2377 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 2377 .
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 OWN-
ERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET
WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES
OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CON-
TRACT THEREFOR; OVERRUI-ING AND DENYING ALL PRO-
TESTS AND OBJECTIONS OFrERED; FINDING AND DETERMIN-
ING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING
UPON SAID STREET WITHIN 1'HE LIMITS DEFINED WILL 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 TRUE OWNERS THEREOF, AND LEVYING
AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE
COSTS OF IMPROVING SAID STREET WITHIN SAID LIMITS DE-
FINED, FIXING A CHAKGE 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 l. The City Council of the City of Paris, Paris, Texas,
finds:
(a) That the City Council of the City of Paris has heretofore,
by ordinance duly enacted on the 14th day of February, 1977, deter-
mined a necessity for and ordered the improvement of portions of
the following street, to-wit:
West I<aufman Street, from a point 10 feet East of the South
East Corner of Lot 1C, Block 9, Sperry's First Addition, and
from a point 10 feet East of the North East Corner of Lot 6A,
Block 9, Sperry's First Addition, each of which lie in the West
pavement line of 28th Street, S. W. , in a Westerly direction
approximately 396 feet to a point 12 feet West oE the South
West Corner of Lot 3C, Block 9, Sperry's First Addition,
and a point 12 feet West of the North West Corner of Lot 4A,
Block 9, Sperry's First Addition, each of which lie in the East
pavement line of 29th Str.eet, S. W.
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, Texas, the county in which said City of Paris is situated, on
the 25th day of February, 1977.
(c) "Ihat 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 9th day of January, 1978, pro-
vide for and order a hearing to be held at 7:00 o'clock P. M. , on
the 13th day of February, 1978, in the 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 in-
terested 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 13th day of February, 1977, at 7:00 0' clock P. M. , said hearing
was opened and held in accordance w ith said ordinance and notice, at
which time and place an opportunity was given to all of the above men-
tioned parties and their agents and attorneys to be heard or offer
evidence as to all matters in accordance with said ordinance and no-
tice, at which time the following appeared and testified as follows:
The Director of Public Works of the City of Paris,
Ennis I<illingsworth, Jr., briefly described the improve -
ments constructed and explained the method of apportion-
ment of the costs of such improvements between the City
and the abutting property and the owners thereof and
testified that the property had been enhanced in value
equal to or in excess of the amount of the assessment
against each.
The 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, and due to change of owner-
ship after the time of the preparation of the original assess-
ment roll, personal service was given this day to A. C.
Dicken and D. O. Hindman.
The Acting City Manager, H. C. Greene, testified and
advised the Council of the respective values of the im-
provements 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 oE 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 improve-
ments, contracts or assessments therefor, or as to proceedings
with reference thereto:
(1) Calvin Gibson objected on behalf oE himself and
Mrs. Vera C. Moore and stated that his corner lot property
which fronted upon a paved street prior to this project was
not the benefit of the project and that the real beneficiaries
of the project were the constructers of new houses adjacent
to the assessment area.
(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 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 the street 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 oE such improve-
ments proposed to be, and as hereinafter assessed against each of
said parcels of property abutting upon said street 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 tlie 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 assess-
ments 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 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 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 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 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 of 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
irriprovements are in all respects, regular, proper and vali d, 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 autlD rizing and ordering the improvement of said street
and units, including the said portions of said street and units herein-
below set out, which ordinance was passed, as aforesaid, on thel4th
day of February, 1977, and in pursuance of said proceedings hereto-
fore had and enacted by said City Council in reference to said im-
provements and by virtue of the powers vested in said City with re-
spect 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 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 pro-
perties has been computed by adjusting the frontage, such amount so
assessed shall constitute a lien against the entire property abutting
the paving actually constr`ucted 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, ar e
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 February 14, 1977, and the assessments for the improvements
in said units are in no wise related to or connected with the im -
provements or assessments in any other street 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
the improvements 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
improvement in any particular street or unit in front of any parcel
of property exempt from the lien oE 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 unit.
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 installations,
wherever located, if any, all the costs of excavation, base prepara -
tion 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 street 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 pre-
paration and paving, and of installation of curbs and gutters. The
remaining costs of all such improvements shall be paid by the pro-
perty abutting such portions of said street 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 abutr.ing 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 payable in in-
stallments 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 r.hereon 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 (5) years from the date oE acceptance by
the City, together with interest on each installment from said date of
acceptance until paid at the rat:e 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 install-
ments at any time before maturity thereof by paying the total amount
of the principal of such installments, together with the interest acerued
thereon to the date of payment. Turther, 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, arxd shall be, a per-
sonal 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 c;orrectly named, and any irregularity in
the name of the property owne:r, 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 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 im-
provements 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 13th day of rebruary, 1978.
Jlmes M. J3runette, Mayor
A TTEST:
i
, .
H. C. Greene City Clerk
APPROVED,ArS TO FORM:
. I<. aynes, ity Attorney