Loading...
2290 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET AND HIGHWAY IN COPORDINANCE NO. 2290 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CER- TAIN 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 REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET AND HIGHWAY WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DE- NYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET AND HIGHWAY WITHIN THE LI- MITS DEFINED WILL BE SPECLALLY BENEFITTED 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 POR- TION 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 PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF SAID PAYMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PA R IS: 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 13th day of October, 1975, determined a necessity for and ordered the improvement of portions of the following street and highway, to-wit: F. M. Highway No. 1507, from the East Boundary Line of State Highway 19 and 24, East to the East Boundary Line of Paris Independent School District Property, 1. 585 miles. within the limits therein defined and in the manner and according to the plans and specifications therefor prepared by the Texas Highway Department, 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 12th day of November, 1975. (c) That said City Council has ordered and authorized said improvements. (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 re- ference thereto. (1) Mrs. C. M. Morgan, agent for Harry C. Jenkins Estate, stated that upon completion of the project that the clean up of the right of way, including the levelling of the ruts had not been accomplished. Mr. O. O. Hare, agent for Michel T. Halbouty, stated that the Halbouty property was not enhanced, and, in fact, was depreciated by the construction project herein described, and upon questioning by T. K. Haynes, City Attorney, Mr. Hare stated that he did not know the value of the property before the project nor did he know the value of the property after the pro- ject completion. (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 improvements proposed to be assessed 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, invali- dities or irregularities in any of the proceedings and con- tract 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, invalidites 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 highway and units as hereinafter set out, will be enhanced in value and specially benefitted 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 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 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 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 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 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, whe- ther 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 enhancement 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 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 bene- fits 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 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 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 portions of said street and highway and units hereinbelow set out, which ordinance was passed, as aforesaid, on the 13th day of October, 1975, 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 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 herein- after 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 de- scribed herein, or not, the several sums of money hereinbelow men- tioned 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 ad- justed by said City Council, being as follows, to-wit: ~ ~ O (1) 4, ~ ~ N ~ ~ CC O O CC3 ~ 4-) O i H N U ~ O ~ 06 ~ ~ cti y ~ O Q n N 0 ~ ~ ~ di az~.° H U O W ~ ~b U A z0Ux p-' o W E U) . ~ 4-1 N i~ O c~fl ~ ~ ct wa ~ W ~w°a ~ ~ m ~ ~ O O l~ m ~ t O ~ O O 06 ~ i O i O O i!') cY) '--a o. r-. N ~ ~ ~ N i ~ ~ O O 06 ~ i O i ~ d0 ~ N 0 ~ N ~ O cy~ 0 N i ~ ~ O O ~ ~ i O i n O C+~ 0 N 0 ~ N O LO N O N ~ ~ ~ O O ~ ~ ~ O i O ~ N O N 0 r- N O) O U~ m ~ i ~ i O O 06 ~ i O i O O 16I m ~ 0 ~ N O O ~ co ~--i i ~ i O 06 ~ i O i O O Lf~ m ~ 0 r- N \0 'IT lf~ m ~ i ~ i O O ~ ~ ~ O i ~ d~ m ~ 0 N N \C lf~ O ~ i ~ ~ O 06 ~ i O i N ~ ll~ O ~r 0 ~ N O O ~ O ~ i ~ i O O 06 ~ i O i O O Ln O ~ 0 r- N ~ 00 O ~ ~ O N r-i ~ ~ O O 06 ~ O NT+ 06 -i ~ ~ ~ m 0 ~ N ~ ~ ~ ~ ~ c~ i ~ i O O 00 ~ i O i ~ rn ~ ~ CY) o~ r-I N ~ ~ di d~ ~ i ~ i O O ~ ~ i O i Lr) d~ ~t+ ~r 0 ~ N ~ 0 ~ O O O ~ O O\ Cr O W ~ ~ p ~ N O O O N 0 O O O Lr~ in O O O O O c'~ N oo ~t' ~o v) O r- Vn ~n Ur) Ln tn co ~ - U T' d U m ~ co ~ .r o a~ a~ 4-1 ~ ~ ~ 0 o c o ~ a~ a~ ~ ~W c~ o u ~ ~ 0 ~~~4-1 c~'~~~y o~U~ ~~tw~ oa) ~UoCtt~o~bo~~ 'o~~~~,o r t-q ct 4 m m 2 ct ~-4 N ~-4 ~ ~ N N U~ d+ .~cri ~N 5r~ >U ~ ~ 4-1~zU ~ y~ o ~ ~~ww.~w ~ ~wWw~w ~w ~°w ~.C) 3 ~ 0 0 Ln ~ o\ U A,r, ,_r, r ~r, o►- a) o~ ln Q) m O cd-,a)m ~-4Lo ;:lp ~p • -1 cC,_..i 9m N 5 ~0 v~.acq 4-1 C-4m~~r~~rZrrWt--W~npq~ ~ a) O bA bA b0 bA bA bA bA bA bA bA I~.O ~ cd cC ct cd cd ct cd cd cti m cr3 ~ N N N N N N 0 0 N N N ~ z z z z z z z z z z z ~ x ' ~ ~ U ~ ~ O ~ ~ ~ ~ w X W n ~ ~ m ~I ~ ~ I~ ~ I~ ,N~ tn 4i in . 