2212 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROERTY ABUTTING CERTAIN STREETS IN COPORDINANCE NO. 2212
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON CER -
TAIN 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 IMPROVEMENTS OF SAID STREETS
WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR
IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACTS
THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH
AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS
WITHIN THE 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
STREETS 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 THERE-
OF, AND PROVIDING FOR THE 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, Paris,
Texas, finds:
(a) That the City Council of the City of Paris has heretofore,
by ordinance duly enacted on the 8th day of January, 1973, determined
a necessity for and ordered the improvement of portions of the
following streets, to-wit:
(1) West Brame Street,
Line of 25th Street,
851 feet to the West
Block C, and Lot 17,
Addition.
from the West Boundary
S. W. , West approximately
Boundary Line of Lot 8,
Block D, Porter's Second
(2) West Sherman Street, from the West Boundary
Line of 25th Street, S. W. , West approximately
861 feet to the West Boundary Line of Lot 13,
Block A, Porter's First Addition, and Lot 1,
Block C, Porter`s Second Addition.
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 18th day of January, 1973.
(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 amount 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 February, 1975,
provide for and order a hearing to be held at 7:00 o'clock P. M. , on
the lOth day of March, 1975, 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 lOth day of March, 1975, 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 no-
tice, at which time the following appeared and testified as follows:
The Director of Public Works of the City of Paris,
Ennis Killingsworth, Jr. , briefly described the improvements
constructed and explamed the method of apportionment of
the costs of such improvements between the City and the
abutting property and the owners thereof.
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.
The City Manager, Kerry R. Sweatt, testified and ad-
vised the Council of the respective values of the improve-
ments 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,
contracts or assessments therefor, or as to proceedings with
reference thereto.
(1) Mrs. Robert Bailey
(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 di -
rected the City Attorney to present an ordinance incorporating the find-
ings of the City Council.
(i) That based on the evidence, matters, objections and
testimony 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 improvements proposed
to be, and as hereinafter assessed against each of said parcels of pro-
perty abutting upon said streets 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 following 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 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 proceed-
ings, said hearing granted to the real and true owners of properties
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, 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 streets and units hereinafter set out that the enhance -
ment 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 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 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 accord-
ance 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 improvements are in all respects, regular,
proper and valid, and that all prerequisites to the fixing of the assess-
ment 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
streets and units, including the said portions of said streets and units
hereinbelow set out, which ordinance was passed, as aforesaid, on the
8th day of January, 1973, and in pursuance of said proceedings hereto-
fore had and enacted by said City Council in reference to said improve-
ments 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 par-
ticular 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 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 herein-
below 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 streets and units
therein set out, which are included in said ordinance enacted on
January 8, 1973, 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 or unit described in said ordinance, if
any; and in levying said assessments the amounts so assessed for the
improvements in said unit s: 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 any of said streets or units as a whole shall in no wise affect or im-
pair 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 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 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 installa-
tions, wherever located, if any, all the costs of excavation, base pre-
paration 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 j ust and proper, the City shall also pay all or any part of the
amount of any credited adjustment which may be allowed in the assess-
ment of abutting properties and the owner thereof, as herein provided,
for the cost of excavation, base preparation and paving. The remain-
ing 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 assessments 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 proper-
ties and a personal liability of the real and true owners thereof, whether
correctly 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 completed and accepted by the City of
Paris, the amount of the assessment against each property abutting
thereon and the real and true owner thereof shall be and become pay -
able in five (5) equal annual principal installments, due respectively
thirty (30) days after one (1), two (2), three (3), four (4) and five (5)
y,ears 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, together with the
interest accrued thereon to the date of payment. Further, if default be
made in the payment of any of said installments or principal or in-
terest 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. A11 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 streets above set out,
and the real true owners thereof, are the same, or less than, the esti-
mate 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 assess-
ments 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 lOth day of March, 1975.
~
Ja s M. runete, ayor
ATTEST:
,
H. C. Gre ne, ity Clerk
APP OVE S FORM:
opt
T. K. Haynes, City Attorney