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HomeMy WebLinkAboutORD 11-TAN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT) TEXAS CLOSING THE HEARING GIVEN TO THE REAL AND TRUE 01.,MERS OF PROPERTY ABUTTING UPON NORTH STREET IN TIE CITY OF BEAUMONT, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, AS TO SPECIAL BENEFITS TO_ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF , BY VIRTUE OF THE IMPROVEI:HENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVER -RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FIIMING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL B; SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IihPROVE1+ NTS PROPOSED TO E , AND AS ASSESSED AGAINST SAID PROPERTIES;_ANb'THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN_ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A. CHARGE'T,AND LIEN AGAINST SAID PROPERTIES, AND THE REAL . AND TRUE 017NERS THEREOF, PROVIDING FOR THE .ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID 1jVOR.E,THE MANNER AND TIME OF PAY1MNT THEREOF ADD PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMEENTS AND CERTIFICATES. BE IT ORDAINED BY THE CITY OF BEAUMONT: 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 April 20' ; 1948, determined the necessity for, and or .eyed, t e improvement of a portion of North Street in the City of Beaumont, Texas, within the limits 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 City Council, said street and the portions thereof to be improved being as follows, to -wit NORTH STREET, from the Vilest 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 enac tment of said above described Ordinanc®..Izas. heretofore been filed with the County Clerk of Jefferson 'County, the county in whioh.said City of Beaumont is situated,, on the 22nd day day of ARril , 1948. (b) That the City Commission, being the then govern- ing body of said City, has heretofore advertised for and received bids for the construction of said improve- ments for the length of time and in the manner and form as required by law and the Charter of said City, -1- • �J C_1,r4, � � ��� 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 improve- ments to said City, all as required by late and said Charter, did award a contract for the construction of said improvements to Trotti & Thomson) Inc. on its lowest and best bid, and said contract has heretofore been duly executed oh behalf of said City and by said Trotti & Thomson, Inc.) and is dated March 26 , 1948, and the performance and maintenance bonds required by said contract have been properly furnished by said Trotti & Thomson, Inc., and said contract and bonds have been approved, accepted and authorized by.said City Council by Ordinance dated April 20 , 1948. (c) That the City Council has caused the City Engineer to prepare and file estimates of the costs of such improvements and estimates of the amounts per front foot proposed to be 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. (d) That said City Council by duly enacted Ordinance dated April 27, 1946) did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on said street within the limits herein.defined, to be paid by the properties abutting thereon, and the real and true owners thereof,, and did order and set a hearing to be held at 10:00 oaclock a.m. on May 18, 1948) in the Council Chamber of the City Mall of Beaumont) Texas, for the real and true owners of the properties abutting upon said street within said limits defined, and for all others owning or claiming any interest in, or otherwise interested in said properties, or any of said matters as to the assessments and amounts proposed to be assessed against each parcel of said abutting property, and the real and true owners thereof, and as to the special benefits to accrue to said abutting properties and the real and true owners thereof by . virtue of said improvements, if any, or concerning arty error, invalidity, irregularity, or deficiency in ary proceeding or contract concerning same, to appear and be heard in person or by Counsel, and offer evidence in reference to said matters; and said City Council did by said Ordinance, order and direct that the City Secretary of said City give notice of said hearing as required by the laws of the State of Texas, to -wit: Chapter 106 of the Acts of the Fortieth Legis- lature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as adopted by. -Article