HomeMy WebLinkAboutORD 80-90 ORDINANCE NO. ge :10766552
ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN
TO THE APPARENT ABUTTING PROPERTY OWNERS ON
ELINOR STREET FROM ELEVENTH STREET TO IOLA
STREETS IN THE LUCKY FIVE ADDITION AS T0 -
SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND
THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVE-
MENTS 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 CONNECTED THEREWITH;
OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED, FINDING AND DETERMINING
SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY
AND THE OWNERS THEREOF EQUAL TO OR EXCEEDING
THE AMOUNT OF THE RESPECTIVE ASSESSMENTS
AGAINST THE SAME; FINDING THE REGULARITY OF
ALL PROCEEDINGS , AND THE PERFORMANCE OF ALL
PREREQUISITES TO FIXING THE ASSESSMENTS LIENS,
AND THE PERSONAL LIABILITY OF PROPERTY OWNERS;
LEVYING ASSESSMENT, 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
COLLECTION; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council of the City of Beaumont, Texas,
has heretofore by duly enacted ordinance declared and determined the
necessity for and ordered the permanent improvement of Elinor
Street from Eleventh Street to Iola Streets of the Lucky Five
Addition 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 improvements for the length of time and in the manner and form
required by the Charter of the City of Beaumont and by law , did award
a contract for the construction of said improvements to the
contractor submitting the lowest and best bid and said contract has
been heretofore duly executed by said contractor and the City of
Beaumont, Texas, and the construction bond, and payment bond,
required by said contract has been properly furnished and posted by
said contractor and accepted by said City Council of said City as to
form and amount as required by the Charter of said City and the laws
of the State of Texas; and,
WHEREAS, the said City Council caused the City Engineer to
prepare 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 relating thereto with said City Council, and same were
received, examined and approved by the City Council; and,
WHEREAS, the City Council of the City of Beaumont ordered
that a hearing be given to the real and true owners of property
abutting upon said street, within the limits specified, and unto all
persons owning or claiming any such abutting property or interested
in said property or any of said matters as to the assessment and as
to the amounts proposed to be assessed against each parcel of such
abutting property , and the real and true owners thereof, and as to
the special benefits to said abutting property and the owners thereof
by means of said improvements for which assessments are to be levied,
and as to the accuracy , sufficiency , regularity and validity of the
proceedings and contracts 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 1:00 p .m. on the
9th day of September, 1980 , 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
ordered to give notice of said hearing as required by the law of the
State of Texas; and,
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WHEREAS, said notice by publication and mailing, as ordered
and directed by the City Council, has been duly given, said notice so
published and mailed having described the nature of the improvements
for which assessments were proposed to be levied, having stated the
street or portion thereof to be improved, the estimated amounts per
front foot proposed to be assessed against the abutting property and
the owners thereof, and having stated the time and place at which
said hearing should be held, and said .notice having in all respects
fully met and complied with all provisions of the law of the State of
Texas; and,
WHEREAS, at said hearing all parties desiring or in any
manner wishing to be heard concerning any of the matters mentioned in
said ordinance ordering and fixing the date of said hearing and in
said notice, and as to any other matters connected with said
improvements, contracts and assessments having been heard, considered
and corrected; and said City Council having heard evidence as to the
special benefits of and to said abutting property and each parcel
thereof and to the respective owners thereof in the enhanced value of
said property by means of such improvements, and said City Council
having heard and considered the evidence in the premises and having
given a full and fair hearing to all parties appearing or desiring to
appear, and having determined at such hearing said special benefits
as aforesaid, and having determined that there is not to be assessed
against such abutting property and the owners thereof more than that
assessment rate allowed by law; and having determined that after
making adjustments for any particular cases as may be described
herein, the assessment rate is just and equitable having in view the
special benefits in enhanced value to be received by the parcels of
abutting property and the owners 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
equality of benefits received and burdens imposed; and the City
Council having determined at said hearing that the assessments made
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and the charges declared against said property owners and their
property are in all things just and equitable and that in each
instance the assessment made against any parcel of property and its
owner is less than the special benefits to said property and said
owner in the enhanced value thereof by means of said improvements,
and that all objections and protests should be overruled and denied;
and,
WHEREAS, all proceedings with reference to making the
improvements 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 respective owners thereof have been performed, and
upon completion of said improvements and acceptance thereof by the
City of Beaumont, assignable certificates should be issued in
evidence of said assessments and liens and the liability of the true
owner or owners of said properties, whether correctly named or not,
all as provided by law;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT :
Section 1 .
THAT there be no further testimony or evidence or protest for or
against such improvements at said hearing granted to the true owners
of properties abutting upon the aforementioned streets within the
limits above defined and to all persons owning or claiming same or
any interest therein and to all others owning, claiming or
interested in said 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 2 .
