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84-088 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN COP ORDINANCE N0. $4-088 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UP011 A CERTAIN STREET IN THE CITY OF PARIS, TEXAS, WITHIN THE I:IMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS Tn ACCRUE TQ SAID PROPERTY ArID THE REAL AND TRUE OWIiERS THEREOF BY VIRTUE OF IMPROVE- MENT OF SAIn STREET WITIiIN SAID LIMITS, AND AS TO Ar?Y ERRORS, INVALIDITIES OR TRREGULARITIES IN ANY OF THE PRO- CEEDINGS QR CONTRACT THEREFOR; OVERRULING Al`tD DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FIr1DING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTIrTr UPON SAID STREET WITHIN THE LIMITS DEFINED WIL,L BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUF OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOF. THE PAYMFNT QF A PORTION OF THE COSTS OF IMPROVING SAID STREET tiJITHIN SAID LIMITS DEFI17ED, FIXING A CHARGE AND LIEN AGAINST SA?L PROPERTY AP1D THE REAL AND TRUE OWIIFR_S THEREOF, FIXING TNE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE P^r~.4NNFR AND METHdD OF SAID PAYNiENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. The City Council of the City of Paris, Paris, Texas, finds: (a) That the City Counci-l of the City of Paris has heretofore, by ordinance duly Pnacted on the llth day of June, 1984, determined a necessity for a.n.d ordered the improvement of a portior_ o£ the following street, to-wit: Sycamore Street, from the East boundary line of 6th Street S.E., East to the West boundary line ot 8th Street S.E., being approximately 631.23 feet within the limzts therein defined, a.ra.d in the manner and according to the plans and specif_ications therefor, which plans and specifications have her_etofore 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 sa.id City of Paris is situa_ted, on the 25th day of June, 1984. (c) That said City Council has orc?ered and authorized said improvemen.ts. (d) That the City Coun.cil caused the City Engineer to prepare a.nd file estir.lates of the costs of such improvemen.ts and estimates of the amaunt per front foot proposed to be assessed against the property abutting said street within the limits defined and against the real and true owners thereof. (e) That upon the filing of said estimates, the City Council did, by ordinance duly en.a.cted on the 12th day of November, 1984, pr.ovide for and order a hearing to be held at 5:15 o'clock P.M., on. the 6th day of December, 1984, in the City Council Chambexs, City Hall, Paris, Texas, at which time and place all persons, firr.-!s, corporations ancl estates owning or clair,ii.ng any such abutting property, or any interest therein, and their agents and attorreyu, and all other_ persans interested therein, were to appear and to be heard in person or by counsel, and such ordina.r.ce 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 6th day of December, 1984, at 5:15 o'clock P.M., said heaxing was opened and held in accordance with said ordinance and notice at which time and place an oppor- tunity was given to all of the above rientioned parties and their agents and attornevs to be heard or offer evidence as to all matters ir accordance with said oxdinance and notice, at which time the followin.g appeared and testified as follows: The City Engineer, Tom Pine, briefly described the improvements constructed and ex- plained the method of apportionment of the costs of such improvements between the City and the abutting property and the owners thereof. The City Manager, David H. Doty, then poin.ted out that notice of the hearing had been published in the Paris News at the time and in the manr.er required by law, and that such contained proposed rates to be assessed a.gainst the abutting property and its owners and the estimated total amount of the whole improvement, and that a capv of the noticP ha.d been mailed to the abutting property owners. The Ci.ty Manager further testified and advised the Council of the respective values of the improvements and the degrees to which they enhanced the value of the respective abutting property and that, in his opinion, the abutting properties, ar.d each of them, were enhanced in value by the building of said inprevements in an amount gr.eafier than the assessr.ments against such proper.ties. (g) That at said heering the following property owners were present and offered objections or testimony as to said improvements, contYacts or assessments therefor, or as to proceedings with reference thereto. (1) None (2) That the City Council has heard all persons who appea.red ar.d 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 compar.ed with the portion of the cost of constructing said improvements proposed to be assessed against said abutting property, an.d has heard all parties appearing and offer.ing testimony, together with a.ll objections and protests relative to such matters and relatiiTe to any errors, invalidities or irregularities in any of the proceedings and contract for sai.d 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 sa.id evidence, matters, testi- mony and objections offered. (b) That the City Gouncil did consider and correct al_1 