90-028 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN COP
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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,
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RFi'TTTI?nT Tn. 04 „-F n.,,.-; ~ r; r1 ,.,,.7. n n T2 0 nZ-7 v.,,,.,. mNT ~r , e ,
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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
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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
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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.
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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
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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
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~~E~FtE
Prepared By
Ba F . ° S~~ r` t
~ APProved By ~ ~ ~r • ~Q. ••P~Ig~E4E`~\,~`v,v
Earl Smith ' NAL EM~'
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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 ~
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RP 20S PAGE 1'U