XIV) Section 2) of the Charter of said City, said notice to be by a publication in some newspaper of general circulation in the City of Beaumont) Texas, said notice to be published in said newspaper at least three times prior to the date of said hearing, the first publication of which to be at least ten days prior thereto. (e) That said Notice as ordered and directed by said City Council and as required by said Acts above identified, was duly given by publication of same in the Beaumont Jcu_ n l , a newspaper published in the City of Beaumont, Texas, on April 30 1948, NiaZ 4th 1948, and May 5th I948® -2- M That after due, regular and proper notice thereof all as provided by said Acts, said hearing of which notice was so given was op erred and held on May 18, 1948, at ten o'clock A. m. in the Council Chamber of the City all o t e City of Beaumont, Texas, in accordance with sadd Ordinance and Notice, at which time an opportunity was given to all of said above mentioned parties and agents and attorneys, to be heard and to offer dvidenoe as to- all matters in accordance with said Ordinance and Notice, at which time the following appeared and testified as follows: R. Clyde Black, City Engineer, at the request of the City Attorney, discussed the general nature and character of the proposed improvements, which consist of construction of a six inch (611) re -enforced concrete pavement with in- tegrAl curbs, together with appurtenances, drainage structures and other incidentals and the width of the pavement to be thirty-six feet (361). Charles H. IjVienbaum testified on oath in response to questions by the City Attorney that he has been in the real estate business in the City of Beaumont for twenty-one (21) years; that in such capacity he has engaged in the purchase and sale of real estate and was familiar with the character and values of property in general in the city and particularly with those abutting upon North Street within the limits to be improved; that in his opinion each parcel of property abutting upon said portion of North Street will be specially benefited in enhancement in value as a result of the proposed improvements and that in each instance the amount of such special benefits will be more than $7.75 per front foot. J. R. Edmonds testified on oath in response to questions by the City Attorney that he has been in the real estate business in the City of Beaumont for twenty-five (25) years and is a member of the Real Estate Board of the city; that he was familiar with the character and values of pro- perty in general in the city and particularly with those abutting upon North Street within the limits to.be improved; that in his opinion the property abutting upon said portion of North Street vL 11 be specially benefited in value as a result of the proposed improvements and that the amount of such special benefits in each instance will be of a minimum of V.75 per front foot. —3— No further persons or parties appearing and desiring to be heard or. offer testimony, upon motion by Councilman Beard , seconded by Councilman Cokinos and duly carried, said hearing was declared closed. (g) That at none of said hearings were any objections, protests or testimony offered as to said improvements, the assessments or contracts therefor, .or as to any of the proceedings in reference thereto except as herein - above set out; and said City Council has heard evidence as to the special benefits in enhanced value t-6-accrue to said abutting properties, and the real and true owners thereof, as compared with the portion of the cost of constructing said improvements proposed to be assessed against said properties, and has heard all parties appearing and offering testimony, together with.all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protests, objections or to offer testimony, and has fully examined and. considered all of said evidence, matters, testimony and objections offered, and based upon same, said City Council finds that each and every parcel of property abutting upon said street within the limits to be improved as herein defined, will be enhanced in value and specially benefited by.the construction of said improvements in an amount in excess of the amount of the cost of said improvements, proposed to be, and hereinbelow assessed agairs t each of said parcels of property abutting upon said street, and the real and true owners thereof; and said City Council did consider