2583 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON A CERTAIN STREET AND HIGHWAY IN COP
ORDINANCE N0. 2583
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND
TRUE OWNERS OF THE PROPERTY ABUTTING UPON A CERTAIN STREET
AND HIGHWAY IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS
HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO
SAID PROPERTY AND THE Rv-AL AND TRUE OWNERS THEREOF BY VIRTUE
OF IMPROVEMENT OF SAID STREET AIND HIGHWAY WITHIN SAID LIMITS,
AND AS TO ANY ERROP.S, INVALIDITIES OR IRREGULARITIES IN ANY
OF THE PROCEEDII°1GS OR CONTP.ACT THEREFOR; OVERRULINC AT1D DE-
NYING ALL PR.OTESTS AND OBJECTIONS OFFERED; FINDING APdD DE-
TERMINING THAT EACH .A.ND EVERY PARCEL OF PROPERTY ABUTTING
UPON SAID STREET AND HIGHinTAY WITHIN THE LIMITS nEFZI~EJ WILL
BE SPECIALLY BENEFITED AND ENHAIQCED IN VALUE IN EXCESS OF
THE AMOUNT OF THE COSTS OF SAID IMPROVET!IENTS PROPOSED TO BE
AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR T1I3 PAYMENT OF
.A PORTION OF THE COSTS OF IMPROVING SAID STREET AND HIGHWAY
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 PAYi~'iENT THEREOF, AND PROVIDING FOK
2'H.E MANNER AND METHOD OF SAID PAYMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
SECTION 1. The City Council of the City of Paris,
Texas, finds:
(a) That the City Council of the City of Paris has
heretofore, by ordinance duly enacted on the 22nd day of
October, 1979, determined a necessity for and ordered the im-
pr-ovem.ent of portions of the following street and highway,
to-TWit :
State Higheaay 24, from the North Boundary Line of
Evergreen Street, Southerly 5,900 feet to the South
City Limit Lire.
within the limits therein defined and in the manner and accord-
ing to t'ne plans and specifications therefor prepared by the
5tate Department of Highways and Public Transportation, which
plans and specifications have heretofore been approved and
adopted by said City Council.
(b) That a notice 3uly executed in the name of the City
of Paris, Paris, Texas, of tne enactr.►ent of said above described
ordinance has been heretofore iiled with the County Clerk of
Lamar County, Texas, the county in which said City o'L Paris is
situated, on the 25tn day of February, 1980.
(c) That said City Council has ordered and authorizeci
said improvements.
(d) That the City Council caused the City Engineer to
file estimates of the costs o~ such improvements and estimates
of the amount per front foot proposed to be assessed against
the property abutting said street and highway 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 8th day of
June, 1981, provide for and order a hearing to be held at
7:00 o'clock P. M., on the 13th day of July, 1981, in the
City Council Room, City Hall, Paris, Texas, at which time
and place all persons, firms, 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 due notice of such hear••
ing in the manner required by law.
(f) That after due publication of notice, as required
by law, on the 13th day of July, 1981, at 7:00 o'clock P.M.,
said hearing was opened and held in accordance with said
ordinance and notice, at wlzich 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 tirne the following appeared and testified as follows:
Richard Babb, Interim City Engineer of the City of
Paris, briefly described the improvements constructed and
explained the method of apportionment of the costs of such
improvements 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 con-
tained 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 degree 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 improvements in an amount greater than the
assessments against such properties.
(g) That at said hearing the following property owners
were present and offered objections or testimony as to said
improvements, contract or assessments therefor, or as to pro-
ceedings with reference thereto:
(1) Weldon Houchins objects to assessment for curb
and gutter because it is not located on his property and
is located on Highway right of way.
(2) Don Wilson objected to the price charged the
City for the curb and gutter,
(3) Barney Bray III objects to the price charged
the City for the curb and gutter and says that the same
is approximately $3.00 per foot too high.
(4) That the City Council has heard all persons
who appeared and desired to testify, object or pro-
test 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 as-
sessed 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.
(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 di-
rected the City Attorney to present an ordinance incorporating
the findings of the City Qouncil,
(i) That based on the evidence, matters, objections and
testimony considered at such hearing the City Council has deter-
mined that the properites, and each and every parcel of such
property abutting upon the street and highway and units as
hereinafter set out, wi11 be 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 highway 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 follow-
ing 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 evidence
considered 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 ob-
jections 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 proceedings, said hearing granted to the real and true
owners of properties abutting upon said street and highway
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 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 heard in reference to each and every parcel
of property abutting upon the street and highway and units
hereinafter set out that the enchancement in value to accrue
to said property and the real and true owners thereof by
virtue of the construction of said improvements in said por-
tions of said street and highway 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 burdens 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 con-
tracts heretofore had with reference to said improvements are
in all respects, regular, proper and valid, and that all pre-
requisites 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 herein 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 highway and units, including the said partions
of said street and highway and units hereinbelow set out, which
ordinance was passed, as aforesaid, on the 22nd day of October,
1979, 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 and highway 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 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 said properties be correctly
described herein, 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 frontage, such amount so assessed shall constitute
a lien against the entire property abutting the paving actually
constructed 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 highway and units therein set out, which are
included in said ordinance enacted on October 22, 1979, 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, highway or unit 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 th e improvements or by the assessments therefor
in any other of said units. The onunission of the improvements
in any of said streets, highways 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, highway or unit in front of any
parcel of property exempt from the lien fo such assessments,
or against which a valid property assessment cannot be levied,
shall in no wise affect or impair the validity of the assess-
ments against the other properties in such unit.
Section 6. The costs of said improvements shall be
paid as follows, to-wit:
(a) The costs of the curb and gutter, in the approximate
amount of $7.70 per front foot, assessed on a front foot basis,
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 ex-
cess of the benefits to such property in enchance value thereof
by means of such improvement. 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 install-
ments as follows: When the improvements herein ordered for the
street and highway designated above and portions thereof have
been completed and accepted by the City of Paris and the State
Department of Highways and Public Transportation, the amount of
the assessment against each property abutting thereon and the
real and true owner thereof 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 of Paris and
the State Department of Highways and Public Transportation,
together with interest on each installment from said date of
acceptance until paid at the rate of six per cent (6Q/o) per
annum, payable annually; provided, however, that the owners
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 installment,
together with the interest accrued thereon to the date of pay-
ment. Further, if default be made in the payment of any of
said installments of principal or interest promptly as the same
mature, 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 in-
curred, shall be and become immediately due and payable.
(b) That all of the remaining costs of the improvements
to said street and highway shall be paid by the City of Paris
and the State of Texas in accordance with an agreement made the
28th day of November, 1979, between the City of Paris and
the State of Texas, which was authorized by City of Paris,
Paris, Texas, Resolution No. 1934, and State Department
of Highways and Public Transpartation Minute Order
No. 75534, dated March 26, 1979.
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, invalidity
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
and highway above set out, and the real and true owners or
owners thereof, are the same, or less than, the estimate of
said assessments prepared by the City Engineer and approved
and adopted by said City Council, and are in accordance with
the proceedings of said City relative to said improvements
and assessments thereof, and with the terms, powers and pro-
visions of Article 1105b of Vernon's Texas Civil Statutes,
and the Charter of the City of Paris, under which terms, pro-
visions and powers of said statute, said improvements and
assessrnents were had and made by said City Council.
Section 8. This ordinance shall become effective immedi-
ately upon passage,
Passed and adopted this 13th day of July, 1981.
-
nett, Mayor
ur
4i~eB
ATTEST:
H. C. re ne, City Cler
APPROVED AS TO FORM:
T. K. Haynes, City Attorney