HomeMy WebLinkAboutORD 30-UAN ORDINANCE
ENTITLED AN ORDINANCE APPROVING AND ADOPTING THE
CITY ENGINEERtS WRITTEN STATEMENT AND REPORT OF
THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVE-
PENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT
PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PRO-
PERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE
ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVEMENT
OF LAUREL AVENUE IN THE CITY OF BEAUMONT, TEXAS,
WITHIN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER
MATTERS RELATED THERETO; DETERMINING AND FIXING THE
PORTION OF SAID COSTS, AND THE RATE THEREOF, PRO-
POSED TO BE ASSESSED AGAINST, AND PAID BY, SAID
ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THERE-
OF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID
BY THE CITY OF BEAUMONT, TEXAS; DETERMINING THE
NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTT-
ING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR
THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING
AND SETTING A HEARING AT /0 3 0 O'CLOCK, A.. M. on the
. / DAY OF 40 N E , 1949, IN THE CHAMBER 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 PRO-
CEEDINGS AND CONTRACT, 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
BE IT ORDAINED BY THE CITY OF BEAUMONT:
SECTION 1:
The Citv 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 March
299 1949, determined the necessity for, and ordered. the
improvement of a portion of Laurel Avenue 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:
LAUREL AVENUE, from the West line of
Eleventh Street Westward twenty-two
hundred (2200) feet.
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 which
z
said City of Beaumont is situated, on the 7th day of
April, 1949.
(b) That the City Council has heretofore adver-
tised for and received bids for the construction of
said improvements for the length of time and in the man-
ner and form as required by law and the Charter of said
City, and that thereafter the City Council, after hav-
ing duly made appropriation of funds available for such
purpose to cover the estimated costs 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 R. P. Farnsworth Rr Company, Inc.,
on its lowest and best bid, and said contract has here-
tofore been duly executed on behalf of said City and by
said R. -P. Farnsworth & Company, Inc., and is dated May
4, 1949, and the performance and maintenance bonds re-
quired by said contract have been properly furnished
by said R. P. Farnsworth ec Company, Inc., and said con-
tract and bonds have been approved, accepted and autho-
rized by said City Council by Ordinance dated April z6,
1949.
(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 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 shm ing the esti-
mated total costs of all the improvements on said street within
the limits above defined, the amount 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 property, and the real and true owners
thereof; the total estimated cost of said improvements on said
street proposed to be 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 3:
It is hereby found and determined by the City Council
that the estimated 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
-2-
on said street; the estimated total cost of said improvements
on said street 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 said street pro-
posed 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 im-
provement s
Total amount of the costs of all of said improve-
ments proposed to be assessed against and paid by
the abutting property and,the real and true
owners thereof
Estimated total amount of the costs of all of
said improvements to be paid by the City of
Beaumont, Texas . . . . . . . . . . . . . . . . 5,$2$.$5
Estimated total costs of all of said improvements $ 29,1L4.19
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 by 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 Legis=
lature of the State of Texas, First Called Session, Chapter 106,
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 des-
cribed, shall be and the same are hereby apportioned between said
parties and shall be paid and defrayed as follows: -
(a) The City of Beaumont shall pay to the Con-
tractor, R. P. Farnsworth & Company, Inc., not less
than twenty per cent (2001o) of the total costs of all
street and storm sewer improvements called for herein,
such total costs to include an eight and one-half per
cent($2%) engineering fee. From this figure, which is
to be a minimum of twenty per cent (20%), shall be de-
ducted the total engineering fee of eight and one-half
per cent ($2%). The balance shall be paid to the Con-
tractor, R. P. Farnsworth & Company, Inc., in cash, al-
though said costs are to be as a minimum in the amounts
as hereinabove set out in Section 3 hereof.
(b) The real and true owners of properties abutting
upon said street within the limits hereinabove defined
shall pay to the Contractor, R. P. Farnsworth 8,, Company,
Inc., and have assessed against them and their said pro-
perties not more than eighty per cent ($Oo) of all costs
of all street and storm sewer improvements such total
costs to include an._. eight and. one-half ($2%) engineering
fee, all of said costs being at the rate of and in the
amounts as hereinabove set out in Section 3 hereof.
