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HomeMy WebLinkAboutORD 49-V6a F cklm 54 p e� � F {p - 4L Y �-�/ 8 4 AN ORDINANCE 7/6/7u U 7 ( U/4, `L�-V ENTITLED AN ORDINANCE APPROVING AND ADOPTING THE CITY ENGINEER'S.WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVFIJIENTS ON EACH UNIT SET FORTH HEREINAFTER, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO. BE ASSESSED. AGAINST.THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS.THEREOF ON -EACH UNIT TO BE IMPROVED, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF.THE.STREETS NAMED HEREINBELOW WITHIN THE LIMITS HEREINBELOW DESIGNATED AND ACCORDING TO UNITS AS. DESIGNATED, AND OF OTHER MATTERS.RELATING THERETO: DETERMINING AND FIXING THE PORTION OF SAID COSTS,.AND THE RATE THEREOF, PROPOSED TO BE ASSESSED AGAINST, AND PAID BY, SAID ABUTTING PROPERTY AND THE REAL.AND TRUE OWNERS THEREOF AS PER UNIT, AND THE.PORTION OF. SAID COSTS IN EACH UNIT PROPOSED TO BE PAID BY THE CITY OF BEAUMONT TEXAS: DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY. UNIT, EACH. UNIT.BEING CONSIDERED SEPARATELY, FOR THE PART OF SAID COSTS APPORTIONED TO THEM: ORDERING AND SETTING A HEARING AT 10:00 O'Clock A. M., on the 25th DAY,OF JULY, 1950,. IN THE CHAMBERS OF THE CITY COUNCIL IN THE CITY OF BEAUMONT, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY, OR -IN SAID PROCEEDINGS AND CON- TRACT, CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS: DIRECTING THE CITY MANAGER OF THE CITY OF BEAUMONT, TEXAS, TO GIVE NOTICE OF SAID HEARING.AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS; MAKING DEFINITE AND.CERTAIN THAT EACH OF THE HEREINAFTER NAIVIED.UNITS, ONE TO THREE INCLUSIVE, BE CONSIDERED SEPARATELY IN ALL THINGS INCLUDING THE HEARING HEREIN PROVIDED FOR, THE LEVYING OF ASSESSMENTS, THE IMPROVE- MENTS.THEREON,.PAYMENT THEREFOR BY THE.CITY AND OWNERS OF PROPERTY ABUTTING THEREON, AND THAT NO DEFECT APPEARING IN ANY ONE UNIT SHALL AFFECT ANY.OTHER UNIT, AND THAT NO APPEAL FROiTtl AN ASSESSMENT -IN ANY PARTICU- LAR UNIT SHALL HAVE ANY EFFECT AS TO THE FINALITY.OF THE ASSESSMENTS IN ANY OTHER UNIT. BE,IT ORDAINED BY THE CITY OF BEAUMONT .- SECTION SECTION 1 : The City Council of the City of Beaumont, Texas, hereby finds and determines :- (a) That the City Council of the City of Beaumont, Texas-, has heretofore by ordinance duly enacted on May 23, 1950, determined the necessity for and ordered the improvement of portions of the hereinbelow named streets in the City of Beaumont, Texas, within the limits hereinbelow described,. -and according to Unit num.- bers as designated, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have hereto- fore been approved and adopted by said City. Council, said streets and the portions thereof to be improved being as follows, to -wit: _d" V '7 114.9 _T6 Unit 1: LONG AVENUE, from the east property line of Tenth Street to"the east property line of Eleventh Street. Unit 2: ASHLEY -'AVENUE, from the east property line of Tenth Street to the east property line of Eleventh Street. A AD 7 Unit EARL STREET, from the west property line of Saint Helena Street to the east prop- erty line of Cleveland Avenue. that a Notice duly executed in the name of the City of Beaumont, Texas, of the enactment of said above described Ordinance has hereto- fore been filed with the County Clerk of Jefferson County, the county in which said City of Beaumont is situated, on the 3rd day of June, 1950. (b) That the City Council of said City has hereto- fore advertised for and received bids for the construction of said improvements for the length of time and in the manner and form as required by law and the Charter of said City, and thereafter the City Council, after having duly made appropriation of funds avail- able for such purpose to cover the estimated cost of said improve- ments to said City, all as required by law and said Charter, did award a Contract for the construction of said improvements to Sabine -Neches Company, Inc., on its lowest and best bid, and said Contract has heretoforebeen duly executed on behalf of said City and by said Sabine -Neches Company, Inc., and is dated June 29TH, 1950, arid -the performance and maintenance bonds required by said Contract.have been properly furnished by said Sabine -Neches Company, Inc., and said Contract and Bonds have been approved, accepted and authorized by said City Council by Ordinance dated June 27, 1950. (c) That the City Council has caused the City Engineer to prepare and file estimates of the costs of such improve- ments and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said streets and accord- ing to Units as hereinabove designated, within the limits above de- fined, and the real and true owners thereof, and said City Engineer has heretofore filed said estimates, and a statement of other matters relating thereto with said City Council, setting forth a separate estimate in all the various matters for each'Unit, One to Three in- clusive, and same have been received, examined and approved by said City Council, and that in accordance with said statement of estimates so filed by said City Engineer and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in Section 3 hereof. SECTION 2: That the written statement and report of the City Engineer heretofore filed with the City Council showing the estimat- ed total costs of all improvements on each of the aforesaid streets in Units One to Three inclusive, as designated, and within the limits above defined, the amounts per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improvementz, the