1~ 4 l~ a , n w .o a .fl r-+ w ~r a .fl a •fl a .fl ,n .o m t- oo 06 ~1+ 0 ~ ~ ~ i O O 06 ~ i O i n ~ 06 O ~ OI ~ N ~ ~ v+ (,o ~ r- 0 Cf) 0 U~ ~ ~ zcd ~z r--q -4 w ~ ~ 00 ~ 0 ~ O~ F--j ~ O ~ W uo U ~ OW > 0 z Ux w ~ o~ ~ W ~Woa ~H~ ~ cn ~ W N A N O 0 (L) o 4~ U) r, cc m 00 cd Q) N r--i OC) ~ N O O H ~ ~ ~h N ~ a O o O 0 06 06 Cd i ui Q N m ~ O ct 4~ 0 m It ~ ~ OC) O ~ a~ U O O ~ N~ N ~ ~ a~ ~ ~ ~ ~J N N o~ • ~ ~ ~ U ~ U ~ c/~ O ~ ~ U y ,(D~ ~ U ~ O `V U OE Z. ~ 0 . ' ~ 7:1 b ~ w W U o 0~ 0~ 00 00 0I 00~ ml N ~ ~ co --i N ~ ~ C~ 1.0 N! leI cn I ~ ~ ~ O • ~ N O m d ~ C'o C'r) tf'~ ~ OI OI OI O O 0 O O O O O 06 :)6 06 06 06 06 ~ ~ n di .--i ~ ~ N ol 1- N ol ~ N 0 ~ N O ~ ~ O ~ O 0 ~ ~ 00 N Lf~ C7\ 4 ~ I~ O`- dy 1-n d~ ~ ~ tn ~ O' ~ ~ O 0 06 N i ~ O ~ tn 000 m eo ~r 00 0 N N N U'~ O ~ ~ O O ~ ~ ~ O O ~ ~ t~ ~ ~ N t!~ C'o 'IT Vo m --i cv oo co r- •o O co N cc O bjp O U~ b0 Q ] p•~ ~ 'C~ 1~ N C/1 C/ ~ ~ O ~ om C~ Q) a ~cd Cdcda) °v~o v~ ~ ~C 'd co 0 O cd ~ ~ cti N 4 O O ~ u~ ~C'4 •r -s4 a~ 03 v~ ~ ~ a ~ ~ CO,Q)vr m u~ ~ ° D,°C ~ o•o ~ p'~°o~~ ~ O u ~x~a.;aNa,a.a~r4U ~ ~ ~ lf~ ~ .-I ~ N OI O m N 00 \0 0 ~ m U") ~r+ c~ ~ 0 0 N I N i O ~ 00 ~I ~I ~ N 0 r- N i O i ~ di O O ~ w w 00 00 00 00 ^-i " 1 w 00 "0 00 \C 00~ ~ ~~~N .o W ~ OC) \0 in oo .0 m r-+ N N i~ ~ c o 2 ~ bQ . ~ r o : ~ ~ ~ N ~ U N ~ ~ Cd 4~ ~ m ~ ~ a~ bA O ~ i ~ ~ b (D ~ ~ 0 U di 00 N en tn ~ ~ 4 co n ~ 00 N 1- O" Lr~ cri Q) 4-1 H ~ ~ H ~ w ~ O z ~ I-~ O J-, ~ H ~ Q 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 13, 1975, 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 the improvements or by the assessments therefor in any other of said units. The omission 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, high- way 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 costs of the curb and gutter, in the approximate amount of $2. 70 per center line front foot, assessed on a front foot basis, shall be assessed against the respective abutting pro- perties and the real and true owners thereof in accordance with the statutes of Texas and the Charter of the City of Paris herein re- ferred to. No assessment shall be made against any abutting pro- perty or the real and true owner thereof for costs in excess of the benefits to such property in enhance 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 installments as follows: When the im- provements herein ordered for the street and highway designated above and portions thereof have been completed and accepted by the City of Paris and the Texas Highway Department, 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 (5) years from the date of acceptance by the City of Paris and the Texas Highway Department, together with interest on each installment from said date of acceptance until paid at tiie rate of six per cent (6%) 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 payment. 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 en- tire 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. (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 14th day of May, 1974, between the City of Paris and the State of Texas, which was authorized by City of Paris, Par.is, Texas, Resolution No. 1613, and Texas Highway Commission Minute Order No. 65668, dated December 1, 1971. 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. 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 owner or owners thereof, are the same, or less than, the estimate of said assessments prepared by the Department 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 thereof, 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 June, 1976. tes M. runett , Mayor . • A TTEST; ~ ! H. C. Gree e, City C erk ~ APP OV l,~ AS O FORM: T. K. ayries, tty ttorney (d) That the City Council caused the Department of Public Works to 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 street and highway within the li - mits 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 May, 1976, provide for and order a hearing to be held at 7:00 0' clock P. M. , on the 14th day of June, 1976, 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 per- sons 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 hearing in the manner reguired by law. (f) That after due publication of notice, as required by law, on the 14th day of June, 1976, at 7:00 0' 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 appsared and testified as follows : The Director of Public Works of the City of Paris, Ennis Killingsworth, Jr. , explained the method of appor- tionment of the costs of such improvements between the City and the abutting property and the owners thereof. Mr. Richard Stauter of the Texas Highway Department briefly described the improvements constructed. The City Attorney, T. K. Haynes, 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, further explained the project as being within city policy, testified and advised the Council of the respective values of the improvements and the degree to which they enhanced the value of the re - spective 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. Mrs. C. M. Morgan, agent for Harry C. Jenkins Estate, and Mr. O. O. Hare, agent for Michel T. Halbouty, voiced objections as hereinafter stated.