-3-
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 owner or owners 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 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 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
respective parcels of property and the real and true owners there-
of, considering the special benefits to be received and the bur-
dens imposed; all in accordance with, and as provided for in said
Acts of the 40th Legislature of the ;State of Texas, First Called
Session, Chap. 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 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), two (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 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. LL
SECTION 5:
A hearing shall be held and given to the real and
true owners and all owing or claiming any interest in, 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 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 improvements, or concerning
any error, invalidity, irregularity or deficiency in any proceeding
or contract with reference thereto or concerning any matter or
thing connected therewith, which hearing shall be held by the City
Council of the City of Beaumont, Texas, in the Council Chamber of the
City Council in the City Hall of the City of Beaumont at/0:30 A.M.
on the 2 ! day of .l u N , 1949, 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
-4-
. •;-/"j4
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 Manager of the
City of Beaumont, Texas, is hereby directed to give notice of said
hearing by publication 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
publications shall be at least ten (10) days prior to the date of
said hearing, all as is 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 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 ?, of the Charter of the City of Beaumont, Texas; the form
of which notice, having heretofore been submitted to the City
Council, is hereby approved.
SECTION 6:
That following such hearing as above provided,
assessments will be levied against said abutting property, and
the real and true owners thereof for that portion of the costs
of said improvements hereinabove 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,
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 attempt-
ing to name any such owner or in describing 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.
PASSED by the City Council this the :Zc-4 day of
1949.
Y OR
PRELIMINARY PAVING ASSESSMENT ROLL
ON LAUREL AVENUE FROM Iff. L. of 11th ST TIEST 2200 FEET
Front Foot Rate: $5.756876
Property Owner Lot or Tract
SOUTH S IDE :
(a) Kelly's Dairies, being all that
portion of land described in
deed from Will E. Orgain to
Kelly's Dairies, dated June 25,
1945, recorded in Vol. 583, page
428 of the Deed Records of
Jefferson County, Texas, which
property abuts the South line of
Laurel Avenue and is in the Noah
Tevis Survey
Block
VAN WORMER 2ND ADDITION
Estate of O.B. Sawyer,Dectd,
Ethel Sawyer, Executrix 1 thru 11
Sam Bush 1
George Baker 2
John Pollard & wife,
Rosetta Pollard 3
Louis A. Dudley 4
Louis A. Dudley 5 & 6
,,,(b)Gulf States Utilities Co.
being all that portion of
land described in deed dated
August 20, 1948, from H. B.
Funchess, Jr. to Gulf States
Utilities Company, recorded
in Vol. 709, pg. 2692 Deed
Records of Jefferson.County,
Texas, which property abuts
the South line of Laurel Ave.
and is in the Noah Tevis
Survey
(c) Southern States Steel Corporation,
Being all that portion of land
described in deed dated January
22, 1949, from H.B. Funchess, Jr.,
to Southern States Steel Corpora-
tion, recorded in Vol. 723, pg. 277
of the Deed Records of Jefferson
County, Texas, which property
abuts the South line of Laurel
Avenue and is in the Noah Tevis
Survey
(d) G. Sargl, being all that portion of
land described in deed dated,March
31, 1949, from H.B. Funche ss,Jr.
to G. Sargl, recorded in Vol. 730,
pg. 215, Deed Records of Jefferson
County, Texas, which property abuts
the South line of Laurel Avenue and
is in the Noah Tevis Survey
33
28
28
I.-
Frontage Total Amount
125.66 $723.41
560.46
3226®50
50.00
2$7,84
50.0
287.84
50.0 287.84
50.00 287.84
90.18 519.16
275.00 1583.14
301.41 1735.18
477.29 2747.70
Property Owner
PRELIMINARY PAVING ASSESSMENT ROLL CONTINUED
Lot or Tract Block Froze
NORTH SIDE:
(e) James A. Talley, being all that por-
tion of land described in deed
dated July 30, 1948, from George
J. Todd, Beatrice Kohler, and C.A.
Kohler to James A. Talley, recorded
in Vol. 707, pg. 278, Deed Records
of Jefferson County, Texas, which
property abuts the North line of
Laurel Avenue and is in the Noah
Tevis Survey
(f) Mrs. O.B. Sawyer, being all that
portion of land described in deed
dated April 21, 1948, from George
J. Todd, C. A. Kohler and Beatrice
Kohler to Mrs. 0. B. Sawyer, re-
corded in Vol. 698, pg. 370, Deed
Records of Jefferson County, Texas,
which property abuts the North line
of Laurel Avenue and is in the Noah
Tevis Survey
(g) George J. Todd and Beatrice Kohler
Being all that portion of land
described in deed dated June 10,
1948, from H. B. Funche ss, Jr., to
George J. Todd, C. A. Kohler, and
Beatrice Kohler, recorded in Vol.
