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2070 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 2070 AN ORDINANCE CLOSING THE HFARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN THE CITY OF PARIS., TEXAS, WITHIN THE LIMITS HEREINAFTER DFFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPIIRTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVFMENT OF SAID STREET LVITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIFS OR IRREGULARITIFS IN ANY OF THE PROCEEDINGS OR CONTRACT THERE- FOR; OVERRULING AND DENYING ALL PROTFSTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN FXCFSS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PROPOSED TO BE AND AS ASSFSSED 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 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 OF PAYMFNT THEREOF, AND PROVIDING FOR THE MANNER AND ME- THOD OF SAID PAYMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: SFCTION 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 February, 1971, determined a necessity for and ordered the improvement of portions of the following street, to-wit: 20th Street, N. E., from a point 6 feet South of the South Ea.st Corner of Lot 5, City Block No. 227-E, in a Northerly direction approximately 433 feet to the North East Corner of Lot 10, City Block No. 227-E. within the limits therein defined and in the manner and according to the plans ard 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 12th day of February, 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 cf the costs of such improvements an d 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 or dinance duly enacted on the 13th day of December, 1971, provide for and order a hearing to be held at 7:00 o'clock P. M., on the lOth day of January, 1972, in the City Council Room, City Hall, Paris, Texas, at which time an d place all persons, firms, corporations and estates owning or claiming any such abutting pro- perty, or any interest therein, an d 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 lOth day of January, 1972, 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 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 constructed an d explained the method of apportionment of the costs of such improvements between the City of Paris, the Texas Highway Department 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 an d advised the Council of the respective values of the improvements 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 pro- perties. (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) None (2) That the City Council has heard all persons who appeared and desired to testify, object or pro- test 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 assesse3 against said abutting property, and has heard all parties appearing and offering testimony, together with all objections and protests rela- tive 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 pro- test or objection or to offer testimony, and has fully examined and considered all of said evi- dence, matters, testimony and objections offered. (h) That the City Council did consi der 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 Attprney to present an ordinance incor- porating the findings of the City Council. (i) That based on the evidence, matters, objections and testimony considered at such hearing, the City Council has determined thatthe properties, and each and every parcel of such property abutting upon the street and units as hereina.fter 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 an d the real and true owners th er 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 Councal 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 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 thex eto 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 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. 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 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 will be in excess of th e 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, consider- ing 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 of Paris; and further finds that all pro- ceedings and contracts heretofore hade 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 de- scribed, 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 com- pliance 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 units, including the said portions of said street and units hereinbelow set out, which ordinance was passed, as afore- said, on the 8th day of February, 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, an d the Charter of the City of Paris, th ere shall be, and is hereby levied, assessed an d 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 itemized opposite the description of the respective parcels of said pro- perty, 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 con- structed 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 Sectio n 4, above, are for a portion of the costs of said improvements in the street and units therein set out, whic h are included in said ordinance en- acted on February 8, 1971, and the assessments for the improve- ments in said units are 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 improvements 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 prop erty 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 valida.ty of the assessments against the other properties in such unit. SDCTION 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 $2.75 for 24" x 6" and $3.75 for 48" x 6" 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 accord- ance 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 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 improvements herein ordered for the street desig- nated above and portions thereof have been completed and accepted by the City of Paris an d 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 pa yable 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, to- gether 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, how- ever, that the owners of any of said property shall have the privilege of paying all or any of said in- stallments at any time before maturity thereof by pay- ing the total amount of the principal of such install- ment, 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 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. (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 agreement between the City of Paris and the State of Texas acting through the Texas Highway Department. SDCTION 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, 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 amount of any assess- ment, or in any other matter or thing, shall not in anywise in- validate or impair any assessment levied hereby, an d 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 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 s,aid im- provements and assessments thereof, and with the terms, powers and provisio ns 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 im- provements and assessments were had and made by said City Council. Passed and adopted this lOth day of January, 1972. Elllliz) 1 . . ~ H. C. Greene, City Clerk ~ AP OVED AS FORM: T. K. aynes ity Attorney N F~ I W I ~ F-~ R u c+ ~ C+ ~ ~ tn + O ~ ~ C ~ Q. ! 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