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HomeMy WebLinkAboutORD 10-TAN ORDINANCE ENTITLED AN ORDINANCE APPROVING AND ADOPTING THE CITY ENGINEER'S `,.TRITTEN STATE.1;2NT AND REPORT OF THE ESTI?,fATES OF THE TOTAL COSTS OF ALL THE' I1,11PROVE-N110TS , THE ESTIHA.TES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE 0117,MRS THEREOF, AND THE ESMIK TES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF NORTH STREET IN THE CITY OF BEAUMOINTT, TEXAS, 1"!ITHIN THE LI'MI TS HEREINBELO11'7 DESCRIBED, AND OF OTHER I�_,T TTERS RELATED THERETO; DETERi��INING AND PILING THE POR- TION OF SAID COSTS, AND THE RATE THEREOF, PROPOSED TO BE ASSESSED AGAINST, AND PAID BY, SAID ABUTTING PROPERTY AND TILE REAL AND TRUE" ONNERS THEREOF, AND Tia PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE] CITY OF BEATMIONT, . TEXAS; DETERP.IINING THE "NECESSITY OF LEVYING AN ASSESSII_ENT AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS T:-=EREOF FOR THE PART OF SAID COSTS APFOR:•`IOi\ LD TO THEM; ORDERING AND SE T TI Ml A HEARING A^1 / D O'CLOCK M. ; ON THE DAY OF ' M 4 1948 , IN THE 0HAIIBBER .OF THE CITY COtHOIL IN THE CITY OF BEAUTrrONT, TEXAS) AS THE TIDE AND PLACE FOR A HEARING OF THE REAL AND TRUE O;Mw RS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY, OR IN SAID PROCEEDINGS AND CONTRACT, CONCERNING SAID ASSESSIVMNTS, PROCEEDINGS AND IMPROVEMIENTS ; DIRECTING THE CITY 11EANAGER OF THE CITY OF FEAMTONT , TE`.AS , TO GIVE NOTICE OF SAID HEARING AS RE`,UIRED BY THE LA1!(!S OF THE STATE OF TEXAS; BE IT ORDAINED BY THE CITY OF BEAUMON T 8 SECTION 1: The City Council of the City of Beaumont, Texas hereby finds and.dete-rmines® (a) That the City 0ounci7. of the City of Beaumont, Texas, has heretofore by Ordinance duly enacted on April ZotL` , .1948, determined the necessity for, and ordered, the improve_ient of a portion of North Street in the City of Beaumont, Texas, within the lirai is hereinafter defined, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by said oily c�ounciZ, said street and the portions thereof to be improved being as follows, t o -wri t o NORTH STREET, from the West line of Eleventh Street to the East line of Calder Place Addition. That a Notice duly executed in the name of the City of Beaumont, Texas; of the enactment of said above described Ordinance has heretofore been filed with the County Clerk of Jefferson County, the County in rncch said City of Beaumont is situated, on the _day of A pr i L 1948. - 1— (b) That the City Commission, being the then governing body of said,City, has heretofore advertised for and received bids' for the construc- tion of said improvements for the length of ti•rad and in the manner and form as required by later and the Charter of said City, and thereafter the City Council, being the then governing body of said City, after having duly made appropriation of funds available for such purpose to cover the estimated cost of said improvements to said City, all as required by late and said Charter, did award a contract for the.construction of said improve- ments to Trotti & Thomson, Inc. on its lowest and best bid, and said contract has heretofore been. duly executed on behalf of said City and by said Trott Thor son, Inc.., and is dated A44n C g � 4 1948, and the pdrformance and maintenance ob rids required by said contract have been proaerly furnished by said Trotti & Thomson, Inc., and said contract and.bonds have been approved,Lac.cepted''arid authorizedt4y said City Cour_cil by Ordinance dated Apri l aZ D - , 1948. (c) That the City Council has caused the City _ Engineer to prepare and f ile estimates of the costs of such improvements and estimates of the amounts per front foot proposed to bd assessed against the property abutting upon said street within the limits above defined, 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 and same has been received, examined and approved -by said, City Council; and that in accordance with said statement of esti- mates 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 wxitten statement and report of the. City Engineer heretofore filed with the City. Council showing the estimated total costs of all the improvements on said street 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 improvements; the total estimated cost of said improvements on said street proposed to be assessed against and paid by the abutting pro- perty, and the real and true owners thereof; the total estimated cost of said improvements on said street proposed to bd paid by the