HomeMy WebLinkAboutORD 18-Jagainst property
ng
Fourth Street from the north line of the Texas & New
Orleans Right of Way to the south line of Laurel Avenue;
in the City of Beaumont, in Jefferson County, Texas, and the onners
thereof; and against railroad property and the owners thereof for a
share of the cost of improving said portion of said street; fixin g
personal liability on the respective owners thereof and fixing liens
on said respective parcels of property; providing the time and terms
of payment of said assessments and penalties for default; authorizing
the issuance of special assessment certificates to the contractor,
evidencing said obligations and liens; accepting the work of said
improvement, and declaring an emergency.
WHEREAS, the City Commission of the City of Beaumont, in
Jefferson County, Texas, heretofore ordered the improvement of Fourth
Street from the north line of the Texas & New Orleans Right of Way to
the south line of Laurel Avenue in said City (except street intersec-
tions already improved), all as specified in the Resolution ordering
such improvement, to which Deference is here made; and
WHEREAS, after due advertisemaht for bids as required by
the Charter of said City, contract for making said improvements was
awarded to Scott S]�Lambaugh, who entered into contract with said City
under date of the 8th ..day-of:''Sept;.---.3,931:; : and said contractor execut-
ed and delivered toI the City proper construction and maintenance bonds
which were duly approved by the City Commission of said City; and,
WHEREAS as provided for in the Charter of said City, the
City Engineer furnished to the City Commission a written statement show-
ing a description of property and the names of the owners thereof, with
an estimate of the cost of such improvement to each property owner as
required by said Charter, which statement was duly -approved by the City
Commission and a time and place was fixed by the City Commission for a_.
hearing to be given to such owners, and notice of the time, place and
purpose of such hearing was duly and legally given as required by said
Charter; and,
VEEREAS, said hearing was held -at the time and plate speci-
fied in said notice, and after all owners and others interested had been
given a full and fair hearing, said hearing was closed and all protests
acted upon as.shown by the proceedings of the City Commission heretofore
had and entered on the minutes of said City, to all of which reference
is here made; and,
WHEREAS, thereafter said contractor commenced and completed
said improvements to the satisfaction of the City Engineer and the City
Commission of said City; and
WHEREAS,. the City Engineer has furnished the City Commission
-with a revised statement showing a description of the respective,parcels
of property abutting said portion of said street of oresaid, together with
the names of the owners of said respective parcels of property, and a
description of railroad and street railway property and the names of the
owners thereof; which statement also shows the number of front feet of
each parcel of property abutting said portion of said street as corrected
by him from actual measurements on the ground during construction work,
and an itemized statement of the actual cost of said improvements in
front of each respective parcel of property as the property owner's hh.are
of the cost thereof, as well as a statement of the railroad and street
railway share of such cost; and
WHEREAS, the City Commission has examined such statement and.,,__
is of the opinion that same as correctzcj_is in all respects now correct
and should be approved, which statement is as follows: -
That the work of improving said Fourth Street from the
north line of the Texas & New Orleans Right of Way to the south line
of Laurel Avenue, be and the same is -here now accepted as being com-
plete, in compliance with the plans and specifications and contract
for said improvement.
Section 2.
That there be and there is hereby levied and assessed again-
st each respective parcel of property above named, abutting said portion
of said street of oresaid, as well as against the property of any rail-
road or street railway company using, occupying or crossing the same,
and against the respective owners of said respective parcels of abutting
property and the owners of said railroad or railway propsty, the respec-
tive sums of money mentioned and itemized in said statement aforesaid,
with the total amount assessed set opposite the description of the res-
pective parcels of property.
Section 3.
