HomeMy WebLinkAboutORD 23-JLEVYING assessments against property abutting on
Emile Street from the south line of Royal Avenue to the
north line. of Corley Avenue;
in the City of Beaumont, in Jefferson County, Texas, and the owners
thereof; and against railroad property and the owners thereof for a
share of the cost of improving said portion of said street; fixing
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; authoriz-
ing the issuance of special assessment certificates to the contract-
or, 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 Emile
Street from the south line of Royal Avenue to the north line of Cor-
ley Avenue in said City (except street intersections already paved
and improved), all as specified in the Resolution ordering such im-
provement, to which reference is here made; and,
WREAS, after due advertisement for bids as required by the
Charter chi? said City, contract for making said improvements was
awarded -t-o; Scott Shambaugh, who entered into contract with said City
under date of the 8th day of September, 1931; and said contractor'
executed and delivered to the City proper construction and mainten-
ance 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
showing a description of property and the names of the owners there-
of, with an estimate of the cost of such improvement to each proper-
ty 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 C0=1ission 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,
WHEREAS, said hearing was held at the time and place 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 par-
cels of property abutting said portion of said street aforesaid, to-
gether 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 share 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 corrected is in all respects now cor-
rect and should be approved, which statement is as'follows:
That the work of improving Emile Street from the south line
of Royal Avenue to the north line of Corley Avenue, be and the same
is here now accepted as being complete, 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 aforesaid, as well as against the property
of any railroad or street railway company using, occupying or cross-
ing the same, and against the respective owners of said respective
parcels of abutting property and the owners of said railroad or street
railway property, the respective sums of money mentioned and item-
ized in said statement aforesaid, with the total amount assessed
set opposite the description of the respective 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 the manner hereinafter
specified for the payment of the abutting owner's share of the cost
of such improvement. 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, except 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 anddrtariu`ay property, and such person-
al obligation and liability as well as the lien hereby fixed to se-
cure the payment of said assessments, may be enforced in any court
of competent jurisdiction.
Section 4.
That the respective sums of money hereby assessed against
said respective parcels of abutting property and the owners thereof,
as aforesaid, and interest thereon at the rate of seven (7%) per cent
per annum, payable annually as it accrues, together with reasonable
attorney's fees and costs of collection, if incurred, are hereby
declared to be and are hereby made the personal obligation and lia-
bility of the real and true owner or owners of said respective par-
cels 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,
claims, or titles, except City, County and State taxes, and said
personal liability and charge as well as said lien may be enforced
in anycourt of competent jurisdiction. The owners of property named
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 created 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, (ex-
cept as may be modified by any applicable general law relating to such
relating back) and shall operate from and after said date in conformity
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payable ( except as hereinafter stated) as yof the date of the comple-
tion of said work and the acceptance thered aid City as evidenced by
a resolution of acceptance, and if said assess encs are not paid at
said time, they shall bear interest from such date until paid at the
rate of sdven per cent (7%) per annum, payable annually as it accrues,
and all past due interest shall bear interest from the maturity thereof
until paid, at the same rate per annum, payable annually as it accrues.
Provided, however, that if the owners of any of said respect-
ive parcels of property shall have contracted with the contractor mak-
ing said iiAprovements for the priviliege of paying said assessments
on the deferred 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 (7f) per annum from date until paid, payable annually as it
accrues, and in all cases of deferred payments, each such owner or his,
her or its successor in the title thereto, or any one interested there-
in, shall have 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 thereofp
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 s ame, including reasonable
attorney's fees, if incurred, shall be collectible, as a personal obli-
gation of the owner of said respective parcels of property and shall be
secured by a lien on said respective parcels of property and shall be
with the superiorities hereinbefore set forth and stated, and such per-
sonal liability and lien may be enforced in any court having jurisdic-
tion.
Section 7.
If default shall be made inthe payment of any installment
of either principal or interest, when due, then at the option of the
congractor 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 sums 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 satisfaction
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 afore-
said 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
to affix the seal on 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
description of said respective parcels of propsrty by lot and block num-
ber and Addition to said City or by such other description as shall be
sufficient 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 con-
tract for such improvements,' and the date of the completion of same
and acceptance 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 default, including costs of
collection and reasonable attorney's fees if incurred; shall recite
the personal liability end liens and the superiority thereof as provid-
ed for in the Charter of said City and shall further recite that the
Proceedings withreference to making said improvements have been regular-
ly had in compliance with the terms of the Charter of said City and that
all prerequisites to the fixing of the lien and claim of personal lia-
bility evidenced by such certificates have been perf ormed, and such
recitals shall be prima facie evidence of the facts so recited, and no
other proof shall be required but in all courts the said proceedings
and prerequisites shall without further proff be presumed to have been
had and performed. Said certificates, in the event owre rs have contract-
ed for deferred payments as of oreaaid, may have coupons attached to
them evidencing said deferred payments in such form as may be satisfact-
ory to the Mayor andCity 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 exact language specified
above, but may be in any form sufficient to carry into effect, under the
provisions of theCharter 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 con-
formity with the provisions of the Charter and of this ordinance shallbe
sufficient.
Section 10.
The fact that said portions oT_said street have been complet-
ed and should be opened to traffic for the safety of the traveling public
and the further fact that said work should be accepted at once and
settlement made with the contractor so as to prevent the City from becom-
ing liable for interest on the,assessments, creates -an imperative public
emergency, necessitating the suspension of the rule requiring ordinances
to be read more than one time or at more than one meeting.; wherefore,
such rule is hereby suspended and this ordinance shall belfull force and
effect immediately from and after its passage and approval.
Passed and approved, this the 2nd day of February, A. D. 1932,
by the affirmative vote of all members of the City Cormnissione
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Beaumont