errors, invalidities or deficiencies called to its attention and did find that all proceedi-ngs and contracts were proper and in accordance with the laws under which same are being had and with the directives of sai_d. City Council in refer- ence to SL1Ch improvements, and that the same are, in all respects, valid and regul.ar, as corrected. The Mayor announceci that the hearing was closed and directed the City Attorney to present ar.. ordinance incor- porating the f_indings of the City Council. (i) That ba.sed on the evidence, matters, objections and testimony considered at such hearing, the City Council has determined that the pr_operties, and each and every parcel of such property a_butting upon the street and units as hereinafter set out, has been. enhanced in val_ue and specially benef_ited by the construction of such improvements in an amount in excess of the amount of such improve_ments proposed to be, and as hereinaftex a.ssessed against each of said parcels of property abutting upon sa.id street ancl 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 austice and equity between all parcels of property within the same unit; and the City Council ha.s determined to apportion an_d assess the costs on the Front Foot Plan or kule, except in the following situations and adjustments in assessr.lents against corner properties, so ati to produce a substantial equality of ber.efits received and burdens imposed. None And the City Council has further found upon the evi- dence considered that the assessments hereinafter r.lade and the charges hereby declared against said abutting praperties and the real and true owners ther.eof are just and equitable, and all objections and protests thereto should bP 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 r_o the real and true owners of properties abutting upon said street withi.n the limits and units her.ein def.ined, and to al.l persans, firms, corporations and Pstates owning or claiming same or anv interest therein, shall be, and the same is hereby closed, and all protests and objections, whether specifically mentioned or n.ot shall be, ard the same are hereby overruled and denied. Section 3. The City Council hereby fi_nds and deterriines upon the evidence heard 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 propertv and the real and true ownexs thereof by virtue of thP construction of said improvemPnts in said por.tion of said street will be in exc.ess of the costs of said improvements made and as herein. assessed against said abutting properties and the real and true owners thereof; and fi_nds that the apportionment of the costs of said improvements and the assessments hereinafter made are just and equitabZe and produce substantial equality, considering the benefits received and the burders i.mposed thereby, and are in accordance with the laws of the State of Texas and the Charter of the City of Paris; and furr_h.er finds that a11 proceedings and contracts her.etofore had with referer_ce 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 owr.ers thereof, whether named or correctly n.amed or not, have been. in all thingG regularly had and performed ir. compliance with the law a.nd the proceedings of said City Council. Section 4. In pursuance of said ordinance duly enacted by said Ci_ty Council a.uthorizing and ordering the improvement of said street and units, including the portions of said street and units hereirbelow set out which ordinance was passed, as afor.esaid, on the llth day of June, 1984, and in pursuance of said proceedings heretofore had and enacted by said City Council in refererce to said improvements and by vixtue of the powexs vested in said City with respect to said street improvements by the laws of the State of Texas, with particu]_ar reference to Article 1105b, Vernon's Annotated Civil Statutes of Texas, as amended, and the Charter of the City of Paris, there sha11 be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon said street an.d. units hereinafter set out and within the limits below defined and against the real and true owners of such pro- perty, whether such real and true owners he named, or correctly named, or said properties be correctly described herein, or not, the sPVera1 sums of money hereinbelow nientioned and itemized opposite the descr.iption of the xespective parcels of said property, the description of such property, the number of front feet of each and the amount aGSessed against the sar.me a.nd the real and true owners thereof, and where the amount so assessed against the corner properties has been computed by a.djusting the frontage, such amount so assessed shall constitute a_ lien against the entire property abutting the paving actually constructed and not merely a.gainst the amount of frontage used as an adjust- ed basis for_ the assessment, and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to-wi_t: ° o 0 0 v~ C+ r+ c+ ~ V 01 W • C C7 C-t- O J• J. J. ~ (D O~G << <G O c+ CO W 00 (D N C< Q J J J ~ ~ ~ Q 0 0 ("F 0) CD n n n -5 n 7C" 7~ 7r (p n O p ry~ (D (n ~ Jry~ J ~ I ~ W W W LA - N co OO W (7 V1 ~ ~ C7 • ~ c-t S]J J. ~ 0 (D ~ ~ ~ m o vo 3 ~ r . ~ m . ~ rn o -v v m -o -v m v w i -i z J J 0) • J ¢J J 0) N J. _ V W -P S O "'S O J. -1 W J F--i • N . N O N 3 D 41 N ~ Vl SL V1 Ql N -I -0 OJ ~ . W p" . D--. fL .'L7 70 ~ cn 4~:- o rD o tD a' El m O m . . . -i x c+ -I x c+ -I o- m < cn rD :7- m =r rD o 0 0 -A m cn ~O to O X N X N X c+ • ::E 3 3 ~ V S W V S O) c+ :3 -I m fTl N U1 • (n CT7 • N C (D O Z Z r a --s -I -I N (n SL C Cn C/) ~ ~ ~ ~ • .Z7 J. J. (D m -I O c+ C-+ sL • o r 0o tn --i -G = c7 n c/~ 3 -1 O m m m -i N v ~ 0 0 0 0-n m 0 0 0 0 -5 --i w w rn -r' m n c+ o c-r o • • • c+ ~ ~3 fD p~ . . . m V) ~ J.. rD -0 CD J. ~ J J J ~ J ~ ~ o 00 GO n• C+ J J J (D i~ N N N 'O R'I • --r Ef3 64 E!3 ~ O N C'+ W W V N A~ (D J cl,^ cl, C)M Ul Y ~ W Ln Cl+ W W V fD O . . p. Q' Cn Cn - O fD Section 5. The assessments levied in Section 4, above, are for a port?