The sums of money hereby assessed against the property of
railroads and street railways and the owners thereof, (otherwise than
abutting property) is for the improvements made between and under the
rails and tracks, and two feet on each side thereof, and the sums so
assessed is the cost of such improvement in such area and shall be
payable at the times and in tiie Xm manner hereinafter specified -for
the payment of the abutting owner's share of the cost of such improve-
ment. And to secure the payment of said assessments a lien is hereby
fixed and created against and upon the rails, tracks, fixtures, rights,
franchises and other property of said railroads and street railways,
which lien is hereby made first and superior to any other lien, claim
or title, ex_eept liens for ad valorem taxes. Said assessments are
hereby declared to be and are hereby made the personal obligation and
liability of the real and true owners of said railroad and railway pro-
perty, and such personal obligation and liability as well as the lien
hereby.fixed to secure the payment of said assessmentsmay be enforced
in any court of competent jurisdiction. ,
Section 4.
That the respective sums of mom y hereby assessed against
said respective parcels of abutting property and the owners thereof as
as
aforesaid, and interest thereon at the rate of seven (7%) per cent per
annUrl, payable annually as it accrues, together with reasonalbe attorneys
fees -and costs of collection, if incurred, are hereby declared to be and
are hereby made the personal obligation and liability of the real and
true owner or owners of said respective parcels of property so assessed,
whether correctly named or not above and a lien is hereby created and
fixed upon said respective parcels of property to secure the payment of
said respective assessments, which lien is hereby declared to be superior
to all other liens, claimes, or titles, except City, County and State
taxes, and said personal liability and charge as well as said lien may be
enforced in any court of competent jurisdiction. The owners of property
naned above are hereby declared to be personally obligated to pay said
assessments. The lien hereby created against said respective parcels of
property shall exist against the same, regardless of whether the name of
the owner be correctly given above or not, and regardless of whether such
property may be correctly described or not.
Section 5.
The lien hereby fixed and creatdd as to all of the property
aforesaid shall relate back to and become effective as of the date of
the original resolution ordering the improvement as aforesaid, (except
as may be modified by any applicable general law relating to such re-
lating back) and shall operate from and after said date in conformity
with the provisions of the Charter of said City.
anct payaole (except as nere inaruer s `eatea ) as or tne uate or tne com-
pletion of said work and the acceptance thereof by said City as evi-
denced by a resolution of acceptance,. and if said assessments are not
paid at said time, they shall bear interest from such date until paid
at -the rate of seven per cent (7J) per annum, payable annually as it
accrues, and all past due interest shall bear interest from the matu-
rity thereof until paid, at the same rate per annum, payable annually
as it accrues.
t rovide�, however, that if the owners of any of said res-
pective parcels of property shall 1m ve contracted with the contractor
making said improvements for the priviliege of paying said assessments
on the deferrdd payment plan, then said respective assessments shall
mature at the times and in the manner provided for in said contracts
in which event said assessments -,shall bear interest at the rate of
seven per cent (7%) per annum from date until paid, payable annually
as it accrues, and all past due interest shall bear interest from the
maturity thereof until paid, at the same rate, payable annually as it
accrues, and in all cases of deferrdd payments, each such owner or
his, her or its successor in the title thereto, or any one interested
therein, shall heue the privilege of discharging the whole amount assess-
ed against him, or any installment thereof at any time before maturity
upon payment thereof with accrued interest. In the event of default
in the payment of any installment of either principal or interest on
said respective assessments then at the option of the holder thereof,
the whole of the., --same may be declared due and payable, without notice,
whereupon all unpaid principal and interest, together with all costs
and reasonable expenses for collecting.the same, including reasonable
attorney's fees, in incurred, shall be collectible, as a personal ob-
ligation of the owner of said respective parcels of property and shall
be secured by a lien on said respective parcels of property, with the
superiorlties hereinbefore set forth and stated, and such personal
liability and lien may be enforced in any court having jurisdiction.
Section 7.
If default shall be made in the payment of any installment
of either principal or interest, when due, then at the option of the
contractor or other legal owner and holder thereof, said obligation
shall at once mature in full, without notice, and the full amount of
the principal thereof then unpaid, shall be collectible with accrued
interest, costs and expenses of collection, including reasonable
attorney's fees, if incurred.
