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HomeMy WebLinkAboutORD 32-U�G,94 tai-1fYq AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,TEXAS CLOSING THE HEARING GIVEN TO THE REAL AND TRUE - OWNERS OF PROPERTY ABUTTING UPON LAUREL AVENUE IN - THE CITY OF BEAUMONT, TEXAS, WITHIN THE LIMITS HERE- INBELOW DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE' TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROV , .1ENTS OF SAID STREET GITHTN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PRO- CEEDINGS OR CONTRACT THEREFOR, OVER -RULING AND DENY- ING ALL PROTESTS AND OBJECTIONS OFFERED, FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY, ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED 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 THERE- OF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERT^IES, . AND THE REAL AND TRUE ONWERS THEREOF, PROVIDING FOR THE;_ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PArAENT THEREOF AND PROVIDING FOR THE MANNER AND METHOD OF COLLEC- TION OF SAID ASSESSMENTS'AND CERTIFICATES. BE IT ORDAINED BY THE CITY OF BEAUMONT : SECTION 1: The City Council of the City of Beaumont, Texas, hereby f Inds and determines: (a) That the City Council of the City of Beaumont, Texas, has heretofore by Ordinance duly enacted on March 29,;,1949, determined the necessity for, and ordered, the improvement of a portion of Laurel Avenue in`4the City of Beaumont, Texas, within the limits hereinafter defined, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by said City Council, said street and the portions thereof to be improved being as follows, to -wit: LAUREL AVENUE, from the West line of Eleventh Streetvestward twnnty-two hundred (2, 2001 ) feet, 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 7th day of April, 1949. (b) That the City Council has heretofore advertised for and received bids for the construction of said impr=ments 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 -1- duly made appropriation of funds available for such purpose to cover the estimated cost of said improve- ments to said City, all as required by law and said Charter, did award a contract for the construction of said improvements to R. P. Farnsworth and Company, Inc., on its lowest and best bid, and said contract has heretofore been duly executed on behalf of said City and by said R. P. Farnsworth and Company, Inc., and is dated May 4, 1949, and the performance and maintenance bonds required by said contract have been properly furnished by said R. P. Farnsworth and Company, Inc., as d said contract and bonds have been approved, accepted and authorized by said City Council by Ordinance dated April 26, 1949. (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 street within the limits above defined, and the real and true owners thereof., and said City Engineer has heretofore 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 June 7, 1949, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on said street within the limits herein defined, 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 10:30 o'clock a. m. on the 21st day of June, 1949, in the Council Chamber of the City Hall of Beaumont, Texas, for the real and true owners of the properties abutting upon said street within said limits defined, and for all others owning or claim- ing any interest in, or otherwise interested in said properties, or any of said matters as to the assess- ments 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 bene- fits to accrue to said abutting properties and the real and true owners thereof by virtue of said improvements, if any, or concerning any error, invalidity, irregularity, or deficiency in any proceeding or contract concerning 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 r. the City Manage. -,of said City give notice of said hearing as required 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 Vernon1s Annotated Civil Statutes of Texas, as adopted by Article XIV, Section 2, of the Charter of said City, said notice to be by 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 prior to 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 publication of same in the Beaumont Journal, a newspaper published in the -2- City of Beaumont, Texas, on June 9, 1949, June 10, 1949, and June 11, 1949. (f) That after due, regular and proper notice there- of all as provided by said Acts, said hearing of which notice was so given was opened and held on June 21, 1949, at 1.0.30 o'clock a. m. in the Council Chamber 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 testified as follows: R. Clyde Black, City Engineer, at the request of the City Attorney,'discussed the general nature and character of the proposed improvements, which consist of a seven (711) inch reinforced concrete pavement with curb and gutter, together with appurtenances, drainage structures and other incidentals, and the width of the pavement to be twenty (20 1) feet. Lum Edwards testified on oath in response to questions by the City Attorney that he has been in the real estate business in Beaumont, Texas since 1922; that in such capacity he has engaged in the purchase and sale of real estate and was familiar with the character and values of property in general in the city and particularly with those abutting upon Laurel Avenue within the limits to be improved; that in his opinion each parcel of property abutting upon said portion of Laurel Avenue will be specially b:nefited 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 45.76 per front foot. Ted Moor testified on oath in response to questions by the City Attorney that he has been in the real estate business in the City of Beaumont for twelve years ; that he was familiar with the character and values of_ property in general in the city and particularly with those abutting upon Laurel Avenue within the limits to be improv- ed; that in his opinion the