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90-028 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN COP r 6.~ y ~ l* ORDINANCE N0. 90-028 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TKUE OWNERS OF PROPEKTY ABUTTING UPON A CERTAIN STREE'I' IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINEll, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVE- MEN'T OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PRO- CEEDINGS OR CONTRACT THEREFOR; OVERkULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PRUPOSED TO BE AND AS ASSESSED AGAINST SAIB PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, FIXING THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND ME'THOD OF SAID PAYMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. The City Council of the City of Paris, Paris, Texas, finds: (a) That the C;ity Council of the City of Yari-s has heretofore, by ordinance duly enacted on the 19th day of August, 1987, determined a necessity for and ordered the improvement of a portion of the following street, to-wit: Collegiate Drive from 70 feet South of the center line of the South lane of Loop 286 N.E., Southerly 460.2 feet to the North boundary line of Lot 2, Block 3, Town North Estates and from a point approximately 5 feet North of the South propoerty line of Lot 20, Blcok 2, Town North Estates, Southerly 2939 feet to the North edge af the pavement of Lamar Ave. within the limits therein defined, and 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. (b) That a notice duly executed in the name of the City of Paris, Paris, Texas, of the enactment of said above described ordinance has been heretofore filed with the County Clerk of Lamar County, Texas, the county in which said City of Paris is situated, on the 26th day of September, 1987. (c) That said City Council has ordered and authorized said improvements. (d) That the City Council caused the City Engineer to ~ prepare and file estimates ot the costs of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting said street within the limits defiried and against the real and true owners thereof. (e) That upon the filing of said estimates, the City Council did, by ordinance duly enacted on the 9th day of July, 1990, provide for and order a hearing to be held at 5:15 o'clock P.M., on the 9th day of August, 1990, in the Municipal Court Room, Police and Courts Building, Paris, texas, at which time and place all persons, firms, 208 PAGE 3 RFi'TTTI?nT Tn. 04 „-F n.,,.-; ~ r; r1 ,.,,.7. n n T2 0 nZ-7 v.,,,.,. mNT ~r , e , / Section 5. The assessments levied in Section 4, above, are for a portion of the costs of said improvements in the street and units therein set out, which are included in said ordinance enacted on July 9, 1990, and the assessments for the improvements in said units are in no wise related to or connected with the improvements or assessments in any other street or unit described in said ordinance, if any; and in levying said assessments the amount so assessed tor the improvements in said units have been in no wise affected by any fact or thing in any way connected with the improvements or by the assessments therefor in any other of said units. The omission of the improvements in any of said streets or units as a whole shall in no wise affect or impair the validity of the assessments in any other of said units and the omission of the improvement in any particular street or unit in front of any parcel of property exempt from the lien of such assessments, or against which a valid property assessment cannot be levied, shall in no wise affect or impair the validity of the assessments against the other properties in such unit. Section 6. The costs of said improvements shall be paid as follows, to-wit: (a) The City shall pay all ot the costs of drainage installations, wherever located, if any, all the costs of excavation, base preparation and paving within street intersections, and not less than one-third of the costs of excavation, base preparation and paving all other portions of the street involved. In cases where the City Council may deenl it just and proper, the city shall also pay all or any part of the amount of any credited adjustment which may be allowed in the assessment of abutting properties and the owner thereot, as herein provided, for the cost of exca- vation, base preparation and paving, and of installation of curbs and gutters. The remaining costs of all such improve- ments shall be paid by the property abutting such portions of said street and the owners thereof. (b) The remainder of the costs of such improvements shall be assessed against the respective abutting properties and the real and true owners thereot in accordance with the statutes of Texas and the Charter of the City of Paris herein referred to. No assessments shall be made against any abutting property or the real and true owner thereof for costs in excess of the beneFits to such property in en- hanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in