and correct all errors, invalidities, or deficiencies called to its attention, and did find that all proceed- ings and contracts were proper and in accordance with the.laws ubder which same are being had and the proceed- ings of'said City Council theretofore had'with reference to such improvements and that all of same, are in all respects valid and regular; and said City Council further finds upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting properties and the real and true owners thereof are just and equitable and did adopt the rule of apportionment set forth below herein and the division of the costs of said improvements between said abutting properties, and the real and true owners thereof, as being just and equitable and as producing substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied. SECTION 20. That there being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to,the real and true owners of properties abutting upon said street within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION '3 0 The City Council hereby finds -land determines upon the evidence heard in reference to each and every parcel of property abutting upon said street within the limits herein defined, that the special benefits in the enhanced value -to accrue to said property, and the real and true owners thereof, by virtue .of the construotion of said improvements in said portions of said street, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against .said abutting properties, and the real and true owner or owners the and finds that the apportionment of the costs of said improvements) and that the assessments hereinbelow made, are just and equitable and produce substantial equality, con- sidering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter of said City; and that all proceedings and contracts heretofore had with reference to said improvements are in all respects regulav, proper and valid, and that all -prerequisites to the fixing of the assessment liens against said abutting properties, as hereinafter desoribed,'and the personal liability of the real and true owners thereof; whether named or correctly named herein or not, have been in all things regularly had and performed, in compliance with the law, and the proceedings of said City Council. SECTION 40 That in pursuance of said Ordinance, duly enacted, by said City Council authorizing and ordering the improvement of said above described street within the limits hereinabove named and defined., and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said.improvements and by virtue of the powers vested in said City with respect to said street improvo- ments by the laws of the State of Texas, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th. Legislature of the State of Texas, known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as amended, as adopted by Article XIV) Section 2, of the Charter of said City, there shall be, and is hereby levied, assessed,and taxed against the respective parcels of property abutting upon said street as hereinbelow des- cribed, and against the real and true owners thereof, whether such real and true owners be named or correctly named, or said properties be correctly d escribed herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective paroe is of said property; the description of such property, the number of front feet of each, and the several amounts .assessed against same and the real and true owner or otrners thereof) and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to wit o (Here insert Assessment Rolls ) -5- .. , . "- ; ..• • • Frrr�Lp�vzxo a�sz�sT �o�. , . - ON ITORVI $Ti ET from W*, L, .of llth„Street io. E.. 'L4 of da•der .PIace Additian. ont., Foot,, Rate 7.75 • . - 1'ropeaty thmer, IAt o rr Tract Plaak Frontage otal Amount AMTT- ADDITION South side .. 1' 2s3' $ '1©O.Q 4.b Ben 'd�ogear $ best 5 $of: "8, ?75.tx� L'*,;Paul :xt�zge;t'x5r vf'; . 7� Z©5,v ; 8�:3.75Aas` G.',. L,1a1 Walker East 20 of -8 1�; 2 t :ld t "of3. 7 7• 135,0 : 60.©. l0l�6, 25. lc6.,.C►0 ,ecsss n ." st ep i0,1?,:; 2.. 7 ° �'6, '$'' :�► 6 ` 75«0 �25,..o - 581 25 -%8" 75 Gertrude Roos " Jamb A. PoyntIET .... - . and `wjfe� --Patty., R. •Platon-Dubeck ll*l2, 5.. . L. ,. C.' Berton, 9: a' 5 . 50.0 75.0 3 7e54 . 58325 R, D. LeDona7,d$7 ` R.• Nelson 6 4y5_, 5 " 5" 50.0 50:0 387.5o 3$750 3Jun 1' 2'3 5 757:0. 581`25, and 'husband, George 7, 8, 9, l0, ll, l2 '' t� - 15a0..0 1162, 0 5• T. --Camp : Jov I'arii 1�,5s6` N• 7>.