property abutting upon said portion of Laurel Avenue will be specially benefited in value as a result of the proposed. improvements and that the amount of such special benefits in each instance will be of a minimum of y$5.76 per front foot. No further persons or parties appearing and desiring to be heard or offer testimony, upon motion by Councilman Venza , seconded by Councilman _ Kellg , and duly .carried, said hearing was declared closed. (g) That at' none of said hearings were any objections, protests ortestimony offered as to said improvements, the assessments or contracts therefor, or as to any of the proceedings in reference thereto except as herein- above 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 beard 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 the proceedings and contract for said improvements, 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, evidence, matters, testimony and objections offered, and based upon same, said City Council finds that each and every parcel of property'abutting upon said street within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction of said improvements in an amount . in excess of the amount of the cost of said improve-. ments, proposed to be, and hereinbelow assessed against each of said parcels of property abutting upon said street, and the real and true owners there- of; and said City Council did consider and correct all errors, invalidities, or deficiencies called to its attention, and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and the proceed- ings 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 hereinbelow made and the charges here- by declared against said abutting properties and the real and true owners thereof are just and equitable and did adopt the rule of apportionment set forth ,below herein and the division of, the costs of said improvements between said abutting' properties, and the real and true owners thereof, as being just and equitable and as producing substantial equality considering the benefits to be received 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 proceedings, said hearing granted to the real and true owners of properties abutting upon said street within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether -4- 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 property abutting upon said street within the limits herein defined, 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 street, 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 owners and owner thereof, and finds that the apportionment of the costs of said improvements, and that the assessments hereinbelow 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 assessment 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 per- formed, in compliance with 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 street within the limits hereinabove named and defined, and in pursuance of said proceedings hereto- fore 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 street as hereinbelow described, and against the real and true owners thereof, whether such real and 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 parcels 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 (Here insert Assessment Rolls) VAN WORiVLER 2ND ADDITION Estate of O.B. Sawyer, Decd, Ethel Sawyer, Executrix - 1 thru 11 33 Estate and heirs of Sam Bush and Viola Bush 1 25 George Baker and wife, Susie Baker 2 25 John Pollard & wife, Rosetta Pollard 3 25 Louis A. Dudley,III, and wife, Irene Dudley- 4 25 Estate and heirs of Louis A. Dudley, Senior, and Minnie Dudley 5 & 6 (b) Gulf States Utilities Co.' being all'that portion of CD land described in deed dated August 20, 1945, from H. B. Funchess, Jr. to Gulf States Utilities Company, -recorded in Vol. 709, pg. 269, Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Ave. and is in the Noah Tevis Survey (c) Southern States Steel Corporation, _being all that portion of land described in deed dated January 22, 19491 from H.B. Funchess, Jr., to Southern States Steel Corpora- tion, recorded in Vol. 7232 pg. 277 of the Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Avenue and is in the Noah Tevis Survey WE 560.46 50®00 50.0 50.0 50.00 275.00 301.41 3226.50 257.54 257.54 257.54 287.84 519.16 1553414 1735.15 FINAL PAVING ASSESSMENT ROLL ON LAUREL AVENUE FROM W. L. of 11th ST WEST 2200 FEET Front Foot Rate: $5.756576 Property Owner Lot or Tract Block Frontage Total Amount SOUTH SIDE: (a) Kelly's Dairies; being all that portion of land described in deed from Will E. Orgain to Kelly's Dairies, -dated June 25, 1945,.recorded in Vol. 553, page 425 of the Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Avenue and is in the Noah Tevis Survey 125.66 $ 723.41 VAN WORiVLER 2ND ADDITION Estate of O.B. Sawyer, Decd, Ethel Sawyer, Executrix - 1 thru 11 33 Estate and heirs of Sam Bush and Viola Bush 1 25 George Baker and wife, Susie Baker 2 25 John Pollard & wife, Rosetta Pollard 3 25 Louis A. Dudley,III, and wife, Irene Dudley- 4 25 Estate and heirs of Louis A. Dudley, Senior, and Minnie Dudley 5 & 6 (b) Gulf States Utilities Co.' being all'that portion of CD land described in deed dated August 20, 1945, from H. B. Funchess, Jr. to Gulf States Utilities Company, -recorded in Vol. 709, pg. 269, Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Ave. and is in the Noah Tevis Survey (c) Southern States Steel Corporation, _being all that portion of land described in deed dated January 22, 19491 from H.B. Funchess, Jr., to Southern States Steel Corpora- tion, recorded in Vol. 7232 pg. 277 of the Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Avenue and is in the Noah Tevis Survey WE 560.46 50®00 50.0 50.0 50.00 275.00 301.41 3226.50 257.54 257.54 257.54 287.84 519.16 1553414 1735.15 Property Owner FINAL.. PAVING ASSESS14ENT ROLL CONTINUED Lot or Tract (d) H.B. Funchess, Jr.."and G. Sargl, being all that portion of land described in deed dated March 31, 1949) from H.B. Funchess, Jr. to G. Sargl, recorded in Vol. 7301 pg. 215, Deed Records of Jefferson County, Texas, which property abuts the South line of Laurel Avenue and is in.the Noah Tevis Survey NORTH SIDE: (e) James A. Talley, being all that por- tion of land described in deed dated July 30, 1948, from George J. Todd, Beatrice Kohler, and.C.A. Kohler to James A. Talley, recorded in Vol. 707, pg. 278, Deed Records of Jefferson County, Texas, which property abuts the North line of .Laurel Avenue and.is in the Noah Tevis Survey (f) Mrs.