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:
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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:
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. K. aynes, ity Attor_ney