HomeMy WebLinkAboutORD 94-DAn Ordinance ' .1 4�l
Entitled an ordinance levying and assessing as a tag upon lots,
parts,oflots, blocks or tracts of land where not divided into"
lots or blocks, fronting or abutting on Neches Street from Forsythe
Street to Railroad Aveme; Sabine Pass Avenue from Railroad Avenue
to Frederick Street; Frederick Street from Sabine Pass Avenue to
Pennsylvania Avenue, two thirds (2/3) of the cost of paving and
gutt er• and incidental drainage and all the cost of curbing said
Neches Street from Forsythe to Railroad Avenue, Sabine Pass Avenue
from Railroad Avenue to Frederick Street; Frederick Street from
Sabine -Pass Avenue to Pennsylvania_ Avenue; apportionable to the
hereinafter referred to' property; and declaring said tag a lien
upon said property and a debt upon the owner or owners thereof
and providing a time when said tax shall become due and payable,
providing for the collection of the same and all costs incurred in
collecting same," if not paid at the time it becomes due and
payable; and providing the rate of interest said tax shall bear
from the time it becomes due" until paid; and declaring an emergency.
Whereas, pursuant to the requirements of Subsection h of
Section 68 of the Charter of the City of Beaumont, the ,City Com-
mission of :the City -of Beaumont caused to be published, 'for the
time and in the manner required therefor by the City Charter, a
notice of a Resolution of said Commission passed heretofore on
the 8th day of January, A.D., 1924, ordering a hewing to be given
to the persons, firms, corporations or estates, their agents or
attorneys owning property or abutting on Neches Street, from
Forsythe to Railroad Avenue;. Sabine Pass Avenue from Railroad Avenue
to Frederick Street; Frederick Street from Sabine Pass Avenue to
Pennsylvania Avenue, and calling upon all persons interested in
said matter to appear and show cause, in conformity with the pro-
visions of the charter above referred to, why the said assessment
should not be made against said property and the owners thereof,
which hearing was to'be held in the council chamber of the City
Hall of Beaumont, Texas, at 10 A.M. on the 29th day of January,
A.D., 1924.
And Whereas, a full and � fair hearing in conformity of the
charter and the law in such cases having been had in conformity
with said notice, and the Commission having inquired into and
'deter -mined all facts -necessary to the adjudication of all- special!
benefits accruing to such owners by means of such improvements, and
said hearing having been duly closed;
And it appearing that the assessment as proposed in the
above mentioned Resolution passed on the 8th day of January, A.D. ,
1924, with the exceptions hereinafter noted are in all respects
fair and equitable, and that there -=.is, and (or) will be a full and
adequate and special benefit to the abutting property and the owners
thereof from and by reason of the constructed and , proposed pavement
and improvement in excess of the amount assessed against the abutting
property and the respective owners thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C.MWISSION' OF
THE CITY OF BEAUMONT :
Section 1. _
That there is hereby assessed against the several owners of property
and against their respective property abutting upon Neches Street
from'Forsythe Street to,Railroad Avenue; Sabine Pass Avenue from
Railroad Avenue to Frederick Street; Frederick Street from Sabine
Pass Avenue to Pennsylvania Avenue as a tax two-thirds. (2/3) of the
cost of paaving and gutter and incidental drainage, and all the
cost of curbing on Neches Street from Forsythe Street to Railroad
-- -- - Avenue,--Sabine--Passe rom -Rai ]r-oad-Avenue--ta Frederick -Street; _
Frederick Street'from Sabine Pass Avenue to Pennsylvania Avenue;
The lot, lots, parts of lots, blocks or tracts of land on
which said tag is levied and assessed is here hereinafter described,
together with the number of feet front on each lot, parts of lots,
blocks or tracts of land, the name or names of the owner or owners
thereof and the proportionate amount of the cost of said paving and
gutter and the cost of said curbing to be borne and paid for by such
owner "or owners as shown by the statement prepared by the City
Engineer of the City of Beaumont which said amount is hereby levied
and assessed as a tag upgn such lots, parts of lots, blocks or tracts
of land as shown, towit:�
An Ordinance Section 2.
That said tag so levied and assessed is declared as now effective,
due and payable as against the property located on said Neches
Street and the owners thereof, and shall become due and payable
upon completion of the paving upon the portions of said streets,
upon which said lot, lots, parts of lots, blocks or tracts of land
front and abutt and the amount of the tax hereby levied and assessed
together with the cost of collecting same and seven (7) percent
interest per annum from the date same is collectible until paid is
hereby declared a lien against the said lot, lots, parts of lots,
blocks or tracts of land, superior to all other liens, claims or
titles except city, county and state taxes, and shall constitute
a personal charge or claim against the owner, or owners of said
lot, lots, parts of lots, blocks or tracts of land.
Section- 3.
That all cost of grading and paving that portion of Neches
Street between' Oorsythe Street and Railroad Avenue as is occupied
by the hereinafter named companies respectively between the
rails of the Texarkana & Vort Smith Railway Company, Beaumont
Wharf andTerminal Company, and the Eastern Texas Electric Company,
and a space twenty four (24) inches beyond the outer edge of the
rails of the tracks of said _ companies located on said streets shall
be borne by the said Texarkana & Fort Smith Railway Company,
Beaumont -Wharf and Terminal Company and the Eastern Texas Electric
Company, respectively, and such cost of said improvements are here-
by assessed a��ggakst the said Texarkana & Fort Smith Railway Co.,
Beaumont Wha�T, ompany- and the Eastern Texas Electric Company,
respectively, and shall be collected as other _assessments levied
under this ordinance provided such work shall be done in accordance
with the City Ordinances regulating the construction of railro4ds
in the City of -Beaumont, and the paving of such streets traversed
by the same.
Section 4.
The fact that portions of the foregoing streets are in bad condition
and badly in need of paving in order to facilitate the heavy traffic
over same and that -the ' procedure heretofore employed by the City
Commission of the City of Beaumont required to fix a lien upon the
property referred to was defective and failed to provide adequate
protection to the city and to the city's contractors, the Uvalde
Rock Asphalt Company, in securing payment for the work done and to
be done in making said improvement, creates an emergency and an im-
perative public necessity necessitating the suspension of the rule
requiring ordinances to be read on three separate meetings, said
rule iethereUfore hereby' suspended and this ordinance shall take
effect and be in full force and effect from and after its passage
and publication.
Passed this the Z day of �� , A.D.
19249- by the affirmative vote of all memberst6f the Commission.
Approved this the day of atz= A.D.,
1924.