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
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