City of Beaumont, Texas, and other matters relative thereto, having been received and examined by the City Council, said report and estimates are hereby and in all things approved and adopted. SECTION 30 It is hereby found and determined.by the City Council that the dstimated total cost of all the improvements on said street 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 said street; the -estimated total cost of said improvements on said street proposed to be assessed against, and paid by, the abutting property, aril the real and true owners thereof; thO estimated total cost of said improvements on said street proposed to be paid by the City of Beaumont, Texas, are as follows, to-tivit .Q MO Total amount per front foot proposed to be assessed against and paid by the abutting property and the real rl and true owner thereof for all of said improvements... 7./s Total amount of the costs.of all.of said improvements proposed to be assessed against and paid by the abutting property and the real and true owners there- of • . • . o . . e o-m • • • • o • • e e . • .o e • e a oa • • o e s • • • • .• • • •. • o • • • o /� /� e Estimated total amount of the costs of all of said improvements to be paid by the City of Beaumont, Texas...•.•®..00.•.o••.•oo...e•*to .•.e•.••.••••a.••• ,zz�l Estimated total costs of all of said. improvements... �(o. SECTION 4: That a portion of the cost of said improvements shall be paid and defrayed by the City of Beaumont, Texas, and that a portion of the cost thereof shall be assessed against and paid j?y the property abutting upon said street 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 108, known and shown -as Article 1105-b of Vernon's 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 cost.of said improvements on said street -as hereinabove described, shall be and the same are hereby apportioned between said parties and shall be paid and defrayed as follotrrs; (a) The City of Beaumont shall pay all of the costs of constructing said improvements vrithin the intersections of said street hereinabove described with all other streets, alleys and avenues within the limits to be. improved, exclusive of the cost of constructing all., drainage lines and facilities ;.rithin the said interseotions, and in addition thereto, not less than one-third (1/3) of the remaining costs of said improvements; said costs being in the amounts as hereinabove set out in Section 3 hereof. (b) The real and true owners of pro-oerties abutting upon said street within the limits hereinabove described shall pay, and have assessed against them and their said properties,'not-more than two-thirds (2/3) cf the cost of all of said improvements, including the cost of con- struoting the said drainage lines and facilities within the intersections; excluding, However, that portion of the costs of said improvements irithin the intersections pro- vided to be paid for by 'aid City as hereinabove set out in sub -Section (a) Hereof; said costs being at the rate of, and in the amounts, as hereinabove set out in Section 3 hereof. The portion of said cost o= 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 owner or owners th-eTeof in excess of the special benefits resulting to such -property by reason -3- of the construction of said improvements. The costs which may be assessed against such. abut ting property and the.ree,>v and true owners thereof shall be in accordance with the "Front Foot Ru16, or. Plan in proportion as the frontage of such property is to the entire frontage to be improved on said street, providing further, that if it shall appear e,t the hearing on special benefits given to said owners, as hereinafter provided for, that the ap��lication of such rule or plan will r.es,ult. ,in inequality or i,njusti.ce,, 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 trite owners thereof, considering the special benefits to be received and the burdens imposed, all J. accordance, zrith,, .and as-provi,d.ed for ,in. said Acts. of the 40th Legislature of the State of Texas, First Called Session, Chapa306, as he-reinbelow 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 said improvements on said street upon which the respective property of said owners 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), tt,ro (2), three (3..), and four (4) years from and after. such acceptance, respectively, together with interest thereon from said acceptance at the rate of six (6%) per. cent 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. SECTION 5 