Section 8.
The City of Beaumont shall not in any manner be liable to
the contractor or other holder of said obligation and liens, for the
payment of any of the suns of money so assessed as aforesaid but said
contractor and his assigns or other holder thereof shall look solely
and only to said property and the owners thereof for the payments of
said sums of money, but the City of Beaumont shall, upon request of
the holder of any of said obligations and liens, exercise all of its
lawful powers to aid in the enforcement of said obligations and liens;
provided however, that before said City shall be required to render
such aid, it shall be first indemnified to its entire sttisf action
against the payment of all costs and expenses of such aid, in whatever
manner such aid may be rendered.
Section 9.
For the purpose of evidencing the obligations and liens
aforesaid and to aid in the enforcement thereof, assignable certificates
shall be issued by said City to said Contractor or his assigns, upon
the completion of said improvement aforesaid and its acceptance by the
City Commission, which said certificates shall be executed in the name
of said City by its mayor and attested by its City Clerk, with its cor-
porate seal affixed to each certificate, but it shall not be necessary
64113e If,j
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to affix the seal of any coupon. Said certificates shall be payable
to the contractor or his assigns, at the times and in the manner here-
inbefore specified, and shall state the total amount of the assessment,
the name or names of the respective owners of such property, with a des-
cription of said respective parcels of property by lot and block number
and addition to said City or by such other description as shall be suff-
icient to properly identify the same; shall state the rate of and how
the principal and interest shall be payable; shall provide that the owner
or any successor in the title may pay off the whole of the same at any
time or any installment thereof upon payment of unpaid principal with
accrued interest; shall recite the date of the ordinance by virtue of
which said certificate is issued, as well as the date of the contract
for such improvements, and the date of the completion of same and accept-
ance by the City; shall provide for accellerative maturity in the event
of default in payment of any installment of principal or interest when
due, with penalties for such de fault, including costs of collection and
reasonable attorney's fees it incurred; shall recite the personal liabili-
ty and liens and the superiority thereof as provided for in the Charter of
said City and shall further recite that the proceedings with reference to
making said improvements have been regularly had in compliance with the
terms of the Charter of said City and that all prerequisites to the fixing
of the lien and clam of personal liability evidenced by such certificates
have been performed, and such recitals shall be prima facie evidence of
the facts so recited, and no other proof shall be required but in alb.
courts the said proceedings and prerequisites shall without further proof
be presumed to have been had and performed. Said certificates, in the
event owners have ®ontraeted for deferred pwyments as aforesaid, may have
coupons attached to said certificates xx±xd evidencing said deferred pay-
ments in such form as may be satisfactory to the Mayor and City Clerk and
shall be signed with the fac simile signatures of the Mayor and City
Clerk of said City.
Said certificates need not be in the exacts language specified
above but may be in any form sufficient to carry into effect, under thb
Provisions of the Charter of said City, all recitals necessary to make
the same prima facie evidence of said obligation and lien and the right
to enforce the same as hereinbefore provided, and if substantial confor-
mity with the provisions of the Charter and of this ordinance shall be
sufficient.
Section 10.
The fact that said portions of said street have been completed
and should be opened to traffic for the safety of the traveling public
and the further fact that said work shXould be accepted at once and settle-
ment made Lith the contractor so as to prevent the City from becoming
liable for interest on the assessments, creates an imperative public emer-
gency, necessitating the suspension of the rule requiring ordinances to be
read more than one 39 time or at more than one meeting, wherefore, such
rule is hereby suspended and this ordinance shall be in full force and
effect immediately from its passage gnd approval.
Passed and approved, this the 24th day of November, A. D. 19311
by the affirmative vote of all members of the City Commission.
'A
Mayor,,Zf the CAy of Beaumont, Texas,,