shall be and constitute a first and prior lien upon said abutting
property from the date said improvements were ordered by said City
Council� and shall be a personal liability and charge against the
real and true owners thereof, as of said date, whether such pro-
perty or such true owners be named, or correctly named in said
proceedings or not, and no error or mistake or discrepancy in the
names of such owner or owners or in describing said property in
this Notice or in any of said proceedings with reference to said
improvements shall invalidate any assessment or certificate issued
in evidence thereof, but nevertheless each parcel of property
abutting upon each of said streets and according to Units as desig-
nated, and the real and true owner or owners thereof, shall be
charged with, and be liable for, said assessment, which assessments
shall be valid whether or not such owner or owners be named or
correctly named, or such property be described or correctly des-
cribed, all as provided for under the Acts of the 40th Legislature
of the State of Texas, First Called Session, Chapter 106, commonly
(5)
27
known as Article 1105-b, Revised Civil Statutes of Texas,.as
amended, which Act is adopted by Article XIV, Section 2. of the
Charter of the City of, Beaumont, Texas, under which Act said
improvements, proceedings and assessments are being constructed,
performed and levied.
That each Unit hereinabove designated is to be con-
sidered separately at the hearihg herein provided for, that the
benefits resulting to said abutting properties are to be de-
termined according to Units, that any defect or inadequacy of
benefit on any Unit shall be of no avail or effect to the abutting
property or the real and true owner or owners there'of on any other
Unit, that completion of the improvements on any Unit and acceptance
thereof by the City Council of said City of Beaumont shall cause
payment for that particular Unit to become due and payable as
provided in the Ordinance hereby enacted by said City Council on
December 7, 1948, that -any dissatisfaction with, appeal from, or
court proceedings in relation to any one or more Unit arising out
of said hearing herein provided for shall have no effect upon
any other of the eleven Units herein contained, each Unit being
considered separately; provided, further, that each of the eleven
Units herein contained are to be considered separately -in all
things.
Of all matters and things, all owning or claiming any
such abutting property or interest therein, as well as all others
in anywise interested or affected by the things and matters here-
in contained.,will take notice.
DONE by order of the,City Council of the City of
Beaumont, Texas, this the 71-6 day of December, 1948.
hf'w�' �' 6-z"�
CITY YANAGERCITY OF BEAUMONT
T E X A S
w,
Cirr---2- oFn 13E.2sumolqrr
December 3., 1.948
OA -7-
/ cl,4,
"T
To the Mayor and City Council
City of Beaumont, Texas
Gentlemen: -
In accordance with the proceedings heretofore had by your Honorable
Body,, and upon your direction and request, and in compliance with the law.'
I have prepared anid herewith submit to you,estimates' of the costs of improv-
ing the following named streets within the limits hereinbelow described and
according to Units as designated by the construction thereupon in Units 1.2,
354,9510 and 11 of a-I.six-inch (611) Reinforced Portland Cement concrete pave-
ment with integral curb, drainage lines and 'facilities and other appurtenances
to such work, and in units 5, 6, 7 and 8 of a three -course Hot Ylix'Asphaltic
Concrete pavement of five inches (9) total thickness with.Inverted Concrete
Curb Type 1., drainage lines and facilities and other appurtenances to such
work, all as provided for in the Plans and Specifications therefor heretofore
prepared by and under the direction of the undersigned and approved and adopted
by you, and based upon the Contract therefor dated October 28, 1948� awarded
by you to Trotti & Thomson, Inc., Contractor, said streets to be improved., also
designated by Unit numbers, being described as follows5 to -wit:
Unit 1: South Street,, from the West property line of Mariposa Street
Westward to 4.5 feet East of center lihe of Southern Pacific
Main line track near First Street.
Unit 2: South Street, from 4.5 feet - ffest of center line of Southern
Pacific Main line track near First Street Westward to the
East property line of Fourth Street.
Unit 3: First Street, from the North property line of �outh Street
Northward to the South edge of pavement on Lauilel Avenue.
Unit 4: Angelina Street from the East property line of Fourth Street
Eastward to the -East property line of Third Street.'
Unit 5: -Guffey Street, from the North property line of Agnelina Street
Northward to the South Property line of Pecos.Street.
/J
unit 6: Minor Street, from the South property line of South Street
Southward to the North property line of Pecos Street.
Unit 7: Eighth Street, from the North property line of South Street,
Northward to South property line of Laurel Avenue.
Unit 8: Twenty-third Street, from the South property line of North
Street Southward to the North edge of pavement on Calder Avenue.
Unit 9: North Street., from the West property line of Twenty-third Street
Westward to include the intersection of Central Drive and North
Street.
