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HomeMy WebLinkAboutORD 40-FAN ORDINANCE ENTITLED AN ORDINANCE LEVYING AND ASSESSING AS A TAX UPON THE LOTS, PARTS OF LOTS; BLOCKS OR TRACTS OF LAND NEER3. NOT DIVIDED INTO LOTS OR BLOCKS, FRONTING OR ABUTTING ON IWIL—SME3a FRO11' THE MT .SIDE OF PINS STREET TO THE NORTH SIDE OF ELIZABETH STREET; AND MAIF STREET FROM THE .SOUTH SIDE OF MILAIT STREET T0, ;THS' SOUTH SIDE OF AUSTIN STREET TWO MIRDS (2/3) OF THE COST OF PAVING AND GUTTER AND INCIDENTAL DRAINAGE AND ALL .THE COST OF CURBING SAID MAIN STREET FROM THE JEST SIIE OF PINE STREET TO THE NORTH SIDE OF ELIZABETH STREET AND MAIN STREET FROM THE, SOUTH SIDE OF MILAM STREET TO THE SOUTH SIDE OF AUSTIN STREET APP3'RTIONABLE TO THE HEREINAFTER REFERRED TO PROPERTY, LEVYING AND ASSESSING AS A TAX UPON THE TRACKS OF THE TEXAS AND .NEW ORLEANS RAILROAD COMPANY AND THE TRACKS. OF THE BEAUMONTT WHARF AND TERMINAL. COMPANY, ALL THE -COST. OF PAV- . ING BEBVEEN AND TWO (2) FEET ON EACH SIDE OF THE TRACKS -AND RAILS OF -SAID 001, I.'ANIES; AND DECLARING SAID TAX A LIEN UPON' SAID PROPERTY AND A PERSONAL MT UPON THE OWNER OR OWNERS THEREOF AND - PROVIDING A TIME WHEN SAID TAX SHALL BE OME DUE AND PAYABLE, PROVIDING FOR THE COLI,T+�TION OF S 04 AND ALL COSTS INCURRED IN COLLECTION OF SEINE IF NOT PAID AT THE T]IT'i IT BECOMES DUE ,AND PAYABLE; AND PROVIDING THAT THE RATE OF INTEREST SAID TAX SHALL BEAR FROM THE TIME IT BECOMES. DUE UNTIL PAID AND DECLARING AN EMERGENCY. Whereas, pursuant -to the requirements of Sub -Division (h) of Section 68, of the Charter of the City of Be.admont, the City Commission of the City of Beaumont caused' to be 'published for the. time and in the manner required therefor by the. City- Charter, 'a notice of a -Resolution of said Commis s ion, passed he ' etof ore on - the 9th Day of 116vem'b'er A. D. 1926 order- . ing -a---hearing to- be gi#en to the persons, firms;- corporations- and -estates, their agents or Attorneys,, owning property abutting on Main Street fr an tbze West Side of Pine Street to the North Side of Elizabeth Street and ;gain .Street from the 5.outh Side of ifilam Street , t Q the South Side of Aus- tin Street and to the owners of Railroads on said 'Stre.et; mind calling up- on all persons interested in said matter. to appear and show cause,in con- fr.omity with the provisions of the Oharter above referred to, why the 'Assessment in said Notice shou-I&' not be made against' said property and against the owners thereof, which hearing was to be held in`the Council Chamber of the Oi ty Hall of ._Beaumont , Texas at 4 O"Clock P. IZ.. on the 30th Day of November A. P. 1926; aad. Whereas, a full and fair hearing in conformity with the Charter and law in such cases having been had in conformity with said notice, and the .Commission having inquired into and determined all facts necessary to the adjudication of all special benefits accruing to each owners by means of such improvements, and said hearing having been duly closed; and It appearing that the assessment as proposed in the above mentioned Resolution passed on the 9th ?day of November A. D. 1926 with the exceptions hereinafter noted, arek in all -respects fair and equitable, and that there will be a full and adequate and special benefit to the abutting property and the owners thereof from and by reason of the proposed pavement and im, provement in excess of the amount . assessed against the abutting property and the respective ovners thereof. Ngw o THEREFORE9 BE IT ORDAINED BY THE CITY C aff1 IS SION OF M CITY OF BEA ONT; f1 Section 1. West side off rine Street tb the IForth Sidle of Elizabeth. Street and Lain Street from the Oouth7lide of LEilam Street to the 4outh, Oide of 4astin Street as a tax, = tiro -thirds (2/3) of the cost of paving acid gutter acrd. incidental drainage of said Street, exclusive of the whole cost between curb lines of improving said Street at its inter -section with other Streets and �31ey�, and all the cost of curbing said Ma n..3treet from the lest �Ue of Pine Street to the north 4ide of Elizabeth Street and Main -Street fr pan the 4outh Side of RUE= Street