© ,,8125 NoJaxTE v:.:wu Phelari - Ltat©, being a11::.that' portion.'. of•.land. dlep- ibed: ix dbed,',dated June _ .1997 -" perlste n,.A Phelan ' recorded -in Volume" ed " P 2 , , age 66 of the Dsed words of .Tefferaon Coax+ 'Texssa " mfte, property • 4bu'wai. the, 86uth line:.`&, North•- .. street; ,anti: being Tract._.12 Plat DSon City 'AX ` ass!,,7Ss0 s Abstract BooK T•.12; 1Q0?.o 7804.25 forth : Side JAR&TT ' .2I . Ai)DTTI 'Fred Toland'..2l�.6`� o arl oi' 1 j .14,6 578,15 ,, q� J.'" 1, .- J• " Mikulik .." &m ay Woodson Hu he3s q l - ' ^ 4 (� /� 50.0 _ .. �,�0 }dry /� . 387. 50 387 50 J. J. .Co. Kelly. t R. rya 2 3s kowast o f G t `. .: • 2 ,. 5®.Q . . 125.(7 3$7,50 96845 . g. J, F..Dal®o - 6, a 5 l ' 75.a . _ 3 . SO,o : 301150 ' J. Freedraarl Dr Morris Mess: 4 " 5©.0, 387."'0, Dr*' S.� '4. GranatA, ors f Tone :Tox�- Locke 5 -6::. 3.', 3: 500 _ 50..0 ` . 387.50 387:50. 3 50.0 387.50 FIN PAVIfi ASSESSMENT ROLL orr sTmT erbm,w:. z. of ZYtia Street td. x.,*. caZr. Pd' Aaditi ,r Front Foot Rate, 47.75 Property. mmer . • :' dot or '1'ra s Teti" Ponta te Total Amount II;.. fikva AM P1aAk3 'T�VTS' StiftV Y`' ' ' (b)` Vic.' Ions ants Locke,`` beixYg all that portion : of laid r�escr*ed`° inr� .deed dated 'Qcteber 8s l9l�, fVom H. A: Perlstoin to ' Ura.. lox e . Towns J. ,od e recorded 4n Volume' 64o;" Pale Records of Jefferson- County Teti ,tihi h �?Z't5rE3rty sbuts `the.: IIrrth ine crf Tio�th .Streets ard..bo Tract -28 of Plat ES, on. City •Abstract Do6K (c) A. g3.r bet illl that portion; of taiad- ' , decciI. ed - in deed d_,atod : Septembor ;16; 19a.7,~ from' Lyra Const +ae_tion ant©rprisea "to_'A A. Kirkbarg; ' recorded in V oluae 67.7a,� Page �6 of the Deed . Records of Jferson. Cotxrity'.. ,. texas, Rfii.eh praperty. abuts; the Northline of North 3 treet and d66crib6d,3r sa-i.d,:dead .as Lot .N_ umber : - :11o4k 29 of, -the, J D. , jpa�, ubdivisiony nrid be=g Tract .39 of Plat &S on '.City. 'Abstract AS"1 SORw DOUK:. T-39 So.o 387:50 Phelan; being, portion Qf grid':.'. deseribod in. deed dated Xebruarg� 44931 from Ii. A. • 1'b tein= ana . C.. Ii. F�e�:ribaiva to - 14 .Phelmn 'recorded ,i �vZtmie 3 , pass Of the i2eed . ecords - of 4ef *f rson' County' . .ao . 'x bich propert, ly abuts_. the P'Porth Zi ne of' Tozvth StreeD, . b ^teat 1, :cif P3.at on `City :. TAX:'A.SSt* S.�JS Abstract . OOK T-13 1 ?571994.85 ('e): R, E. Yastersori E.tato;' be3.nall." th�it- port s of. land descry wed: an' deed. front Ida is. Meagan at ;,a to R.. D :`1163tersot': Estate, rocorded in' Voliuite 643 Page 470 }.., Deed_ Rcards s f. ;jofferson omtye ',.T,exas1, which pr6port;� abuts the ' Ilorfiii 'line, of • north' frets - and., ,being .t'ract llt af..' ." P3 t U on-- City TJUr .AS 7 SM Abstract 306K " . : T, 14 199040 ; itxrak� bearig' al.�. that ports an -`of d described.ln1 4eed`.dated,06tobei 7y P;..A. Perlsto xi ,a'r •W:Lr16, mamies ta.`�:, P:-�iargrova reobi?ded in Voiliie, 639, Page 'M' of D"eed''ii�eord� ' " of Jeffersara , unty� : esxaQ Whi. h p� ciperty ,abuts' ' the .idortb' iin� of Novi street`, aril being Traets 29. and .30,.P1At, BS -oil .CIi'Y. TAB Assm SUBS Abs ts'aot BOOK ''T-2$ T-30' 3504', .` 2712.5.0 No Text SECTION 5,4. That the several sums mentioned above in Section 4 hereof, assessed against said parcels of abutting property and the real and true owner or owners thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of six per cent (6fo) per annum and with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and madd a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable as follows, toVrwito in five (5) equal annual installments, the first of which will be payable on or before Thirty (30) days after the completion and acceptance of said improve- ments by said City Council in the street upon which the particular property alatts, the four 4 remaining installments to be due and payable respectively one �1 , two (2), three (3), and four (4) years from and after said date of completion and acceptance of said improvements by said City Council, deferred payments to bear interest from such date at the rate of six per cent (6°o)'per annum, payable annually, past due installments of principal and interest to bear interest at the same rate per annum until paid; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof, before maturity by paying principal and accrued interest to date of said payment; and