7032 Pg. 114 of the Deed Records of
Jefferson County, Texas, and in deed
dated January 20, 1949, from C. A
Kohler to Beatrice Kohler, recorded
in Vol. 726, pg. 306 of the Deed
Records of Jefferson County, Texas,
which property abuts the North line
of Laurel Avenue and is in the Noah
Tevis Survey
(h) H.B. Funchess,Jr., being all that
portion of land described in deed
dated June 3, 1948, from George
J. Todd, C. A. Kohler and Beatrice
Kohler to H.B. Funche ss, Jr. ; re-
corded in Vol. 703, pg. 115, Deed
Records of Jefferson County, Texas,
i� hich property abuts the North line
of Laurel Avenue and is in the Noah
Tevis Survey
Total Property Owners, Portion
Total Cityts Portion
Total Cost of Improvements
284.8
658.0
660.0
417.2
4050.00
Total Amount
1639.56
37$$.02
3799.54
2401.77
$23,315.34
5,$28.85
C IT ---e- OF
I
IEB m:_z:r_T_Tmvz co mz -x, . TEXAS
tyuno ��j' 19/+9
TO 11"MYCR C;K'TY CN)U11011f
Gnu a" r-sns
A� Oro 1,
n a c 0 0 r- d a t 0 w I t I I tr �P r .0 C'e-0 dli I s In 0 1 � 0 t 0 f d by
Your Monorabit B-ody,
71,11 n v, dlitreg,,tilon and raquast, v,,nW.
P-11) IF101j, io
he've yormp"'ved zinO 'An-erewith �.uihimlt to
yirmu, estinaates of tlhe C-ast's 'of irnmvovixn�, Uczwrel ,"�vergus within •7�e
thuz, conntn.;c.tion t1imrctup"M oil
C"ement pavement or
,13ab without,
out omith du"':"-invage linos arid
to. cna&l 11-aw1ko *II T"IOvided ":A7"OZO t -� I 4-j 1 h, c'
��Ionn' i'ov hevotofnre -,)ren,�red �by -th-o under-
signc�l nr,0 nn.d by yoi�z, nn bnncc1 uIp'o-n t"10
tm.ct 1949o, by 'you Rt..o 'P4 err rnsm-mrtlh
if"Orq'_.)any# Inci. cortt-ractor, s r % il i �t rs t r c e, t , co b c' i I -1 0 v C' -1 b a i' 1 3; t-
oribed as follow-st, to-vit: -
I A. 1R,13 L IUM13, fnxt,,
'Y,,tW0 111UIGI.red (2200.0) Ifeet.
The'ostir'�rites. to oilit are br�isod mpor, unit ,rprices
I
OP -11-C4 -for .1Z. saiul ct ncth znnd t,%,c':, in,'T.-r-nortion ;cyit o,'
cont' of
4;r id ao heretofore imid cUrected 1by you.; sni'd
10 ed. '�" 0 - a
�11 ' * - `)� - ro tp
an �"Unt' fr.orr�' f'oot T' ��OS In
'a'sqessed q7_r?P_in6;t mm"! 'pn
iic"' by tine. "JolittIng
pro-'pext%- and Vae mal. �3nd trac ckw.'-�_er vi'lere-of
!4111 Q'�' P, n J, d i q roveirlentin . 0 6
Rod
"TOVA "' ount wf' the con.ts, of Aft oi.' s id *M -
provo,nents propoted, to bo qs�.98ed n�.jlainvmt
nnd --M b,, zhenbu-MA-nG, nm �'rt'y �md ho, S. re -j.