to the South. Side of Austin Street, and against the tracks of the Texas and Jew Oxleans Rail- road Company and. the tracks of the -beadmont Wharf and Terminal Company where occupying said Hfain Street from the South Side of Fnilam Street to the South :Side of Aasti4n Street, and against said Texas and New Orleans Railroad Company and Beaumont Wharf and Terminal Qompany, all the cost of paving between and two (2) feet on each side of the tracks and xei! is of said Companies. The lot:, lots, parts of lots, blocks or tracts of land on which said tax is levied and assessed is hereinafter described together with thee number of front feet on each lot, lots, parts of lots, blocks or tracts of land, the naMe of names of the owner or owners thereof and the I=:oportionate amount of the cost of said paving and gutter, and- the' cost of said curbing to be borne, and paid for by such owner or owners as shown by the - statement prep arod b.y the Git y Qngi`neer of the Ci tit of Beaumont,- which said amount is hereby levied and: assessed as a' tax upon, such lots, parts of lots, blocks or tracts of land as shown to -wit; 0 Section 2. That said amounts so levied and assessed shall become due and payable upon the completion of the paving upon the portion of said *tree.t upon which said lot, lots, parts of lots, blocks or tracts of land, front and abutt-, and, the amount of the tax hereby levied and assessxd together with the cost of collecting and interest at Seven (7%) per cent per annum from the date same is collectible until paid is hereby- decl&re.d a lien against said lot, lots, parts -of lots, blocks or tracts of land, superior to all other liens, claims, or titles except City, County and. State. taxes , -and C onstitute a personal charge or claim against the owner or owners of said lots , parts of lots , blocks or tracts of land. Section 3. All the cost of grading and paving those portions of Main 4treet from the South Side of Hilam Street to the South Pide of Austin Street as are occupied between the rails of the tracks of " the Texas and New Orleans Railroad Company and the Beaumont Wharf and Teminal Company and space Twenty Sour (24) inches beyond the outer edge of the rails of the tracks of said Oompanies located on said. Street shall be borne by the said Texas and New Orleans RailRoa . Company and the -Beaumont Wharf and 'Terminal Company and such costs of said improvements are here- by assessed against the said Texas and New Orleans Railroad Company and the Beaumont Wharf and Terminal Company and shall be c ollr3.eted as other assessments levjred under this Ordinance, provided such work shall be done in accordance with the Uity Ordinances regulating the construction of Railroads in the 4treets of the Oity of 4eaumont and the paving of such streets traversed by the same, Section 4, The fact that the portions of the above named Street as indicated are in bad condition -and jeopardize the safety of the people traveling thereon creates an emergency and an imperative public necessity, necessitating the suspension: of the rule requiring ordinances to be read on three (3) several days- before Cheri passage, said rule is therefore hereby suspended and this Ordinance shall take effect and be in full force and effect from and after its passage and publidati6n., Passed. this the -?ay of Ndvember A. L. 1926 by the Affirmative vote of all members of the �;onmission. I WE 102 The State of Texas, Country of Jefferson Before .me, the undersigned authority, on this day personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 536ele- _ _ -------------- known to me, who being by me duly sworn, on, his oath de- poses and says, that he is the _ _ - - ______of the B BEAUMONT JOURNAL, a newspaper published in said county; that a.copy of the within and fo going was published in said newspaper, such publication being on the following dates: --------- �_ _ _ _ _ _ _A. D. 192_ _ and a newspaper copy of which is hereto at- acfi cl: ---- -- - - -- - - -- - - - -------- - - - - -- subscribed before me, this _ _ _ �2 -- day of -- - _ _ _ - _ _ _ _ _ A. D. 192 T - _ " Notary Public, Jefferson unty, Texas.