A hearing shall be held and given to.the real and true owners and all owning, or claiming any interest iZn,.any property abutting upon said street within the limits above defined, and to all others owning, claiming or interested in said property,..or any of said matters as to the asses-sments 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 1m received from said improvements, or concerning any error, invalid- ity, irregularity or deficiency in any proceeding or contract with reference thereto or concerning any matter or thing connected there- with, which hearing shall be. held by the Oity Council of the City of Beaumont, Texas, in. the Council Chamber -of the City Council in the City Hall of the Oity �0 e:e o'clock mo,-on the �aOr day of 114A 1/ , 19 _6 , at t7hi ch time and place all persons, firms, corporaiions 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 -open, until all evidence and protests - have been duly offered and heard; and the City lia.nager of the City cf Beaumont,. Texas, is here.by'directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City of Beaumont, geff.erson 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 publications 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 the First Called Session of the 40th Legisla tur'e 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 trhich notice, having heretofore been submitted to the City Council, is hereby approved. . -4- . A . a SECTION 60 That. follow.ing such hearing as above provided,"assess- iments will be levied against said abutting property, and the real and true owners thereof for that portion of the costs of said irnprovern.ents herei nabove determined to be payable by said abutting property, and. the real and,true owners thereof, 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 , i f 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 describing any of said property shall invalidate any assessment ®r certificate issued in evidence,,thereof; but ndver:theless, the real and.true orJners of said abutting property "shall be.liable,, and the assessment against said abutting property shall be valid whether or not such owwner be named, or correctly named, or said, property,correctly described therein. PASSED by the City Council, this the 2,2ntdaY of. 194-8. Hi" YOR. -5�- �� i �� C ITY OF BH:A-um®iqT BEAUMOI�T� TEXAS 4#'d3iT F i zaf TO THE I JAYOR AND CITY COUNCIL, CITY OF BEAUD.IONT, .TEXAS: Gentlemen: In accordance with the proceedings heretofore had by your Honor4ble Body, and upon your direction and request, and'in compliaince with the law, I have prepared and herewith submit to you, estimates of the costs of improving North Street within the limits hereinbelow described, by the construction thereupon of a six-inch re- inforced Portland Cement concrete pavement with integral curb, drainage lines and facilities and other appurtenances to such work, all as provided for in the Plans and Specifications therefor heretofore prepared by the undersigned and approved and adopted by you, and based upon the contract therefor dated March 26, 1948, awarded by you to Trotti & Thomson, Inc., Contractor, said street to be improved being described as follows, to -wit: NORTH STREET, from the West line of Eleventh Street to the East line of Calder Place Addition. The estimates hereinafter set out are based upon unit prices called for in said contract and the.apportionment of the costs of said improvements as here- tofore proposed and directed by you; said estimates being 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...47.75 Total amount of the costs of all of said improvements proposed to be assed.ded against and paid by the abutting property and the real and true oiAmers thereof ...... $37,13.4.13 Estima:',ed total amount of the costs of all of said improvements to be paid :by the City of Beaumont, Texas..................................0'25,926.70 Estimated total cost of all of said improvements......................................