provided, further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, shall, at the option of the said Trotti & Thomson, Inca or its assigns, be, and become immediately due and payable and shall.be collectible, together with reasonable attowney's fees and all costs and expenses of collection, if incurred. SECTION 6s That the City of Beaumont, Texas, shall not in ary manner be liable for the payment of any sums hereby validly assessed against any abutting. property and the real and ti~ue owner or owners thereof, but said Trotti & Thomson, Inc. shall look solely to such property and the real and true owner or owners thereof, for payment of any sum validly assessed against said respective parcels of property, but said City shall be obligated to furnish Trotti & Thomson, Inc. valid assessments and assessment certificates and shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said sums herein assessed against the -said parcels of broperty and the real and true owner or owners thereof, collection thereof shall be enforced at option of said Trotti & Thomson, Inc., or its assigns, either by suit in any court having jurisdiction or by sale of the property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem taxes. SECTION 70 That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof, and the time and terms .of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Beaumont, Texas to Trotti & Thomson, Inc., upon the completion and -acceptance of said improvements in said street, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary -6- with the City's corporate seal, and which shall declare the amount of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the acceptance of the improvements for which the certificate is issued, and shall contain the name of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and blook,number or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to 'so state the fact shall be suffl - cient, and no error or mistake in describing any such property or in giving the name of any aver or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That,the said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of Trotti & Thomson, Inc., or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and pay- able and shall be oollcti ble with reaso rable attorneye s fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the�lien upon such property, and that said lien is first and paramount thereon, superior to all other liens titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect that if default shall be made in the payment thereof) the same- may ' be enforced, at the option of Trotti & Thomson, Inc., or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having juris- diction. That said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City and proceedings of the City Council of said City, and that all prerequisites to the fixing of the assessment lien against the pro- perty and the personal liab ility of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any court. That the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. That said certificates shall further provide in effect that the City of Beaumont, Texas, shall exercise all of its lawful powers, when requested to do so by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall sufficed SECTION 80 That all such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or -7- � .. //-7; the amount -'.-of any assessment, or in a not in anywise invalidate or impair a certificate issued, and such mistake, larity whether in such assessment or evidence thereof, may be, but is not enforceable, corrected at any time by Beaumont, Texas. ny other matter or thing shall ny assessment levidd hereby or any or error, invalidity or irregu- in the certificate issued in required to be, in order to be the City Council of the City of That the total amounts assessed against the respective parcels of property abutting upon said street within the limits herein defined, and the real and true owner or owners thereof, are the same,, or less than the estimates of said assessments prepared by the City Engineer and approved and adopted by said City Council and are in accordance with the proceedings of said City Council relative to said improvements and assesments therefor, and with the terms, powers and provisions of said Chapter 108 of the Acts of the First Called Session of the 40th Legis- lature of the State of Texas, known as Article 1105-b of Vernon's