total estimated cost of said improvements on each of said streets according to Unit proposed to be assessed against and paid by the abutting property and the real and true owners thereof, the total estimated cost of said improvements on each of said streets according to Unit proposed to be paid by the City of Beaumont, Texas, and all other matters relative thereto, having been received and examined by the City Council, said report and estimates are hereby in all things approved and adopted. SECTION 3 It is hereby found and determined by the City Council that the estimated total cost of all the improvements on each of said streets in Units One to Three, inclusive, as designated within the limits above defined, to be improved; the total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements on each of said streets according to Unit; the estimated total cost of said improvements on each of said streets according to unit proposed to be assessed against, and paid by, the abutting property and the real and true owners thereof; the estimated total cost of said improvements on each of said streets -according to Unit proposed to be paid by the City of Beaumont, Texas, are as follows, to -wit :- Total amount per front foot proposed to be assessed against and paid by the abutting property and the real and true owner thereof for all of said improvements on each unit :o - Unit 1: Long Avenue. 1#__�'16 917 Unit 2: Ashley Avenue. 4.0 Unit 3; Earl Street. ,1 ._ Totalamount of the costs of all of said improvements on each unit proposed to be assessed against"and paid by the abutting property and the real and true owners thereof :- Unit l: Long Avenue .. ,� Unit 2: Ashley Avenue_. Unit 3: Earl Street. Estimated total amount of the -costs of all of said im- provements on each unit to be paid by the City of Beaumont, Texas :- - Unit 1: Long Avenue*'�;� n2 Unit 2: Ashley Avenue.,I IS Unit 3; Earl Street. . . Estimated, total costs of all of said improvements on each Unit :- Unit 1; Long Avenue. .. „��U,ri _05 Unit 2: Ashley Avenue® Unit 3: Earl Street. SECTION 4: That a portion of the cost of said improvements on each Unit one to three inclusive, shall be paid and defrayed by the City of Beaumont, Texas, and that a portion of the cost thereof on each Unit shall be assessed against and paid by the property abutting upon each of said streets according to Units and within the limits above defined, and the real and true owners thereof, in accordance with, and -in the manner provided by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, known and shown as Article 1105-B of Vernonts Annotated Civil Statutes of Texas, as amended, and adopted.by Article XIV, Section 2, of the Charter of the City of Beaumont, Texas; and that the total &Act V '7-0-90 cost of said improvements on each of said streets according -to Units as hereinabove described, shall be and the same are hereby apportion- ed between said parties and shall be paid and defrayed as follows :- (a) The City of Beaumont shall pay to the Contractor, Sabine -Neches Company, Inca; not less than forty per cent (40%) of the total cost of all of the street and storm..sewer improvements to be constructed in each Unit within the limits and on the'streets hereinabove described, such total cost on each Unit to include an eight and one-half per cent (8-1/2%) Engineering fee. From this figure, which is to be a minimum figure of forty per cent40%), shall be deducted the eight and one-half-0-1/Vo) Engineering fee to be -charged in each Unit. The balance shall be paid to the Contractor, Sabine -Neches Company, Inc., in cash. All of said costs are to be as a minimum in the amounts as herein- above set out in Section 3 hereof. (b) The real and true owners of properties abutting upon the streets to be improved within the limits here- inabove defined and according to Units as hereinabove -'set out,'shall pay to the Contractor, Sabine -Neches Company, Inc., and have assessed against them, and their said properties not more than sixty per cent (6o%) of the total cost of all of the street and storm sewer improvements to be constructed in the particular Unit whereon their said property abuts, such total cost on each Unit to include an eight and one-half per cent (8-1/2%) Engineering fee, all of said costs being at the rate of -and in the amounts as hereinabove set out in Section 3 hereof and according to the Unit on which the property abuts. The portion of said cost of said improvements above provided to be paid by said abutting property and the real and true owners thereof shall be assessed against said abutting property and the owners thereof; provided, however, that no amount shall be assessed against such abutting property and the real and true owners or owner thereof in excess of the special benefits resulting to such property by reason of the construction of said improvements. The costs which may be assessed against such abutting property and the real and true owners thereof shall be in accordance with the "FRONT FOOT RULE OR PLANtt, in proportion as the frontage of such property is to the entire.frontage to be improved on each -of the said streets and in each of said Units, providing further, that if it shall appear at the hearing on special benefits given to said owners, as hereinafter provided for, that the application of such rule or plan will result in inequality or injustice, then such rule of apportionment shall be applied as will, in the judgment of the City Council, produce substantial justice and equality between res- pective parcels