-upe
nuld �r%lo 0"q��rS O�' w 0
f
the c6st-S
Utimated tot zr= 011,
or,zll of" said pprovosoantz to bo paid -8�
by the City, of JNGaR:Bm,.)JZI t#TP4ZriAS v' • II J282
8.
ati at . total costs of all of said
you, also a proposed a nese ent rail$ pr state- -.:int, relat± ve : o-
scid iE,.provam&tet z seri wUch I have ahovn the proposed a oun't ' t✓o
h � ; �i St; -he Sisveral ai oals o: pro er he�t;�iA
upo a sxid street,* md vhc -real �'nd true owners the-rooft t of ether
withe cry ption"af said prop ertiez, nae of the apparerit
owmer&, and the rwyaber of fron -foota e and. other matt ars 3. all as
accurately as been able. to determine,*
� es.'pect fully SUbmitt ed,
R. Clyde Black$ City Engineer
THE STATE
COUNTY OF
PUBLISHER'S AFFIDAVIT
OF TEXAS
JEFFERSON
Before ' me, the undersigned authority,. personally appeared,
R_ A. Bean
who, being by me duly sworn, says that the f o r e g o i n g and
attached Legal Notice
i
was published on the following dates s June 9, 10011-
A. D., 1949__
in the BEAUMONT Journal a daily newspaper
printed and published at Beaumont, Jefferson County, Texas.
SUBSCRIBED and sworn to 'before me, this the .day
IF
Of A. D.
i
NOT Y LIC In snd for •Jefferson County Tezu
RNA L4 ANI? 'TRUE OWNERS,.
R HEREINAFTER NAMED OR
PLY' NAMED OR NOT, OF
rY ABUTTING UPON • '
L AVENUE, FROM THE WEST -
OF f
EST.OF; 'ELEVENTH- -STREET-
✓ARD TWENTY-TWO HUN=
FEET, j , -
1TEREST THEREIN, AND TO
TERESTED 'IN ANY , OF ' THE
DINGS,.1 CONTRACTS OR
M A T T E R S HEREINAFTER
NED. I
is hereby given to the real ani
ers, wh ther hereinafter names
tly named or not, of propert:
upon L .
rel Avenue; within the
:rein defined, in the; City o
Texas; and all persons 'ownini
6 any I such abutting property
ay interest therein, and to all other;
�1ing or interested in, any of saic
(erty, or in any of the proceedings
facts .and matters herein mentioned
•le City Council of the City of Been.
it, Texas, by duly enacted Ordinance
rch29,-'1949, has determined tho
for, 'and ordered the Permanent
ent of; the following street with.
Alowingl limits,in the City o:
Texas, 'to -wit:- •-
AVENUE,. from , the West
f Eleventh =Street Westward
two Hundred (2200)' Feet.
, grading, filling, widening, pay-
ving f repairing• same and by
m such 'drainage -lines -and
and 'other incidentals and ap-
es thereto as are deemed'neces-
adequat ,by the City .Engineer:
or
nent Concretelslab without curb -and
Iter of the type and width as provided
' in -the Plans and Specifications there-
:.repared by jthe City Engineer, and
} .-hre approved and adopted by said
Col!uncil, all of said improvements
t tone in t e manner. and as ' pro-
Ve Er in saidPlans and Specifications
?quitntract covering tile- construction
••m improvements, heretofore awarded
Farnsworth & Company, Inc.,
Cu rbity Council, and which.Contractl
NUt7 May -4,' 1949, and. approved and
1 ed by OrdIinance enacted 'by said
reS-iuncil -on April 26, - 1949, which
Lavris and, Specifications and Contract.
,eby referred 'to and are on file
R>ffice of tie -City Engineer of the
I Beaumontl, Texas.
b� Asaid City. Council has caused the,
Perthgineer tol prepare • and file the
}y. 2;ter set -out -estimates of_Uie -cosE,
l'improvements ,and has heretofore,:
enacted Ordinance, -dated March:
ss determined the necessity of.levy-,
`essments Ifor,' a portion of the
the const uition of said .-impiove-i
against the ,property abutting upon
trees' within the 9imits 'above --d
/and -the real and -true owners there=
ad did adopt and- determine the
tafter set oiit proposed apportion-
. % of ;the cost of said improvements
nen `said City and'- said ' abutting
"arty,
"and
the real '-and 'true owners
Aeof; and that the portion of- said
is proposed -to be assessed against i1
he
abutting property, and.the real and
id did further adopt the following Pro-
rat
and :.estimates of. said costs
fir reference to 'said -street , within the
limits above defined,'; to -wit
Total amount `per front foot
proposed to be assessed against
and paid by the abutting prop-
erty,. 'and ..the real-: and true
--owner, thereof' for' all-: oV said - -
im 'rovements .. ...,$ 6.758876
Total amount" of' the-- costs ' of.
all _of the improvements 'pro-
Posed -'to' be' assessed against
and paid by the abutting prop- '
erty and the .real , and, true..
owners thereof ;..... ".... :..... $23,315.34.