THAT the City Council finds and declares that all proceedings with
reference to the making of improvements on the aforementioned streets
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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 properties 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 interested 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 realigning curbs and
gutters and nine-tenths (9/10ths) of the remaining costs of such
improvements as shown on the estimate of the City Engineer; that
adjustment and apportionment of costs amount to all properties and
the owners thereof have been made in full compliance with the law so
as to produce a substantial equality of benefits received and
burdens imposed and that the special benefits to each parcel of
property and the owner thereof in the enhanced value thereof by means
of said improvements is in each instance in excess of the amount of
the assessment made against said parcel of property and its owner;
and that the assessments, liens and charges declared against said
properties and their owners are in all things just and equitable.
Section 3 .
That in pursuance of the ordinances and resolutions
heretofore adopted and passed by the City Council of the City of
Beaumont, relating to the improvements of said portion of said street
and in pursuance of the abovementioned 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 owners 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
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hereby levied and assessed against the properties abutting on said
portion of said streets heretofore ordered improved, and against the
real and true owners thereof, respectively , the following amounts,
the description of said properties and the apparent owners thereof,
respectively , and the several amounts so assessed being as follows:
ASSESSMENT PAVING ROLL
PETITION NO.
❑ PRELIMINARY jO5. NO. 14
FINAL SHEET NO. 1 OF 3
STREET/S _ Elinor Street from Eleventh Street to Iola Street
Lucky Five Addition
PAVEMENT 26 ft wide concrete pavemenf
PROPERTY 04 :DER'S COST $10 . 0 0/S 1 2 0 0 ?E¢ FP,Ca.'T FOOT
PROPERTY OWNER AND MAILING FRONT PROPERTY tY,-'NERIS COST PROPERTY
ADDRESS LOT BLK. F00T Ft. S LOCATIQi{
' Bernard, Wendllyn 5 & 6 7 100 $1200. 00 Elinor
3345 Elinor
Beaumont, Texas 77705
Cassmore, John 4 2 50 600. 00 Elinor
3340 Elinor
Beaumont, Texas 77705
Jacobs, Melvin 3 6 50 600 . 00 Elinor
3421 Elinor
Beaumont, Texas 77705
, Johnson, Howard 2 7 50 600 . 00 Elinor
3855 Scranton
Beaumont, Texas 77705
Jones, Robert E. 8 & 9 3 100 1200. 00 Elinor
; 3422 Elinor
Beaumont, Texas 77705
Lemons, Alsaiah 18, 19 & 6 172 . 9 2074 . 80 Elinor
2220 Rampart
' Beaumont, Texas 77705
Diary Maida 3 2 50 600. 00 Elinor
, 185 Central Caldwood Dr 4 1 66 792 . 00 Elinor
; 'Beaumont, Texas 1392 . 00
iOwens, David 7 1 50 600-QO Elinor
' 3280 Elinor
EBeaumont, Texas 77705
: Price, A. J. 9 & 10 7 100 1200. 00 Elinor
32505 Goliad
; Beaumont, Texas
X DENOTES CORNFR LOT, DISCOL11T RATE INCLUDED IN ASSESS"ErIT R .TF FOR SIDr LOTS.
C t�rti S IN P.=RED< fir-SIS t7EF!_ECT (`I, "P'S AS LI�TF� CITY ^' ?'AIC� �T T•".X Pelt_.
y
ASSESSMENT PAVING ROLL
PET I T I 0.'V NO.
1i El PRELIMINARY JOB. NO.
14
k# FINAL SHEET NO. 2 OF .3
E�
':= STREET/S
Elinor Street from Eleventh Street •to Iola Street
Lucky Five Addition
PAVEMENT 26 ft. wide concret , nay m nt
PROPERTY OYTER'S COST $10 0 0/S 12 0 0 PER FRONT FWT
PROPERTY OWNER AND MAILING FRONT
PROPERTY 01;TIER`S COST PROPERTY
ADDRESS LOT BLK. FOOT S12-. 00' LOCATION 10 , 00
'erafino, Charles V. 11,12 & 4 150 . 3 $1803 . 00 Elinor
4738 Cindywood E 21-ft.
-iouston, Texas 10
Smith,- Ja�-nes 5 1 52 .5 630 . 00 Elinor
3. 260 Elinor
eaLLmont, Texas 77705
aylor, Van ' 8 1 50 600 . 00 Elinor
?134 Sarah
Beaumont, Texas
.Tallier, Joe 6 1 50 - 600 . 00 Elinor
3270 Minor
=eaumont, Texas 77705
-:ill-jams, Clyde 1 7 50 600. 00 Elinor .