of property, and the real and true owners thereof, considering the special benefits to be received and the burdens imposed, all in accordance with and as provided for in said Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid and shall become payable in five (5) equal annual installments, one of which shall be due and payable in thirty (30) days after the completion of the said improvements on each of said streets (and according to Unit as here- in designated) upon which the respective property of said owners e r4, abuts and the acceptance thereof by the City Council of the City of Beaumont, Texas and another installment in a like amount in.one (1), two (2), three h) and four (4) years from and after each such acceptance, respectively, together with interest thereon from said acceptance at the rate of six per cent (6%) per annum, payable annually, but said property owners shall have the privilege of paying any and all of said installments before their maturity by paying principal and accrued interest to the date of said payment. It is particularly stated here that in this regard each Unit is to be considered separately, and that completion and acceptance of the improvements to be made on any Unit shall cause the payments referr- ed to hereinabove to become due and payable as stated, and it shall not be necessary that all Units to be completed by said Contractor,. Sabine -Neches Company, Inc., be completed before the payments on previously completed and accepted Units become due and payable. SECTION 5: A hearing shall be held and given to the real and true owners and all owning or claiming any interest in any property abutting upon said streets within the limits above defined and according to Units as designated hereinabove, and to all others claiming, owning or interested in said property, or any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvemerts, or concerning any error, invalidity, deficiency in any proceeding or contract with reference therdn or concerning any matter or thing connected there- with, which hearing shall be held by the City Council in the City Hall of the City of Beaumont, Texas,. at 10:00 O'clock, A. M.,.on the 25th day of July, 1950, at which time and place all persons, firms, corporations or estates owning or claiming any such abutting property or any interest therein, and their agents or attorneys or persons interested in said proceedings, shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept openq until all evidence and protests have been duly offered and heard; and the City Manager of the City of Beaumont, Texas, is hereby directed to give notice of said hearing by publica- tion of notice in some newspaper of general circulation in the City of Beaumont, Jefferson County, Texas; said notice shall be published at least three (3) times.in said newspaper before the date set for said hearing, the first of which publication shall be at least ten (10) days prior to the date of said hearing, all as prescribed by, and in accordance with the terms and provisions of said Chapter 106, of the Acts of First Called Session of the 40th Legislature of the State of Texas, known as Article 1105-b of the Revised Civil Statutes.of Texas, and amendments thereto, which Act is adopted by Article XIV, Section 2, of the Charter of the City of Beaumont, Texas, the form.of which notice having heretofore been submitted to the City Council, is here- by approved.. SECTION 6: That following such hearing as above provided, assess- ments will be levied against said abutting property and the real and true owners thereof for that portion of the costs of said improve- ments hereinabove determined to be payable by said abutting property, and the real and true owners thereof, said assessments being levied by Unit designations and not at a general rate for all of said im- provements, and which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments,if the name of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner and no error or mistake in attempting to name any such owner or in des- cribing any of said property shall invalidate any assessment or certificate issued in evidence thereof; but, nevertheless; the real and true owners of said abutting property shall be liable, and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. SECTION 7: It is hereby made definite and certain that each of the Units, One to Three inclusive, as set forth hereinabove, are to be considered separately in all things including the hearing herein- above provided for, the benefits accruing to the property, the front foot rate to be levied against each lot or parcel of abutting property andthe real and true owner or owners thereof, the levying of assess- ments against the abutting property and the real and true owner or owners thereof, the improv ments thereon, and the payment therefor, by the City of Beaumont and the owners of property abutting thereon. Further, no defect appearing in any one Unit shall affect the validity of the proceedings in any other Unit, and no appeal from an assess- ment hereinafter levied or from the hearing herein provided for shall have any effect as to the finality of the assessments in any other Unit; but as to the expiration of time for appeal from the.hearing herein provided for and the assessments to be levied thereafter, each Unit is to be considered separately, and in this regard the assessments to be levied hereunder are to be levied according to each Unit and not generally for all Units. PASSED by the City Council, this //t4 day of July, 1950. MAYOR