2547 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COP
ORDINA NCE NO. 2547 ,
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 SA ID STREET WITHIN
SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGU-
LARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THERE-
FOR; OVERRURLING AND DENYING ALL PROTESTS AND OBJEC-
TIONS 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 IMPROVEMENZ'S 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 IIVIPROVING SAID
STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND
LIEN AGAINST SAID PROPERTY AND 1'HE REAL AND TRUE
OWNERS THEREOF, FIXING THE MANNER AND TIME OF PAY-
MENT 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 l. 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 18th day of June,
1979, determined a necessity for and ordered the improvement of a
portion of the following street, to-wit:
Pine Mill Road from the N. W. corner of Lot 11,
City Block 294, from a point immediately North of
the said corner in the North Right-of-way Line oF
Pine Mill Road, East to the West Right-of-way
Line of Loop 286 N. E. , being the N. E. corner
of Lot 26, City Block 296 and the S. E. corner of
Lot 12, City Block 316.
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 or-
dinance has been heretofore filed with the County Clerk of Lamar
County, Te xas, the county in which said City of Paris is situated,
on the 5th day of December, 1979.
(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,
Paris, 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 person
or by counsel, and such ordinance directed that the City Clerk give
notice of such hear.ing 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:
C. L. Walker appeared on behalf oE Eastfield Development
Corporation and stated that with regard to Lots 1 and 20, Block C,
and Lot l, Block D, of Eastfield Estates, that he was prepared to
construct the curb and gutter at a cost to him of $3. 00 per linear
foot but that he was requested by the City of Paris not to construct
the curb and gutter and that, therefore, these lots should not be
assessed at any rate higher than $3. 00 per linear foot.
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 improve-
ments 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) C. L. Walker
(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 beneffted 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 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 certain properties, so as to produce a substan-
tial eq_uality of benefits received and burdens imposed.
Lot l, Block C, Eastfield Estates, owned by Howard M. Reaves
is only enhanced $345.00.
Lot 20, Block C, Eastfield Estates, owned by Mike Anderson,
is only enhanced $345. 00.
Lot l, Block D, EastEield Estates, owned by Rodger Price, is
only enhanced $851. 00.
And 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, except as they
relate to the matters speciEically covered in Paragraph (f) and this
Paragraph (j) oE this Section.
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 of 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 assess -
ments hereinafter made are just and equitable and produce substan-
tial equality, considering the benefits received and the burdens im-
posed thereby, and are in accordance with the laws oE 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 lia-
bility 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 units, including the said portions of said street and
units hereinbelow set out, which ordinance was passed, as aforesaid,
on the 18th day of June, 1979, and in pursuance of said proceedings
heretofore had and enacted by said City Council in reference to said
improvements and by virtue oE the powers vested in said City with
respect to said street improvements by the laws of the State of
Texas, with particular 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 of 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 Erontage, such
amount so assessed shall constitute a lien against the entire property
abutting the paving actually constnucted 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:
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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 ord.inance enacted
on June 18, 1979, 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
affected by any fact or thing in any way connected with the improve-
ments 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 assess -
ments in any other of said units and the omission of the improve-
ment in any particular street or unit in front of any parcel of pro-
perty 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 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 inter-
sect.ions, repair and replacement of util.ities disturbed by the street
construction 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
said street and the owners thereof.
(b) The remainder of t h e 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 aga.inst 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 Par.is, the amount oE the
assessment against each property abutting thereon and the real and
true owners shall be and become payable in five (5) equal annual
princ.ipal 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
(670) 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 of 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 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 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.
Ihe total amounts assessed against the respective parcels of
property abutting upon the units or portions of tle 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 sa.id 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 Texis 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 $th day of December, 1980.
Michael E. Malone, Mayor
A TTEST:
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H. ree e, City lerk !y
APPROVED TO FORM:
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T. K. Haynes, City ttorney