Estimated total"� amount of the
I. costs of all 'of said improve=
ments to be paid --by the"City
of Beaumont,. Texas..........:. $'5,828.85
Estimated -total, costs of all of
said improvements ..:..,.. �:.. $29,144.19
A hearing. will. be given and held by
and before the City Council of 'the City
'of Beaumont, 'Texas, on -the 21 day of
June, '1949 at 10:30, o'clock A. M. in the
Chamber of the - City'Council in- the City
,F_all of the City.' of. Beaumont; Texas, to
jthe real and true owners, whether named
or. correctly. named herein or' not, of all
broperty abutting upon said street within
the limits above "defined, and to all per -
,sons awning or claiming' any such abut-
ting property, or 'interest therein, and -to,,
all others owning: claiming or interested
in 'said abutting property, or any of the
(proceedings, contracts or .matters and
things herein" mentioned- or incident to
said improvements or . contract ' herein
described.
At said time `and place, all such per-
sons, .firms, corporations and, estates; -and
,their agents and %attorneys, -,shall have
the right.to appear and to be -heard and
coffer testimony .as to the, said assess-
ments, and" to the' _amount thereof, pro-
posed to be assessed against said abutting
property, and the real and true owners
thereof, the lien'and charge of personal
liability to secure payment of said -assess-
ments, the special benefits to accrue to
each such abutting .vroi)erty and 'the e
N O T I C E :
TO THE REAL AND TRUE OWNERS, ti!1HETHER HEREINAFTER
NAMED OR CORRECTLY NAMED OR NOT, OF PROPERTY
ABUTTING UPON
LAUREL AVENUE, FROM THE WEST LINE OF
ELEVENTH STREET WESTTWARD TTN-ENTY-TWO
HUNDRED FEET,
IN THE CITY OF BEAUMONT, TEXAS, AND TO ALL OWN-
ING OR CLAIMING ANY SUCH ABUTTING PROPERTY, OR
ANY INTEREST THEREIN, AND TO ALL INTERESTED IN
ANY OF THE PROCEEDINGS, CONTRACTS OR OTHER MATTERS
HEREINAFTER MENTIONED.
Notice is hereby given to the real and true
owners, whether hereinafter named or correctly named or not, of
property abutting upon Laurel Avenue, within the limits herein
defined, in the City of Beaumont, Texas, and all persons owning
or claiming any such abutting property, or any interest therein,
and to all others claiming or interested in any of said property
or in any of the proceedings, contracts and matters herein men-
tioned, that:
- The City Council of the City of Beaumont, Texas,
by duly enacted Ordinance dated March 29, 1949, has determined
the necessity for, and ordered the permanent improvement of, the
following street within the following limits, in the City of
Beaumont, Texas, to -wit: -
LAUREL STREET, from the West Line
of Eleventh Street Westward Twenty-
two Hundred (2200) Feet.
by raising, grading, filling, widening, paving, re -paving or re-
pairing same and by constructing such drainage lines and facilities
and other incidentals and appurtenances thereto as are deemed neces-
sary and adequate by the City Engineer; said paving to consist of
the construction of a seven-inch (7") reinforced Portland Cement
Concrete slab without curb and gutter of the type and width as
provided for in the Plans and Specifications therefor prepared by
the City Engineer, and heretofore approved and adopted by said City
Council, all of said improvements to be done in the manner and as
provided for in said Plans and Specifications and Contract cover-
ing the construction of said improvements, heretofore awarded to
R. P. Farnsworth & Company, Inc., by said City Council, and which
Contract is -dated May 41 1949, and approved and authorized by
Ordinance enacted by said City Council on April 26, 1949, which said
Plans and Specifications and Contract are hereby referred to and
are on file in the office of the City Engineer of the City of
Beaumont, Texas.
