2483 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREETS IN COP
ORDINANCE NO. 2483 ,
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL
AND TRUE OWNERS OF PROPERTY ABUTTING UPON CERTAIN
STREETS 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 STREETS WITHIN SAID LIMITS,
AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN
ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVER-
RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED;
FINDING AND DETERIVIINING THAT EACH AND EVERY PARCEL OF
PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS
DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN
VA LUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SA ID
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 SA ID STREETS WITHIN SA ID 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
PARIS:
Section 1. 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 August,
1978, determined a necessity for and ordered the improvement of
portions of the following streets, to-wit:
(1) 7th Street, N. E. , from the North edge of pavement
oE East Cherry Street, Northerly 601. 5 feet to its
deadend.
(2) Booth A lley, from the East edge of pavement of
7th Street, N. E. , Easterly 392 feet to the West
edge of pavement of 8th Street, N. E.
(3) Booth Place, from the East edge of pavement of
7th Street, N. E. , Easterly 157 feet to its deadend.
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
ordinance has been heretofore filed with the County Clerk of Lamar
County, 1'exas, the county in which said City of Paris is situated,
on the 21st day of September, 1978.
(c) That said City Council has ordered and authorized said
improvements.
(d) That the City Council caused the D.irector 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 streets 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 December, 1979,
provide for and order a hearing to be held at 7:00 o'clock P. M. ,
on the 14th day of January, 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 hearing in the manner required by law.
(f) That after due publication of notice as required by law,
on the 14th day of January, 1980, at 7:00 0' clock P. M. , said hearing
was opened and held in accordance with said ordinances 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, except that the following properties were only enhanced to
the extent of the amount shown as follows:
Lot Block Owner Amount Enhanced
4 64 Billy & Jane Brown $883.72
2 64 Billy & Jane Brown 846. 75
2 63 Corine Williams 0.00
7 64 -A 1,564.06
H. C. Greene testified that Lots 2 and 4, Block 64, and Lot 7,
Block 64-A had existing pavement, and, therefore, were not subject,
under City of Paris policy, to assessment for re-paving; therefore
their assessments should be for curb and driveways, if any, only,
which reduced the enhanced value as follows:
Lot Block Owner Amount Enhanced
4 64 Billy & Jane Brown $506. 85
2 64 Billy & Jane Brown 504. 78
7 64 -A Vivian Smith 901.05
(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
reference 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 cost of constructing said improve -
ments proposed to be assessed agairst 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 part.ies 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,
invalid.ities 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 C.ity 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 the streets and 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 improve-
ments proposed to be, and as hereinafter assessed against each oE
said parcels of property abutting upon said streets and the real and
true owners thereof.
(j) 11zat the City Council is of the opinion and finds that the
Front Foot Plan or rule would result in j ustice 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 sub-
stantial equality of benefits received and burdens imposed.
Lot 4, Block 64, owned by Billy & Jane Brown, is only
enhanced $506.85.
Lot 2, Block 64, owned by Billy & Jane Brown, is only
enhanced $504.78.
Lot 2, Block 63, owned by Corine Williams, is not enhanced.
Lot 7, Block 64-A, owned by Vivian Sm.ith, is only
enhanced $901.05.
And the City Coulcil 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 specifically covered in Paragraph (f) and this
Paragraph (j ) of 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 streets 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, sha 11 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 streets and units hereinafter set out that the en-
hancement in value to accrue to said property and the real and true
owners thereof by v.irtue of the construction of said improvements
in said portions of said streets 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 oE 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 w.ith ref-
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 sa,id City Council.
Section 4. In pursuance of said ordinance duly enacted by
said City Council authorizing and ordering the improvement of said
streets and units, including the said portions of said streets and
units hereinbelow set out, which ordinance was passed, as afore-
said, on the 14th day of August, 1978, 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 particular reference to Article 1105b,
Vernon's Annotated Civil Statutes of Texas, 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 streets and units here-
inafter 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 descrip-
tion 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 adj usting 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 ad-
justed 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 streets and
units therein set out, which are included in said ordinance enacted
on August 14, 1978, 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
improvements or by the assessments therefor in any other of said
units. The omission of the improvements in 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 im-
provement in any particular street or unit in front of any parcel oE
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 properties in such units.
Section 6. The costs of said improvements shall be paid as
follows, to-wit:
(a) 1he City shall pay all of the costs of drainage installa-
tions, wherever located, if any, all the costs of excavation, base
preparation and paving within street intersections, and not less than
one-third of the costs of excavation, base preparation and paving all
other portions of the streets involved. 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 cost of excavation, base prepara-
tion and paving, and of installation oE curbs and gutters. The re-
maining costs of all such improvements shall be paid by the property
abutting such portions of said streets and the owners thereof.
(b) The remainder of the costs of such improvements 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 oE the real and true
owners thereof, whether correc.tly named or not, and shall be payable
in installments as follows: When the improvements herein ordered
for the streets designated above and portions thereof have been com-
pleted and accepted by the City of Paris, the amount of the assess-
ment against each property abutting thereon and the real and true
owner shall be and become payable in five (5) equal annual principal
installments, due respectively thirty (30) days after one (l~ 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 install-
ments at any time before maturity thereof by paying the total amount
of the principal of such installments, together with the interest accrued
thereon to the date of payment. Further, if default be made in the
payment of any of said installments 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 become 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, invalidity or irregu-
larity, may be, but is not required to be, in order to be enforceable,
corrected at any time by the City Council of the City oE Paris, Paris,
Texas.
The total amounts assessed against the respective parcels of
property abutting upon the units or portions of the streets 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 of Vernon's Annotated Civil Statutes
of Texas, 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.
Passed and adopted this 14th day of January, 1980.
. ~
ichae . Malone, Mayor~
ATTEST:
- _ __City Clerk
H.C.Gren e,
APPROVED TO FORM:
T. K. Haynes, City Attorney