installments as follows: When the improvements herein ordered for the street des- ignated above and portions thereof have been completed and accepted by the City of Paris, the amount of the assessment against each property abutting thereon and the real and true owner thereot shall be and become payable in five (5) equal annual principal installments, due respectively thirty (30) days after one (1), two (2), three (3), four (4) and five (S) years from the date of acceptance by the City, together with interest on each installment from said date of accep- tance until paid at the rate of six per cent (6%) per annum, payable annually; provided, however, that the owner of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of the principal of such install- ments, together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments or principal or interest promptly as the same become due, then at the option of the R~ 0408 PacE 9 s' ~ n ~f corporations and estates owning or claiming any such abutting property, or any interest therein, and their agents and attorneys, and all other persons interested therein, were to appear and to be heard in person or by counsel, and such ordinance directed that the City Clerk give notice of such hearing in the manner required by law. (f) That after due publication of notice as required by law, on the 9th day of August, 1990, at 5:15 o'clock P.M., said hearing was opened and held in accordance with said ordinance ancl notice at which time and place an opportunity was given to all of the above mentioned parties and their agents and attorneys to be heard or offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and testified as follows: The City Engineer, Earl Smith, stated that the improvements for which assessment was being made consisted of curb and gutter only and that in addition to the proposed assessment, property owners would be required to pay for ciriveways for which they have requested. The Director of Community Development, Joe McCollum testified that he had worked with the Collegiate Drive improvement project from its inception and was active in the right of way procurement phase of said project and in that capacity had reviewed the appraisals ot the property made by an independent fee appraisor and that said appraisor had also been requested to include in his appraisal report his opinion as to whether the abutted property throughout the project was enhanced by the project and the extent to which they were enhanced, and that the proposed assessment list did not contain any assessment beyond the amount that the parcels hacl been enhanced. (g) That at said hearing the following property owners were present and offered objections or testimony as to said improvements, contracts or assessments therefor, or as to proceedings with reterence thereto. (1) Edith llunn stated that her property was not enhanced. Beulah Jean Andrew statecl that she got four driveways but only requested three. (2) 'That the City Council has heard all persons who appeared and desired to testify, object or protest as to the special benefits in enhanced value to accrue to said abutting property 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 abutting property, and has heard all parties appearing and offering testimony, together with all objections and protests relative to such matters and relative 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 protest or objection or to offer testimony, and has fully examined and considered all of said evidence, matters, testimony and objections offered. (b) That the City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the laws under which same are being V 2PSPACc 4 ! l~ had and with the directives of said City Council in refer- ence to such improvements, and that the same are, in all respects, valid and regular, as corrected. The Mayor announced that the hearing was closed and directed the City Attorney to present an ordinance incor- porating the findings of the City Council. (i) That based on the evidence, matters, objections and testimony considered at such hearing, the City Council has determined that the properties, and each and every parcel of such property abutting upon the street and units as hereinafter set out, has been enhanced in value and specially benefited by the construction of such improvements in an amount in excess of the amount of such impravements proposed to be, and as hereinafter assessed against each ot said parcels of property abutting upon said street and the real and true owners thereof. (j) That the City Council is of the opinion and finds that the Front Foot Plan or rule would result in justice and equity between all parcels of property within the same unit; and the City Council has determined to apportion and assess the costs on the Front Foot Plan or Rule, except in the following situations and adjustments in assessments against corner properties, so as to produce a substantial equality of benefits