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2048 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTIN ON CERTAIN STREET AND HIGHWAY IN COPORDINANCE NO. 2048 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET AND HIGHWAY IN THE CITY OF PARIS, TExAS, WITHIN THE LIMITS HEREIN- AFTER DEFINED, AS TO SPECIAL BENEF'ITS TO ACCRUE TO SAID PRO- PERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IM- PROVEMENT 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 DFNYING ALL PROTFSTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT FACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET AND HIGHWAY WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENE- FITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMFNTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THERFAF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF IMPROVING SAID STR EET AND HIGHWAY WITHIN SAID LIMITS DEFINED, FIXING A CHAIZGE 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 A1VD METHOD OF SAID PAYMENT. 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 12th day of July, 1971, determined a necessity for and ordered the improvement of portions of the following street and highway, to-wit: U. S. Highway 271, North, North Main Street, beginning North of Loop 286 North, at U. S. Highway 271, North, Station No. 58, and pro- ceeding North approximately 1,672 feet to the North City Limit Line of the City of Paris. within the limits therein defined and in the manner and according to the plans and specific ations therefor pxepared by the Texas Highway Department, which plans and specifi- cations 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 Co.unty, Texas, the county in which said City of Paris is situated, on the 19th day of July, 1971. (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 pro- perty abutting said street and highway within the limits defined, and against the real and true owners thereof. (e) That upon the filing of sai d estimates the City Council did, by cx dinance duly enacted on the 9th day of August, 1971, provide for and order a hearing to be held at 7:00 o'clock P. M., on the 13th day of September, 1971, 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 persons 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 required by law. (f) That after due publication of notice, as required by law, on the 13th day of September, 1971, at 7:00 o'clock P. M., said hearing was opened and held in accordance with sai d ordinance and notice, at which time and place an opportunity was given to all ofthe 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 appeared and testified as follows: Mr. R. S. Chaney of the Texas Highway Department briefly described the improvements constructed. J. E. Albright, the Director of Public Works of the City of Paris 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 hearin g 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. tnTalker, testified and advised the Council of the respective values of the improvements and the degree to whic h 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 buildin g 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. None That the City Council has heard all persons who appeared and desired to testify, object or protest as to the spe- cial benefits in enhanced value to accrue to said abutt- ing 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, 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 be- ing 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 incor- porating the findings of the City Council. (i) That based on the evidence, matters, objections and tes- timony considered at such hearing, the City Council has determined that the properties, and each and every par- cel of such property abutting upon the street and highway and units as hereinafter set out, will be 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 property abutting upon said street and highway and the real and true owners t her eof . (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, ex- cept in the following situations and adjustments in assessments against corner properties, so as to produce a substantial equality of benefits received and burdens imposed. 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 equit- able, and all objections and protests thereto should be overruled and denied. SDCTION 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 and highway within the limits and units herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any in- terest therein, shall be, and the same is hereby closed, and all protests and objections, whether specifically mention ed or not, shall be, and the same are hereby overruled and denied. SDCTION 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 herein- after 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 im- provements 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 accordance with the laws of the State of Texas and the Charter of the City (f 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 proper- ties, 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. SDCTION 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 12th day of July, 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 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 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 hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the de- scription of such property, the number of front feet of each and the amount assessed against the same and the real and true owners thereof, an d 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: SDCTION 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 July 12, 1971, 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, high- way or unit described in said ordinance, if any; and in levying said assessments the amounts so assessed for the impro vements 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, highways or units as a whole shall in no wise affect or impair the validity of the assess- ments in any other of said units and the omission of the im- provement in any particular street, highway or unit in front of any parcel of property exempt .from the lien of such assessments, or against which a valid property assessm.ent cannot be levied, shall in no wise affect or impair the validity of the assess- ments against the other properties in such unit. SBCTION 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 $1.81 per center line front foot, assessed on a front foot basis, 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 abutting property or the real and true owner thereof for costs in excess of the bene- fits to such property in enhance value ther eof 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 improve- ments herein ordered for the street and highway desig- nated above and portions ther eof have been completed and accepted by the City of Paris and the Texas Highway Department, the amount of the assessment against each property abuttin g thereon and the real and true owner thereof shall be and become payable in five (5) equal annual principal installments, due respecti vely 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 the 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 in- terest accrued thereon to the date of payment. Further, if default be made in the payment of any of said in- stallments 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 collec- tion 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 9th day of December, 1968, between the City of Paris and the State of Texas, which was au- thorized by City of Paris, Paris, Texas, Resolution No. 1292, and Texas Highway Commission Minute Order No. 60312, dated December 16, 1967. SDCTION 7. Al1 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, notwith- standing 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 aznount of any assess- ment, or in any other matter or thing, shall not in anywise in- validate or impair any assessment levied hereby, and any such mistake, or error, invalidity or irregularity, may be, but is not requir ed 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 Director of Public Works and approved and adopted by said City Council, and are in accord- ance with the proceedings of said City relative to said im- provements and assessments thereof, and with the terms, porcvers and provisions of Article 1105b of Vernon's Annotated Civil Statutes o.f Texas, and the Charter of the City of Paris, under which terms, provisions and powers of said statute, said im- provements and assessments were had and made by said City Council. Passed and adopted this 13th day of September, 1971. . es W. Farris, Mayor ATTEST : H. C. Greene, City Clerk APP O AS O FORM; T. K. ayn , City Attorney 7 ) . - • . ~~.~1 n'~~ i ^ G8~) l r'' I~ ~ nilr T . 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