-O.B. Sawyer, being all "that . - , portion of land described in deed dated April 21, 1948, from George J. Todd, C. A. Kohler and Beatrice Kohler,to Mrs. 0. B. Sawyer, re- corded in Vol. 698, pg. 370, Deed Records of Jefferson County, Texas, which propertyabuts the North line of Laurel Avenue and is in the Noah Tevis Survey (g) George J. Todd and Beatrice.Kohler being all that portion of land described indeed dated June 10, 1948, from H. B. Funchess, Jr., to George" J. Todd,' C. A. Kohler, and Beatrice Kohler, recorded in Vol® 703, pg. 114 of the Deed il.ecords -o'f Jefferson County, Texas, and in deed dated January 202 1949, from C. A. Kohler to Beatrice Kohler, recorded in Vol. 726, pg. 306 of the Deed Records of Jefferson County, .Texas, which property abuts the North line of'Laurel Avenue and is in the Noah Tevis Survey Block Frontage 477.29 284.8 65.0 660.0 %Mct, 3.2-- �4 Total Amount 2747.70 1639.56 37$8.02 3799.54 Property 01,,ner FINAL -' PAVING ASSESSMENT ROLL CONTINUED Lot or Tract Block Frontage Total Amount (h) H.B. Funchess, Jr., being all that portion of land described in deed dated June 3, 1948, from George J. Todd, C. A. Kohler and Beatrice Kohler to.H. B. Funchess, Jr., recorded in Vol. 703, po. 115, Deed Records of Jefferson County, Texas, which property abuts the North line of Laurel Avenue and is in the Noah Tevis Survey Total Property Owners' Portion Total City's Portion Total Cost of Improvements 417.2 2401.77 42050.00 u;123,315-34 57828.85 029,144.19 SECTION 5• That the several sums mentioned above in Section 4 hereof, assessed against said parcels of abutting property andthe real and true owner or owners thereof, whether said owners be named or correctly named, or said properties be correctly describ- ed herein or not, together with interest thereon at the rate of six per cent (6%) per annum and with reasonable attorney's fees and all costs and expense of collection, 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 thereof, 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, 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 acceptance 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 installments of principal and interest to bear interest at 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 default is made, shall, at the option of the said R. P. Farnsworth and 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 manner 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 R. P. Farnsworth and 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 obligated to furnish R. P. Farnsworth and 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 parcels of property and the real and true owner or owners thereof, collection thereof shall be enforced at option of said R. P. Farnsworth and Company, Inc., or its assigns, either by suit in any court having jurisdiction 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. 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 oimer or owners -6- 6 C1 I / I Y-1 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 R. P. Farnsworth and Company, Inc., upon the completion and acceptance of said improvements in said street, which certificates shall be executed by the Iayor 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 improvements for which the certificate is issued, and shall contain the name of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and block number or front foot thereof, or such other description as may otherwise identify 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 assessment levied hereby or the certificate issued in evidence thereof. That the said certificate -shall further provide substantially that if default shall be made- in the payment of any installment of principal or interest when due, then at the option of R. P. Farnsworth and Company, Inc., or its assigns, or the holder thereof, the whole of said assessment evidenced there- by shall at once become due and payable and shall be collectible with reasonable attorneyts fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such ,property, whether named or correctly named therein or not, and the lien upon such property, and that 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 R. P. Farnsworth and 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 improvements 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 recitals shall be evidence of all the matters and facts so recited and no further proof there- of shall be required in any court. That the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of. the Mayor and City Clerk. That said certificates shall further provide in effect 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. -7- 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, notwithstanding.. such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the descrip- tion of any property or the amount of any assessment, or in any other matter or thing,shall not in anywise invalidate, or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity 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 said street within the limits herein defined, 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 the proceedings of said City Council relative to said improvements and assessments there- for., 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 21st day of June , A. D., 1949.