received and burdens imposed. None And the City Council has further found upon the evi- dence considered that the assessments hereinafter macle and the charges hereby declared against said abutting properties and the real and true owners thereof are just and equitable, and do not exceed the enhanced value of the parcel to which they abut, and all objections ancl protests thereto should be overruled and denied. Section 2. There being no further protests or testimony for or against or in reference to said improve- ments, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said street within the limits and units herein defined, and to a11 persons, firms, corporations and estates owning or claiming same or any interest therein, shall 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. The City Council hereby finds and determines upon the evidence hearcl in reference to each and every parcel of property abutting upon the street and units hereinafter set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the constructTOn of said improvements in said portion of said street wi11 be in excess of the costs of said improvements made and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinafter made are just and equitable anci produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws ot the State of Texas and the Charter of the City of Paris; and further finds that all proceedings and contracts heretofore had with reference to said improvements are in all respects, regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said City Council. R1' ~.l_lkv PAGE 5 Project: Collegiate Drive Extension CURB & GUTTER / DRIVEWAY ASSESSMENT Date: November 21, 1989 Po~~ Lot LLrb dc Glrtier Drlveway Lot 81ock Owner Front TOTAL ~ Feet ron o Totol q~f° Cost uaretrd. Totol ~~MENT F"t 27 2 286 Blankanship Oil 114.0 $5.00 -0- ' 201.67 $34.48 6,953.58 $6,953.58 28 3 286 Donald & Harold Blackbur 76.7 $5:00 $383.50 110.42 $34.48 3,807.28 $4,190.78 26 15 286 Buryl Whitaker 460 $5.00 $ 42.00 31.1 $34.48 1,072.38 $1,114.38 17 1-A City of Paris 74.8 -0- _0_ 4.8 .00 23.00 23.00 18 2-A City of Paris 60.6 -0- _p_ 8 Edith Dunn 60.6 5.00 -0- -p_ 3-A City of Paris 60.6 -0- _p_ 19 3 8 Eva Ham ton 60.6 $5.00 $10.00 $ 10.00 4-A City of Paris 61.0 -0- _p_ 21 4 8 L.M. Hutchings 61.0 $5.00 $53.00 $ 53.00 22 5-A ~ 8 Cit of Paris 59.8 -0- _p_ 6A7A City of Paris 119.5 -0- 23 6&7 8 Odis Northam 140.5 $5.00 -0- -0- 13 1-A City of Paris 92.2 -0- _p_ - - -0- 14 2-A Cit of Paris 52.2 -0- 30.0 $32.72 $ 981.60 2 52.2 1$5.00 -0- 981.60 3-A City of Paris 15 3 7 James Miles 51.5 1$5.00 -0- 30,0 $32.72 981.60 $ 981.60 16 4 City of Paris 72,1 _0- _0_ 4 7 H.L. Garrett 12 1 57D Estelle Veach 103.4 5.00 10 2 57D Lewis Carrington 74,4 $5.00 -0-- 30,0 -832.72 9 3 57D Harve Dulane 76 0 5 r, . . ;y. Project: _ Collegiate Drive Extention CURB & GUTTER / DRIVEWAY ASSESSMENT Date: November 21; 1989 Poreel Lot LLrb dc Glttter Dri"ay Lot Block Owner Front TOTAL f F-; ron o Tolal ouare er Total ASSESSMENT 6 4 257 Lois C. Lay 86.1 $5.00 $ 42.00 $ 42.00 8 6 257 Hattie Miller Est. Fred Hulen 168.1 $5.00 -0- -0- 11 11 257 City of Paris 199.41 -0- -0- 5 12 259 Earl Bellamy 1,307 $5.00 $800.00 $ 800.00 4 12 259 H.W. Investments 1,306 $5.00 $6,530.00 $6,530.00 1 32 259 H.W. Investments 410 $5.00 -0- 51.39 $34.48 $1,771.92 $1,771.92 1 32 259 Beulah Jean Andrew 86.1 55.00 -0- 149.3 $34.48 $5,147.86 $5,147.86 2 1 3 H.W. Investments 84.5 $5.00 -0- -0- an 4A ~ 25 236 Nathan Bell 374.8 $5.00 $1 874.00 ~S1 874.00 4 3 1 10 David Glass/B.Bray -0- -0- (JC G~ ~~E~FtE Prepared By Ba F . ° S~~ r` t ~ APProved By ~ ~ ~r • ~Q. ••P~Ig~E4E`~\,~`v,v Earl Smith ' NAL EM~' Page 2 J j,. City of Paris, the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. Section 7. 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 clescription of any property or the amount of any assessment, or in any other matter or thing, shall not in anywise invalidate or impair any assess- ment levied hereby, and any such mistake, or error, invaliclity or irregularity, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Yaris, Paris, Texas. The total amounts assessed against the respective parcels of property abutting upon the units or portions of the street above set out, and the real and true owners thereof, are the same, or less than, the estimate of said assessments prepared by the City Engineer and approved and adopted by said said City Council, and are in accordance with the proceedings of said City relative to said improve- ments and assessments therefor, and with the terms, powers and provisions of Article 11056 of Vernon's Annotated Civil Statutes of Texas, and the Charter of the City of Paris, under which terms, provisions and powers of said statute, said improvements and assessments were had and made by said City Council. Passed and adopted this 13th da A gust, 1990. Eric S. Cli or , Mayor ATTEST: Mattie Cunningham, Ci erk APPROVED AS / OlZitil: e..!... ~K.~ Haynes, ity Attorney ~ ~ ~..y„ . RP 20S PAGE 1'U