Annotated Civil Statutes of Ttexas, as adopted by Article XIg, Section 2, of the Charter of said City, under which terms, provisions and powers and said proceedings, said improvements and assessments were had and made by said City Council. - 1948. PASSED by the City Council, this the -e day of 222, -a- AID 3 cE E TLrJ) AN C JIPMCE Y7ETETTWUN 3 TM, 1=BSS1Tr FOR AIID ORD.KaNG TW3T PORT1011 05 NORM STI=. bI m-j TM- 1=3 iM=MELOW DES, BE MMUMMX IIOVMI- APPROVLING AND ADOPTING TIM %'LA'rS AIMS 5P'X1117CATIO Ls PREP11,11W BY TI1E CITY 1210I R FOR, TMI CON.671"SUCTION OF SAID ILMMOVE, IT; PPDVIDnIG CWIT NACT tEP "COP012 XVW.DED DI' Tlr CITY OF BLAWNT TO TILTTILT111 & 'it OWON, INC.; Pia I yC �'U 3. MI IdAN ER V THICTi TIM COST (P.' SAID I'".1P1r0V==.1Ta S lul HE PAIR; DIMCT11101 711P. CITY WIAGi,-11 TO CAME TO BE PFXPA M` , AND TO, "ILIJ A NOTICE THL I;idAC WNT OI TBIS OMD ANCE i.1TH THE Ct7'u'I CL-4K. OF JrZFE SON COUt i`irTEXAS¢ D7.RW- T IZ i12 CI'L'Y 1GTt Bu1� TO FIRE*- ., ePAR2 A� ND a'�11 1'�_ r, 17riITTH THEE CITYp�C��ii� NCI�Z{�1IT�����IATyE�ST OF WWMAS, the City of Beaumont, Texas, acting through its then governing body, the City Commi-sicn, has heretofore determined the nwe;ssity for and has decided to improve North Street within the limits hereinafter demribed in the manner hereinafter provided for; thereforey BE IT OIUINW BY TlM, CM Or L1WjT: �Tit7!�11s That thero exists a public necessity for, and it is hereby determined that it is necessary to pormA ently i prwa t1w, folloyrlrg street within tho City of Beaumonntf Tw=, to -wit: NOXEN .13TI"`ray I'x` m the Tbcst limo o.? Moventh Street to the East line of Calder Place Addition« SECTION 22 :bat it is hereby oared that said street i thin the limits above described shall, be improved by raising- grading,, filling: w deni.ng,9 paving or repairing same by the construction or reconstruction of a six-inch (6") reinforced Portland Cewnt concrete pavemnt together nth integral curb, and by the construction of such storm sewers and drainage facilities and other necessary incidentals dentals and app►artenancesy a.0 as deemed adequate by the City Engineer and as provided for in the Plans and Specificatiorm for ouch imprairements heretofore prepared by the City &Zineer and hereinafter approved and adopted. SEICTIL , 3 : in providing far and making ouch improvements it is hereby detexmi.ned to pvmx*d under and in the wwroise of tho posarxi terms, and provisions of they Acts of the First Called Sessicn of the 40th Lagislature of the State of Tomas, 1927, Chapter 106, "id Act being ca=orCy known as Article 120,rb os the Revised Civil Statutes af' the State of Texas, 1,925, as amnded, which Act is adopted by Article XIV Section 2, 'of the Charter of the City of Beaumont. -I— x SECTION hS, - That, v>hereas, the City Engineer has heretofore prepared and filed with the City Cc anisaion, the then governing, ',may of said City, ecmplste Plans and Specifications for, such proposod inprauo ientss vibich plans and speci- ficationspeci- -Picationo are on Me Ln the office ,of the City BmSd=©r of .said City, said Plans, and Specifications are hereby approved and adapted for use in the con- struction of a -aid improvements on the street hereinabove describedo SF:,CiIM = The costo o2 said improbo nents shall be appoel coned and paid for as follacvsa to-qdt: (a) The City aha l pay all of the costs of canstructiM said inp.-mements vitUn the intersection of said street heroimbovo describedx with all other streets$ all(njs and avenues within the liiaiits to be improved, eL-alit ;ive of the cos'' of constructing aU draimge lines and facilities within the said intersections., and in addi- tion thereto not lass than one-third (1/3) of the ing cost of aa,d inprover:�--nts. (b) The real and true miners of properties abuttinc upo;, said street. ,-,!thin -VI-he limits haresinabo e deacx-. oGd shall —' and have assessed agsit them a rK1 t helz said properties, two -this (2 fn.s 3) of the Coat of all of said improvencntss incurring the cost of conotruct:i g tha said drainage Lines and facilities atirs.latim the inborsectionaj, excluding,, howvary that portion of the coast oaf sa; d inYprovem).xmits y;� tlr r thc� intersectione to be paid for by the C`i.t*y as horean- aba7e pzvxicaod for in Section (a) horeof. The amounto payable by the abutting property and the real and tvae Livner s thereof a a7 i. be assossed against such property and the real area