Unit 10: Harrison Street, from the West property line of Pine Street
Westward to the East property line of Grand Avenue.
Unit 110- Fourth Street, from the North line of College Street Northward
to the North right-of-way line of the Southern Pacific Main
Line track South of Angelina Street.
The estimates hereinafter set out are based on Unit prices called
for in said Contract and the apportionment of the costs of said improvements
as heretofore proposed and directed by you, said estimates being as follows,
to -wit: -
Total amount per fro& foot proposed to be assessed against and
paid by the abutting property and the real and true owner thereof
for all of said improvements on each unit: -
unit 1: South Street ............. ............. 946.5994
Unit 2: South Street ................ ................ 6 8.07155
Unit 3: First Street ...... *000 ... 4 ........ *.*** ....... 90.* .... 0 6.18511
Unit 4: Angelina Streetao..**ee.* ... eee..* .................... 7.4256811
Unit 5: Guffey Street ......... * .......................... .... 0 3.19835.
Unit 6: Minor Street ....... 0 ...... G..* ..... *.So ..... 5.45065
Unit 7: Eighth Street .... 00 ....... 0.* ....... 0 ................. 4.205433
Unit 8: Twenty-third Streeteeo.eeo ............. * ........ .. 4.17343
Unit 9: North Street ...... &.0 ............ ........ 6.41371
Unit 10: Harrison Avenue..** ... ........ ...... 7.4458
Unit 11: Fourth ............. 4.110507
Total amount of the costs of all of said improvements on each unit
proposed to be assessed against and paid by the abutting property
and the real and true ovmers thereof:-
a-) -T
Unit 1: South Street.. -.45,129-71
155536.12
Unit 2: South Street .....
Unit 3: First 33834-77
Unit 4: Angelina Street ................................... 4.,964-07
Unit 5: Guffey Street ..................................... 1.,791.o8
Unit 6; Minor ........ 3.,270-40
Unit 7: Eighth'.3treet .................. so* ..... 25523.24
Unit 8: Twenty—third Street* ... ....... 4o 535o8.93
Unit 9: North Street..00.000.0.0 .......................... S.,845-77
Unit 10: Harrison Avenue ................................. # 12 /.54
.,830
Unit 11: Fourth Street... *.so ................. *a* ....... 00 29,126-52
Estimated total amount of the costs of all of said improvements on each
Unit to be paid by the City of Beaumont, Texas: -
Unit 1: South Street ..... 6.4 .... * ........................ 335419681
Unit 2: South Street ......... s- ........... # ......... a ... 105357-41
Unit 3: First Street............. ...... 00 25556.151
Unit 4: Angelina Street .................................. *. 3,309-38
unit 5: Guffey Street ...................................... 1,194-06
Unit 6: 11inor Street....... ....... # .......... so..* ........ 9 2,180.25
Unit 7: Eighth Street....... ..... 0*00.6 .... 0 ............ *00 1,682.1,0
Unit 8: Twenty-third Street..... .... 0..9496696 3,672.62
Unit �: North Street............. ... ... so 5,897@21
Unit 10: Harrison Avenue,............. ........ * ............ 0 8
,559-70
Unit ll: Fourth Street...... ..... ............ 0.0 19'1.1417-.68
Estimated total costs of all of said improvements on each unit: -
Unit 1: South Street,-,--,,,, .... *so ..... a ...... , ......... *48,549*52
Unit 2: South Street ... o ......... a ........................ 25,893o53
Unit 3: First 6,391.28
Unit 4; Angelina ................ e. 8,273-45
Unit 5: Guffey Street ................................ :.... Z,CI)85-14
Unit 6: Minor Street ......... 0.4 ....... 5,450.65
Unit 7: Eighth Street ...... 0*0 4,205-43
Unit 8: Tiventy-third Street ..... so..* ...... 9,18lo55
Unit 9: North Street.... oe.o ... o ....... o.o..o000.0000 14,742o98
Unit 10: Harrison Avenue....... ... ...... 21,399.24
Unit 11: Fourth Street.... ... &o- . -so .... a-oo--soo .... o .... as 48,544o2o
In addition to the above estimates3.I herewith hand you eleven
proposed assessment rolls, or statements according to Units as set out
hereinabove, relative to said improvements on each of which I have shown
the proposed amount to be assessed against the several parcels of property
abutting upon each of said streets according to Units., and the real and
true owners thereof, together with a description of said properties,, names
of the apparent owners, and the number of front footage and other matters,
all as accurately as I have been able to determine from the rolls of the
City Tax Assessor and abstract data furnished by Stewart Title Company.,
Beaumont, Texas.
Respectfully submitted.,
R. C-ly Black
RCB -r City Engineer