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2035 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 2035 AN OfZDINANCE CLOSING THE HEARING GIVEN TO THE REAI. AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CEFZTAIN STREET IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINA,FTER DEFINED, AS TO SPDCIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNIIRS 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 CONTRACT THERE- FOR; OVERRULING AND DENYING ALL PROTFSTS AND OBJDCTIONS OFFER- ED; FINDING AND DETERMINING THAT EACH AND EUERY PARCEL OF PRO- PERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN FXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVFMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSFSSMENT FOR THE PAYMENT OF A POR- TION OF THE COSTS OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, FIXING THE MANNER AND TIME 0F PAYMFNT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD O.1 SAI D PAYMIIVT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: SDCTION 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 lOth day of May, 1971, determined a necessity for and ordered the improvement of portions of the following street, to-wit: 27th Street, N. W., from the North Boundary Line of Bonham Street to the South Boundary Line of Graham Street. 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 de- scribed 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 19th day of May, 1971. (c) That said City Council has ordered and authar ized said improvements. (d) That the City Council caused the Director of Public Works to prepare and file estimates of the costs of such im- provements and estimates of the amount 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 7th day of June, 1971, provide for and order a hearing to be held at 7:00 o'clock P. M., on the 12th day of July, 1971, in the City Council Room, City Hall, Paris, Texas, at which time and place all persons, firms, corporations and es- tates 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 ordi- nance directed that the City Clerk give due notice of such hearing in the manner required by law. (f) That after due publication of notice, as required by law, on the 12th day of July, 1971, 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 off er evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and testified as follows: J. E. Albright, the Director of Public Works of the City of Paris, briefly described the improvements con- structed and explained 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, C. L. Walker, testified and advised 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 im- provements in an amount greater than the assessments against such properties. 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 properties 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, an d 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. SFCTION 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 enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construc- tion 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 assessments hereinafter made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accord.a,nce 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 refer- ence to said improvements are in all respects, regular, proper and valid, an d that all prerequisites to the fixing of the assessment liens against said abutting properties, as herein- after 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. SBCTION 4. In pursuance of said ordinance duly enacted by said City Council authorizing and orderin g the improvement of said street and units, including the said portions of said street and units hereinbelow set out, which ordinance was passed, as afore- said, on the lOth day of May, 1971, 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 set out and within the limits below defined and against the real and true owners of such pro- perty, 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 item- ized 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 consti- tute 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: SDCTION 5. The assessments levied in Section 4, above, are for a portion of the costs of said improvements in the street and units therein set out, which are included in said ordinance en- acted on May 10, 1971, and the assessments for the improvements in said unitsare in no wise related to or connected with the improvements or assessments in any other street or unit de- scribed in said ordinance, if any; and in levying said assess- ments 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 im- provements in any of 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 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 excava- tion, base preparation and paving within street inter- sections, and not less than one-third of the costs of ex- cavation, 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 pro- perties and the owner thereof, as herein provided, for the cost of excavation, base preparation and paving. The remaining costs of all such improvements shall be paid by the property abutting such portion of said street and the owners thereof. (b) The remainder of the costs of such impro vements shall be assessed against the respective abutting properties and the real and true owners thereof in accordance witiz the statutes of Texas and the Cl7arter of the City of Paris herein referred to. No assessments shall be made against any abutting property or the real and true owner the reof 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 install- ments as follows: When the improvements herein ordered for the street designatedabove 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 payable in five (5) equal annual principal in- stallments, 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, together with interest on each installment from said date of accept- ance until paid at the rate of six per cent (67o) per annum, payable annually; provided, however, that the WZ WG* WW'~ N N rZ rVo r r r r-~ r Oo N• ~v • r O %o Oo v . tn • O+ W N r+ O %D 'd 'O 'O 'C r* r* K ft 0 o O p M M 1-f1 1-ti I'd 9 ~ r OD W 00 00 00 00 OD N N N N N N IV N C'~ V W W W W W ~ rt ~ fY V~ N ~A V~ tA tA tA U~ f~ iA 4~ ~ ~ n•~ K K n ~ n►~ ~ M ~ ~ n a; m w ao 0o m m ao ~ rA 03 ~ ~ ~ t ~ N C~ Ki ht! 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