_on of the costs of said improvements in the street and units therein set out, which a.re included in sa.id ordinance enacted on June 11, 1984, and the assess- ments 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 for the improvements in said units have been in no wise af.fected bv 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 improve.ments 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 improvernent in any particular street or unit in front of any parcel of property exempt from the lien of such assessmer_ts, 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-wi.t: (a) The City shall pay all of the costs of engineer_ing and double seal coat wearing surface. In cases where the City Council may deem i_t just and proper, the city shall also pay all or any part of the amount o£ any credited adjustment which may be allowed in the assessmen.t of abutting properties and the owner thereof, as herein provided, for tb.e cost of excavation, base preparation and drainage. The remaining costs of all such improvements shall be paid by r_he property abutting such portions of said str_ePt and the owners thereof. (b) The remainder of the costs of such improverlents shall be assessed against the respective abutting properties ar.d the real and true owners ther.eof_ in accordance with the sratutes of Texas and the Charter of the City of Paris herein refPrred to. No assessments shall be made against any abuttzng property or the real_ and true owner thereof for costs in excess of the benefits to such property zn en- hanced value thereof by rleans of such improvements. The amounts of such assessr!ents shall constitute a first and prior lien upon all such properties and a personal liability of the real a.nd true owne.rs thereof, wr.ether corr.ectly named or not, and shall be payable in installments as follows: When the improvements h.erei_r_ ordered for the street des- ignated above an.d portions thereaf have been completed and accepted by the City of Paris, the amount of the assessment against each propPrty abutting thereon and the real and true owner thereof shall be and become payable in five (5) equal annual principal ir.stallments, due respectively thirty (30) days after one (1), two (2), three (3), four (4) and fi.ve (5) years from the date of acceptance by the City, togPther with interest on each installrzent frori said date of accep- tance unti]_ paid at the rate of six per cent (6%) per annum, payable annually; provided, however., that the owner of any of said pr.operty shall have the pryvilege of paying all or any of said installments at an.y time befor.e maturity thereof by payir_g the total amount of the principal of such instal]_- ments, together with th.e ir.terest accrued thereon to the date of payment. Further, if default be made in the payr_lent of any of said installments or principa.l or interest promptlv as the same become due, then at the option of the City of Paris, the entire amount of the assessment upon which default is made, togethex with reasonable attorney's fees ard all collection costs incurred, shall be and become immecliarely due anci payable. Section 7. Al1 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, rotcvithstanding such owner or owners riay not be named or correctly named, and a.ny irregularity in the name of the property owner, or the description of any property or the amour.t of any assessment, or in anyo uther matter or thing, shall not in anywise invalidate or impair any assess- ment levied hereby, and any such mistake, or error, invalidity or irregularity, may be, but is not required to be, in order to be enforceable, corrected at any time by the Gity Council of the City of Pa.ris, Paris, Texas. The total amoun.ts assessed against the respective parcels of prapert_y 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 assessmen.ts prepared by the City Ergineer and approved and adopted bti said said City Counci_l, and are in accordance with the proceedi.ngs of said City relative to sa.id improve- ments and. assessments thPrefor, and with the terms, power_s and provisions of Article 1105b of Vernon's Annotated Civil Statutes of Texas, and the Charter of the City of_ Paris, under which terr.ls, provisions and powers of said statute, said i_t*.iprovements and assessr_ients were had and made by said City Council. Passed and adopted this 6th dayo uf December, 1984. , Jo ra am, ayor ATTEST: H. C. r_ene, zty er APPROVED AS TO FORM: ~ ~ r i . K. aynes, ity Attor_ney