1576 Doucette
eaumont, Texas 77701
DENOTES CORI-R LOT, DI SCOLC`IT RATE INCLUDED IN ASSESS?`SIT RATE FOR S I� LOTS.
i
d
5
d _ 7 _
ASSESSMENT PAVING ROLL
SUMMARY SHEET
PETITION NO.
PRELIMINARY . JOB N0. 14
OF 3
FINAL SHEET NO. 3
STREET/S Elinor Street from Eleventh Street to Iola Street
Luckv Five Addition_
PAVEMENT 6 ft i
PROPERTY OVNER'S COST
$10 . 00/$12 . 0u- PER FRONT FOOT
PRELIMINARY ,
TOTAL ESTIMATED COST OF CONSTRUCTIO+N $
TOTAL PROPERTY aINER' S COST @ $10 . 00 Rate $
TOTAL PROPERTY 01.,,NER'S COST 0 $12 . 00 RATE �
TOTAL EST IMATED CITY' S COST IF PROPERTY O:liJER'S RATE @ $i u . 00 $
TOTAL EST I MATED C I TY` S COST I F PROPERTY 01.,rNER'S RATE @ $12 . 0 0 $
FINAL
TOTAL 0'dtcR'S COST $ 41, 602 . 50
LESS PREPAID BY PROPERTY OV,,IER'S @ $10 . 00 RATE $ 27 , 902 . 70
TOTAL ASSE '-
SS' NT $ 13, 699 . 80 _
TOTAL ESTIMATED CITY'S COST $ 158, 397 . SO
TOTAL ESTIMATED COST OF IM°RO`.%rNE 4T $ 200 , 000 . 00
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Section 4 .
That said several amounts, together with interest, expense
of collection, if any , and reasonable attorneys' fees, if incurred,
shall be and the same are hereby declared to be a first and prior
lien on and against said respective abutting properties, and said
amounts so assessed, together with said other items, shall be and the
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; expense of collections , if any , and
reasonable attorneys' fees, if incurred, and shall be a first and
prior lien on the property assessed, superior to all other liens and
claims except State, County and City ad valorem taxes, and shall be a
personal liability and charge against the said owners of the
property assessed; that said sums so assessed shall be payable as
follows, to-wit: In five equal 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 installment payable annually thereof over the next four
(4 ) years with interest at eight (8%) percent 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 assessment, upon such default, shall at once become
due and payable at the option of the City of Beaumont, or their
assigns. The said amount payable by the property owners may also be
payed, one-fifth ( 1/5 ) 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 eight (8%) percent 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 (50) feet of
property frontage is permissible.
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Section 5 .
That for the purpose evidencing said assessments, the liens
securing same and the several sums payable by said property owners
and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates shall be issued by the City of
Beaumont upon completion and acceptance of said improvements, which
certificates shall be executed by the Mayor and attested by the City
Clerk , with the corporate seal affixed, and shall be payable to the
City of 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 aforementioned assessments have been
levied, sufficient to identify same, and same shall contain the name
or names of the apparent owners thereof.
Said certificates shall further set forth and evidence the
assessments levied and shall declare the lien upon the respective
properties and the liability of the true owner or owners thereof,
whether correctly named or not, and shall provided that if default be
made in the payment thereof, said shall be enforced by a suit in any
court having jurisdiction. And the said certificates shall further
provide that if default be made in the payment of any installation of
principal or interest thereon when due, then, at the option of the
owner and holder thereof, the whole of said assessment shall become
at once due and payable and shall be collectible with interest ,
expense of 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 regularly had in compliance with the law and the Charter of the
City of Beaumont, 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.
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Provided that the failure to issue any such certificate or
certificates shall in no way invalidate any of the assessments herein
levied, but such assessments shall in any event be due and payable as
herein provided.
Section 6 .
That in 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 invalidity shall in no wise affect the remaining portions of
this ordinance, and to such end the various portions and provisions
of this ordinance are declared to be severable.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
C?jAs day of � , 1980.
Mayor -
Maurice Meyers
THE STATE OF TEXAS
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared MAURICE
MEYERS, 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. 1980.
"{� i:" `� � �'• ` ';+ �� Notary Public in an for
F;
Jefferson County, Texas
Barbara Liming
4+
`4 r
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File FOR RECORD
COUNTY NTY � `7f652
JEFFERSON COUNTY.TEXAS
MAR ZQ 9 59 11
Y41 c ._Pag®
DEED RECORDS
STATE OF TEXAS
NNNNYY CCC�T 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.
�FEICNN CONNt� COUNTY CLERK
JEFFERSON COUNTY, TEXAS