true ormrs thereof, and sly constitute a first are prior lion upon such abutting property, and a personal, liability sty of tiro real and true owners thereof, and assail, be payable as follows,, to-vrt: The amount of said aasessmanta shalt be payable in give (5) equal, annual installmnta, the first of Which to be due and payable Thirty (30) days after the date said Improvemonts axe, completed and accepted by tbo City Cecil of the City of Beainont, and the remaining four (4) :inst&U- ments to be duo and payable respectively in one (1), trio (2), three My and four (4) years, frm and ofyer the date of such acceptance, together with intezvot thereon frcm data of acceptance, at the rate of six. per cent (6N ) per am=, payable annually; provided, however, that the o;aters of said pro- perty shall have the privil ego of pWing arW one of y or all of such inatalli meats at fray tires begoro maturity thereof: by paying the total. amo Lmt of principal due, together -with intorest accrued to the date oil payment3 flrrther$, that if default be made :Ln the payments of any of said insta33=nts of prin- cipal or interest, promptly as sat, matures, then, at the option. of the Contractor, or assausy the entire amount of the assessmszt upon dhi.ch ouch default is made, shall be and bacwe :irmadiately due and payable, together vith reasonable attonieyts fees and collection costs, if incurred; haoevery it is specifics y stipulated and provided t1W. no asses.-mont alb in mW cas© be made against arq property, or the real and true o mors thereof 3n e=ess of the spocial benefits to accrue to .such proportyy in tho en' wraed value thereof,, restating from said Improvements* -2- WGTICN 6: In the lev7ing and making of ,said asseamments, if the nay of the atV owner be unlmoms it shall be sufficient to so state the facts and if WW property be owned by an estate or by wW firm or corporations it shall be sufficient to so states and it shall not be necessaryto give tho correct name of air omz er+s but the real and true owner of the property mentioned shall be liable and the assessment against the property AaU be vallds tither or not such owner be correct* named, It Is further provided,, as is stipulated by the provision of said Charter and laws, hereinabove identified* that said Improvements may be omitted in front oZ arq party,, exmpt from the lien of special assert and street improvementas vith out invalidating or affecting the assessiawts, against the remaining property abutting upon said street. SECTION Z i That the City Xuager is hereby authorized and directed to pre. pares or cause to"be prepareds a Notice in the noxw of said Citys of the action taken herein and to execute said Notice on 'behalf of said Citys and the City Clerk in hereby authorized and directed to attest said Notice with the seal of said City# and to rile some Frith the County Mark of Jefferson Coustty, Texas, mnong the Mortgage Records of ,said City. SECTION 8 s That whereas$ the City Camdesicnj being the than governig boor of said City of Beaumont, has 'heretofore advertised for and received competitive bids on the construction of said improvements for the length of time and in the m=er and form as required bathe Charter of said City and tho lava of the State of Texaer, and they City Council did, after having du7v made appropriation of avaiiaMe funds to cover the estimated cost to said City for said improvemmntss award a contract for the construction of said inpravio. meats to Trotti & Thmsons Inc, on its lowst and best bids(aaid contract having been heretofore duly 'executed on 'behalf of said City and by Trotti & Thomson, Inc., and is dated 'March 260, 1948. It is therefores hereby deter. mined and directed that said 1wrcmements herein ordered be constructed and done in accordance v the and under the targp of said c3ontrsat. That the City 3titeer of said City is horeby directed to prepare and file with the City Council estimates of the costs of such im. provements and cstimetes, of the amount per front foot proposed to be paid b9 and assessed apAnst the properties abutting upon said street herein ordered improved based upon the bid prices contaixnad in said above described contract, all as required by and in accordance with the provisions of the charter and acts hereinabove identified aril under which said irWwemmtg are being had and constructed. WSW by the City Councils this 20th day of Aprils 19l48, /Sl otho Uuaaaer