That said City Council has caused the City Engineer
to prepare and file the hereinafter set out estimates of the cost
of such improvements and has heretofore, by duly enacted Ordinance
dated March 29, 1949, determined the necessity of levying assess-
ments for a portion of the costs of the construction of said
improvements against the property abutting upon said street with
in the limits above defined, and the real and true owners thereof,
and did adopt and determine the hereinafter set out proposed appor-
tionment of the cost of said improvements between said City and
said abutting property, and the real and true owners thereof, and
that the portion of said costs proposed to be assessed against the
said abutting property, and the real and true owners thereof, will
be in accordance with 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 -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 im-
provements . . . . . . . . . . . . . . . . . . . . .$5.756$76
Total amount of the costs of all of the improve-
ments proposed to be assessed against and paid
by the abutting property and the real and true
owners thereof . . . . . .. . . . . . . . . . . . $ 23 9 315.34
Estimated total amount of the costs of all of
said improvements to be paid by the City of
Beaumont, Texas . . . . . . . . . . . . . . . . . . $ 5182j�jj •85
Estimated total costs of all of said improvements.. $ 29.J1,4,1_9
A hearing will be given and held by and before the
City Council of the City of Beaumont, Texas, on the .?I day of
19419, at /6- 36 o'clock—
C_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 owning or claiming
any such abutting property, or interest therein, and to all others
owning, claiming or interested in said abutting property, or any
of the proceedings, 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,
corporations and estates, and their agents and attorneys, shall
have the right 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
owners 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 propesed assessments, and
concerning any other matter or thing as to which hearing is a con-
stitutional prerequisite to the validity of said assessments,
proceedings and improvements and on which they are entitled to a
hearing under the laws of the State of Texas and the proceedings
of said City Council of the City of Beaumont, Texas,
Following such hearing, assessments will be levied
against each and every parcel of property abutting upon said street
within the limits herein defined, and against the real and true
owners thereof for that portion of the costs. of said improvements
determined by said City Council to be payable by such abutting
-2-
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properties, and the real and true owners thereof, and said
assessments shall be and constitute a first and prior 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 reference to said improvements, shall invalidate
any assessment or certificate issued in evidence thereof, but
nevertheless each parcel of property abutting upon said street,
and the real and true owner or owners thereof, shall be charged
with, and be liable for, said assessment, which shall be valid
whether or not such owner or owners be named or correctly named
or such property be described or correctly described, all as
provided for under the Acts of -the 40th Legislature of the State
of Texas, First Called Session, Chapter 106, commonly known- as
Article 1105=b, Revised Civil Statutes of Texas, as amended,
which Act is adopted by Article XIV, Section 2, of the Charter
of the City of Beaumont, Texas, under which Act said improve-
ments, proceedings and assessments are being constructed per-
formed and levied.
Of all said matters and things, all owning or
claiming any such abutting property, or interest therein, as
well as all others in anywise interested or affected by the
things and matters hereih mentioned will take notice.
DONE by order of the City Council of the City
of Beaumont, Texas, this the It -4 day of , 1949.
(Seal)
CIT MANAGER
City of Beaumont, Texas
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' C I TY O F BE AU 1Vi O M, T
BE_-_T_T.MOTZT TEXAS
W.
June, 1949
TO THE MAYOR AND CITY COUNCIL
CITY OF BEAUMONT, TEXAS
GENTLEMEN:
In accordance -with the proceedings heretofore had by
your Honorable Body,'and upon your direction and request, and in
compliance iTl th the law, I have prepared and herewith submit to
you, estimates of the costs of -improving Laurel Avenue within the.
limits hereinbelow described, by the construction thereupon of
a seven-inch (711) reinforced Portland Cement Concrete pavement or
slab without curb and gutter, but with drainage lines and facilities
and other appurtenances to such work, all as provided for in the
Plans -and Specifications therefor heretofore prepared by the under-
signed and approved and adopted by you, and based upon the Con-
tract therefor dated May 4.., 1949, awarded by you to R. P. Farnsworth
& Company, Inc., Contractor, said street to be improved being des-
cribed as follows, to -wit:
LAUREL AVENUE, from the West line of Eleventh
Street Westward Twenty-two Hundred (2200) feet.
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 heretofore 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 -76
for all of said improvements . . . . .LA—
Total amount of the costs of all of .said im-
provements proposed to be assessed against
and paid by the abutting property and the real
and true owners -thereof . . . 0 . 01. 0 0 0 . 2 . ��
Estimated total amount of the costs
of all of said improvements to be paid
by the City of Beaumont, Texas.. . . . . 51828.85
Estimated total cost of all of said
improvements . . . . . . . . . . . 29,144.19
.In addition to the above estimates, I herewith hand
you also a proposed assessment 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 thb 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.
Respectfully submitted,
R. Clyde Black, City Engineer