Loading...
HomeMy WebLinkAboutORD 73-59ORDINANCE NO. .73-59 120't 5514L 5 ENTITLED AN ORDINANCE CLOSING.THE HEARING GIVEN TO THE APPARENT- ABUTTING . PROPERT.Y OWNERS ON CENTRAL DRIVE` F 0M ,GLADYS AVENUE NORTH TO EAST DRIVE AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS DESCRIBED HEREIN, AND TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALI- DITY OF THE PROCEEDINGS AND CONTRACTS IN CONNEC- TION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MANNER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJEC- TIONS OFFERED, EXCEPT AS•TO PARTICULAR CASES THEREIN MENTIONED; 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 PROCEED- INGS, AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE,ASSESSMENT LIENS, AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; LEVYING ASSESSMENTS, 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 CER- TIFICATES 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 deter- mined the necessity for and ordered the permanent improvement of Central Drive from Gladys Avenue north to East Drive, public streets 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 said City and the laws of the State of Texas, and after having duly and regu- larly made appropriation to cover the estimated cost of said i improvement, all as provided by the Charter of the City of Beau- mont 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 con- struction 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 -2- r 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 there- with; said hearing to be held in the City Council Chambers of the City Hall of the City of Beaumont, Texas, at 10:00 A. M. on the 21st day of August, 1973, 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, 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 im- proved, 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 -3- (C 9 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 con- sidered 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 re- ceived by the parcels of abutting property and the owners thereof, the equities of such owners and the adjustment of such apportion- ment 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 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 -4- value thereof by means of said improvements, and that all objec- tions 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 againstthe properties listed and the personal liability of the respective owners thereof have been performed., and upon completion of said improvements and accep- tance 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 COUNCIL OF THE CITY OF BEAUMONT: Section 1. That there be no further testimony or evidence or pro- test 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 speci- fically mentioned or not, shall be and they are hereby overruled and denied. Section 2. That the City Council finds and declares that all pro - I'M r ceedings with reference to the making of improvements on the aforementioned streets as herein listed, have been duly and regularly had in complaince 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 de- clares 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 Engi- neer; that adjustment and apportionment of costs amounts 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 M 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 above mentioned contract for the construction of said improvement, the estimates, re- ports, lists and statements of the City Engineer, and the notice and hearing aforesaid, and by virtue of the powers 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 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: Front Property Owner Lot Block Feet Total Amount Dl �t n_7S Norwood P. Fox Tract 150-_ 100 $ 11000.00 Jack K. Johnson Tract 133 100 13000.00 Calder Highlands Addition R. A. Birdsong 13 & N 18 91.5 915.00 10' of 12 291.5 $ 2,915.00 Section 4. That said several amounts, together with interest, ex- pense 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 -7- I . - j. 4fo ! 1 1 ,? other items, shall be and same are hereby declared to be per- sonal 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 Beaumnnt, as aforesaid; and such assessments shall be collectible with interest, expense of collections, if any, and reasonable attor- ney's 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 comple- tion o -f said.,mprovements 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 six (6%) per cent 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 prin- cipal 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. (1/5th) of the total amount in cash within thirty (30) days of the acceptance of.the improvemnts by the City Council we 14 \ j ' ♦ I.,F % F � � (may v 1 �1 �� 4 ' and the balance, with interest at six (6%) per cent 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 permissable. Section 5. That for the purpose evidencing said assessments, the liens securing same and the several sums payable by said pro- perty 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 iden- tify 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 properites and the liability of the true owner or owners thereof,.whether correctly named or not; and shall pro- vide that if default be made in the payment thereof, same shall be enforced by a suit in any court having jurisdiction. And the said certificates shall further provide that if default be M made in the payment of any installment 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 collectable with interest, expense of collection and a reasonable attorneys' fee if incurred. Said certificates shall further recite that the proceed- ing 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 descriffied 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. 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. CAni-inn `i That if any section, subsection, sentence, clause or phrase of -this ordinance or the application of same to a par- ticular 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 this the day of 1973. w - Ma or - _10- r THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Ken Ritter, 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 dayof , .A. D. , 19 q Notary Pu is in and for Jeffe-: Cdt%rlt?>�.�rty, Texas 93 -fl