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2546 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COP ORDINANCE NO. 2546 , AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRRE- GULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THERE- FOR; OVERRULING 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 EN- HANCED 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 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 METHOD OF SAID PAYMENT. BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF PA R IS: Section 1. That the City Council of the City of Paris, Paris, Texas, finds: (a) That the City Council of the City of Paris, Paris, Texas, has heretofore by ordinance duly enacted on the 14th day of January, 1980, determined a necessity for and ordered the improvement of a portion of the following street, to-wit: 7th Street, N. W. , from the North Boundary Line of Bonham Street to the South Boundary Line of Graham Street within the limits therein defined and in the manner and according to the plans and specifications therefor, which plans and speciEications have heretofore been approved and adopted by said City Council. (b) 'I'hat a notice duly executed in the name of the City of Paris, Paris, Texas, of the enactment of said above described or- dinance has been heretofore filed with the County Clerk of Lamar County, Texas, the county in which said City of Paris is situated, on the 8th day of February, 1980. (c) That said City Council has ordered and authorized said improvements. (d) That the City Council caused the Director of Public Works to prepare and file estimates of the costs of such improvements and estimates of the amounts 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 enacted on the lOth day of November, 1980, provide for and order a hearing to be held at 7:00 o'clock P. M. , on the 8th day of December, 1980, in the Council Room, City Hall, Paxis, Texas, at which time and place all persons, firms, corpora- tions 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 per- son 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 8th day of December, 1980, at 7:00 o'clock P. M. , said hearing was opened and held in accordance with said ordinance and 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: Darrell W. Gunn, Director of Public Works of the City of Paris, briefly described the improvements constructed and ex- plained the method of apportionment of the costs of such im- provements between the City and the abutting property and the owners thereof. T. K. Haynes, City Attorney, then pointed out that notice of the hearing had been published in the Paris News at the time and in the manner required by law, and that such contained proposed rates to be assessed against the abutting property and its owners and the estimated total amount of the whole improvement, and that a copy of the notice had been mailed to the abutting property owners. Robert W. Sokoll, City Manager, testified and advised the Council of the respective values of the improvements and the de- gree to which they enhanced the value of the respective abutting property and that, in his opinion, the abutting properties, and each of them, were enhanced .in value by the building of said improve- ments in an amount greater than the assessments against such pro- perties. (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 ref- erence thereto: (1) None (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 costs of constructing said improve- ments proposed to be assessed against said abutting pro- perty, 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. (h) 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 had and with the directives of said City Council in reference 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 incorporating the findings of the City Council. (i) ; That based on the evidence, matters, objections and testi- mony considered at such hearing, the City Council has determined that the properties, and each and every parcel of such property abutting upon said street and the 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 improvements proposed to be, and as hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owner 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 and 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 certain properties, so as to procude a substan- tial equality of benefits received and burdens imposed. None A nd the City Council has further found upon the evidence con- sidered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the real and true owners thereof are just and equitable, and all objections and protests thereto should be overruled and denied. Section 2. There being no further protests or testimony for or against or in reference to said improvements, benefits or pro- ceedings, said hearing granted to the real and true owners oE pro- perties abutting upon said street within the limits and units herein defined, and to all 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 specifi- cally mentioned or not, shall be, and the same are hereby over- ruled and denied. Section 3. The City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon the street and units hereinafter set out that the en- hancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said street will 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 and produce substantial equality, considering the benefits received and the bur- dens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of the City of Paris; and further finds that all proceedings and contracts heretofore had with reE- erence 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. Section 4. In pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvement of said street and un.its, including the said portions of said street and units hereinbelow set out, which ordinance was passed, as aforesaid, on the 14th day of January, 1980, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with pa rticular reference to Article 1105b, Vernon's Texas Civil Statutes, as amended, and the Charter of the City of Paris, there shall be, and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter described and abutting upon said street and units hereinafter set out and within the limits below defined and against the real and true owners of such property, whether such real and true owners be named, or correctly named, or not, the several sums of money hereinbelow mentioned and itemized opposite the description oE the respective parcels of said property, the description of such property, the number of front feet of each and the amount assessed against the same and the real and true owners thereof, and where the amount so assessed against the corner properties has been computed by adjusting the frontage, such amount so assessed shall constitute a lien against the entire property abutting the paving actually con- structed and not merely against the amount of frontage used as an adjusted 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-wit: ~ I I~. 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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 January 14, 1980, and the assessments for the improvements in said units are in no wise related to or connected with the improve- ments or assessments in any other streets or units described in said ordinance, if any; and in levying said assessments the amounts so assessed for the improvements in said units have been in no wise aEfected by any fact or thing in any way connected with the im - provements or by the assessments therefor in any other of said units. The omission of the improvements in said street 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 im- provement 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 propert.ies in such units. Section 6. The costs of said improvements shall be paid as follows, to-wit: (a) The City shall pay all of the costs of drainage installation, excavation, base preparation and paving, curb and gutter within in- tersections and other appurtenances. In cases where the City Council may deem 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 thereof, as herein provided, for the costs of installation of curbs and gutters and driveways. The remaining costs of all such im- provements shall be paid by the property abutting such portions of sa.id street and the owners thereof. (b) The remainder of the costs of such improvements for the installation of curbs and gutters and driveways shall be assessed against the respective abutting properties and the real and true owners thereof in accordance with the statutes of Texas and the Charter of the City of Paris herein referred to. No assessment 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 enhanced 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 pay- able in installments as follows: When the improvements herein ordered for the street designated above and portions thereof have been completed and accepted by the City of Paris, the amount of the assessment against each property abutting thereon arxd the real and true owners 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 (5) years from the date of acceptance by the City, together with interest on each installment from said date of acceptance 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 installments, to- gether with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said install- ments oE principal or interest promptly 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, together with reasonable attorney's fees and all collection costs incurred, shall be and be- come immediately due and payable. Section 7. All such assessments levied are, and shall be a personal lfability 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 description of any property or the amount of any assessment, or in any other matter or thing, shall not in anywise invalidate or impair any assessment levied hereby, and any such mistake, or error, invali- dity 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 Paris, 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 Director of Public Works and approved and adopted by said City Council, and are in accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers and provisions of Article 1105b, Vernon's Texas Civil Statutes, 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. Section 8. This ordinance shall become effective immediately upon passage. Passed and adopted this 8th day oE December, 1980. ~ Michael E. Malone, ayor ATTEST: r H. C. -G r e, City Clerk jAP ROS TO FORM: . T. Attorney