$63.C60.83 In addition to the above estimates, I herewith hand you also a proposed CcC, l0 7- �-a cg �-F assesment roll, or statement, relative to said improvements. on which I have shown the proposed amount to be assessed against the several parcels of property abutting upon said street, and the real and true owners thereof, together with a description of said properties, names of the apparent owners, and the number of front footage and other matters, all as accurately as I have been, able to determine from the rolls of the City Tax Assessor. Respectfully submitted, R. Cl e Black, City Engineer CEGIL & KEITH ATTORNEYS LAMAR CECIL QUENTIN KEITH JAS. W. MEHAFFY JOHN P. BLAIR LOUIS H. BEARD Mr. George Murphy City Attorney Beaumont, Texas Dear Sir: - BEAIIMONT, TEXAS April 269 1948 The attached notice which the City Manager is directed to cause to be published is to be published "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 be- fore the date set for the hearing, the first of which publications shall be at least -ten (10) days.prior to the date of the said hearing." / p _ The date of the hearing is set for May nth, 1948. Hence the first publication should be as soon after the Council Meeting of April 27th, 1948, as practicable, but in any case not later than May 1, 1948. Article 1105b, Section 9, of the Revised Civil Statutes of Texas sets out the specific requirements of this notice which requirements ha-e of ollowed. You will note that the ordinance to be passed on April 27th approves the form of this notice in Section 5. Very truly yours, 5-2 Enclosure o -7 iv0T10E TO nT-iREAT AK-0 TRUE 0',-..7�Y-R1S i •'li1JT�1J11 �J...J LEI d.'�1'S S' �Ll� OR GOrREOTLY _rTG „D!113 OR NOT, OF �R(E%.TY A l7TTING U?(DubT NORTH STREET, FROT'I THE 1„EEST LI_TE OF .t..IJJ Li d E11 jl.l S 1. RLuT TO THEE EAST 11IYE OF CALDER PLACE ADDITION, !NJ TBE GITY OF BEAU- ONT, TE7�i.AS, A TI) TO ALL 0.'; ,'gIi'NG OR CLAD. ITI_d�,r,.��n.G ANY SU(-"H ABUTTI.-NTG PROPERTY, OR YAM INTER .,JI > ND �.0 ALL I_dJ_h 1 1 I i A.: Or THE PR.O(.,'EEDI G`3 , 'O",\TTR AG T S OR OTI-TER I: -AT TERS HERY1I1T- AFTER I EINj T IONED . ,Io-ce is hereby �� .ven to the real andti"�.?e o?�;ners, o,�hether hereinafter nameO. or correctly na_r:1ed or Ot, of property c.butt ng upon aiorth ware( t, within the herein defii.ed, in the 0ity of Beaumont, Te:,as, e.nd al_Z p e2csons OZI'lniiig Or C,1 .i i11inJr ,an such abutting property, or any inter( �' therein, anG to all others clai-.,lin_u or interasted .'in any of said. property) or in any of +v'he -_�rOCeGC3.i nOS, Gailtrc:,.CtS and ac'f;ers heroin mentioned, tllat. The City r'ou1.-n-_J.1 of the (j,; t,, of Beaumont) Tew'��.E', by dully ei7a.cted. Ordiilaizce datedAi)zi1 XD' 1948, has determined the necessity for, and ordered the p6rFEgnent i,]i movement of, the fol.lavi-i'- a street i,.Ti thin the _`allowing limits, in the G`ity of �'eau:1,ont, Te::as, to- r�it a NORTH STREET, fro_"11 the ',.est line of Eleventh Street to the East line of Calder Place Addition , by raj.^ing, grading, filling, -paving, re-oavii7g, or re -pair- ing same and by constructing such drainacre lines and facilities and other incidenta.lo and a-po-ourtenances thereto as are deemed neces- sary and aC e''t__.,te by the City tJ_1vY1e.._L Said jJ�.:%ialy to consist Of the Cons - uction of a. siz-inch (F") reinforced Portland Cement Concrete slab with integral curbs of the typo and tsridth as Provided for in the Plans and ;,)ecifi cations therefor -ore-pared by the City Engineer, and heretofore !,)proved and adopted by maid (Jity r)ao _ncil.., alf _l o said ii?1-mcoveme nts to be done ' n _. the :-_,,ia 7ner and e.S pr of%-ded for in Said Mails and Speci ficat-ions and von-GrLact covering, t- e Construction of SBai(7 ii-t-o7 veilents, heretofore a-,,7ar6,_ecI to Trotti e, Thomson) I.�' a I,no. , �id Oi.ty �_.uliCil , andv,,hich Conti, •Gt �.S dL�,ted 194.8, mid a. proved a_ndd-),_lthcri zed by Ord!n8,,nce enacted rJ sa.:�..c? City 0o15.ncil on !�_''1.' . .d -L,-, --8, 1�ihich said Plans and SpeCifiCa_ti ons and '(Jontract are llerEi?V re7:@r:LEC!. to a.nd are on -P lZe iii the of:f ice of t11e ;i "cy E'n�l2leer Qf tile City of B e a.?g"_lo nt , T e__a S . That sri.,Id City CounLil has caused the ;.;lty `J v�ineer to Vre=�a.re and file the herein -after set o -- estir,la.tes of the cost of -s-a_:h imcrove��i10;?tIIS and ha h-: e :Gf�"'e by duly e_r acted Ordinc�.1106 dated _ //s��s�f, � // II a7- l L48, determined the necessity of levy;. cLS e.',�1"t_e 1 P i' c ���� C ; On C� t,.?. vOs �S Oi the COi7s'Grt1CtJ Oil o-f said irlp:rove-m.entS a`;a.lYlst the ror0,Derty abut-t—ing upon Said, street iV ;thin the Iimits above de f? 11;:d, ^i7C the rep.1 and true oviners ---here©f > and slid adopt and determine the herei n-.lteT set out --proposed ap}:nor-- t:Lonnient of the coF'tU of sayr_ irn�rove-.ment-S cet!.-,een cP., a_ G !'cy ai1A _-I L the said abutting property, and the real and true ovrners thereof, and that the portion of said costs posed to be assessed against the said abutting property, and the real and true ovrners thereof, will be in accordance zrith the FRONT -FOOT RULE OR PLAN, and did further adopt the following proposed rates and estimates of said costs in reference to said street within the .limits above defined, to -grit; 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 A rapxovements....5 Total amount of the costs. of all o f said improvements proposed to be assessed against and paid by the abutting property and the real and true owners ..................... . .............. .e,41 �3 Estimated total amount of the costs of all of said improvements to_ be paid by the City -of Beaumont, Texas...:a� Estimated total costs of all of said iir.provements....... q 6.3l 060; J3 A hearing will be given and held by.and before the.City Council of the City of Beaumont, Texas, on the /�`' da.y of �, 1948, at /0 : 00 o'clock e1, . m. in the Chamber of .the City _ Council in. the City Hall of the City of Beaumont) Texas) to the real and true owners) whether named or correctly named herein' or not, of all property abutting upon said street within the limits above defined, and to all persons o.17ning or claiming any'such abutting property, or interest therein, and to all others owning, claiming or intexested in said abutting property, or any of the proceedilig s , contracts or matters and things herein mentioned or incident to said improvements or contract herein described. At said time and place, all such persons, firms, corpora- t-ions and estates, and their agents and attorneys, shall have the Tight to appear and to be 'heard and offer testimony as to the said assessments, and'to _the amount thereof, proposed to be assessed against said abutting property, and the. real and true ovrners thereof, the lien and charge of personal liability to secure payment of said assessments, the special benefits to accrue to each such abutting property and the owner or owners thereof by virtue of said improvements, if any, or concerning any error; invalidity, irregularity or deficiency, in any proceedings or contract in reference to said improvements, and said proposed assessments, and concerning any other matter or thing as to which hearing is a constitutional prerequisite to the validity of said assessments, proceedings and improvements and on which they are entitled to a Bearing under the lams of the Etate.of Texas and the proceedings of said City Council of the City of Beaumont,'Texas. Folloriing such hearing, assessments will be levied against each and every .parcel of property abutting upon said street ?7i-thin . the limits herein defined, and against the real and true owners thereof for that portion of the costs of said iriroiovements determined by said City Council to be payable by such abutting properties, and the real and true owners thereof, and said assessments shall be and constitute a first and pr4or lien upon said abutting property from the date said improvements were ordered by said City Council, and shall be a personal liability and charge against the real and true owners thereof, as of said date, whether such property or such,true owners be named, or correctly named in said proceedings or not, and no error or mistake or discrepancy in the names of such owner or owners or in describing said property in this notice or in any of said proceedings with refer- ence to,said improvements, shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless each parcel of property -2- Elbutt-i?g a-oon said street, and the real and t,,ue ol�ner or owneTs thereof, shall be charged with, and be liable for, said assessment, 7i!iZich shall. be valid v!hether or not sn?cli owner or owners be named or core eetly named, or such property b,.e described or correctly described, all as provided for under the Acts of the 40th Legis- lature of the Stete of Texas, First Called Session, Chanter 106, cor?-r?only known as Article 1105--b, Revised Civil Statutes of Te=-s, as a -mended, v!hich Act is adonted by Article XZV, Section 2, of the Charter of the City of Beau-mont, Ter, -as, under v:!hiah Act said improvements, }proceedings and assessments are being co-ns trusted, performed and levied: -Of all said matters and things, all mvning or cla ir.?ing any such abutting pro.oerty , or interest there -in, as well as all. others in a.nyviine interested or ai=ected by the things and ??atteTs herein -mentioned, 1-i11 tare notice. DONE by order of the City Council of the City of Beaumont, Tei:aS, this the -? day of "� ' '.ate 1948. (SEAL) CITY ��hk;,LAGER, City o� 1�eaumou T E X. A S -3-