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1999 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREETS IN COPORDINANCE NO. 1999 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE RF~L- AND TRUE OWNEFZS OF PROPERTY ABUTTING UPON CERTAIN STREETS IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HER EINAFTER DEFINED, AS TO SPBCIAL BENF.F'ITS TO ACCRUE TO SAID PROPERTY AND THE RFAT" AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDI- TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJFCTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVF.FZY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DE- FINED WILL BE SPECIALLY BBNEFITED AND ENHANCED IN VALUE IN EXCFSS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PRO- POSED TO BE I3ND AS ASSFSSED AGAINST SAID PROPNRTY AND THE RFAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF IMPROVING SAID STREETS WITHIN SAID LIMITS DEFINE,D, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, FIXING THE MANNER AND TIME OF PAYMENT THFREOF, AND PROVIDING FOR THE MANNER AND METHOD OF SAID PAYMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: SDCTION l. 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 April, 1970, determined a necessity for and ordered the improvement of portions of the following streets, to-wit: 18th Street, N. W., from the North Bound.ary Line of Graham Street to the South Boundary Line of Shiloh Street, and Shiloh Street, from the Ea.st Boundary Line of 18th Street, N. W. to the East Boundary Line of 19th Street, N. W., including a small parkway therein. within the limits therein defined and in the manner and according to the plans and specifications therefor, w'nich 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 Countv Clerk of Lamar County, Texas, the county in which (d) That the City Council caused the Director of Public Works to prepaxe 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 streets 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 14th day of December, 1970, provide for and order a hearin g to be held at 7:00 o'clock P. M., on the 11th day of January, 1971, in the City Council Room, City Hall, Paris, Texas, at which time and place all persons, firms, corp orations and estates owning or claiming any such abutting pro- perty, 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 11th day of January, 1971, at 7:00 o'clock P. M., said hearin g was opened and held in accordance with said ordinance and notice, at which time and place an oppor- tunity was given to all of the above mentioned parties and their agents and attorneys to be heard or offer evi- dence as to all matters in accordance with said ordinance and notice, at which time the following appeared and tes- tified 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 oDsts 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 con- tained proposed rates to be assessed against the abuttin g property and its owners and the estiznated total amount of the wnole 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 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 bv the buildinq of said improvements in an amount That at said hearing the following property owners were (g) present and °ffaacbs eor1assessmentslthexefor,ooraas improvements, cont to proceedings with ref erence thereto. (1) Hugh Whitaker Mrs. Mary M. West Smart Mrs. Elzie Lee Mitchell (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 va- lue 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 paY- ties 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 proceed- ings 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 -N'h;Pntion or to offer testimony, and has fully (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 or dinance 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 streets and units as hereinafter set out,has been enhanced in value and specially benefited by the construction of such improve- ments in an amount in excess of the amount of such im- provements proposed to be, and as hereinafter assessed against each of said parcels of property abutting upon said streets 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 assessments against corner properties, so as to produce a substantial equality of benefits received and burdens imposed. Lot 5, Block 238, owned by J. A. Chennault, is only enhanced $254.75. Lot 4, Block 9, Westside Addition, owned by Curtis Boswell, is only enhanced $52.48. And the City Council has further found upon the evidence considered that the assessments hereinafter made and the o~ , 1 1- 1 - - ~ - - 4 a ..1.,,++4 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 streets 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, ard 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, except as speci- fically recognized herein. SECTION 3. The City Council hereby finds and determines upon the evidence heard in reference to each and every p arcel of property abutting upon the streets 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 streets will be in excess of the costs of said improvementsmade, except herein stated and as herein assessed against said abutting properties and the real and true owners thereof; an d 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 there- by, 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. SDCTION 4. In pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvement of said streets and units, including the said portions of said streets and units hereinafter set out, which ordinance was passed, as aforesaid, on the 13th day of April, 1970, 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 itemized SECTION 5. The assessments levied in Section 4, above, are for a portion of the costs of said improvements in the streets and units therein set out, which are included in sai d ordinance en- acted on April 13, 1970, 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 streets or units described 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 orLm.its 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 parti- cular 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. SDCTION 6. The aDsts 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 excavation, base preparation and paving all other portions of the streets 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, and of installation of curbs and gutters. The remaining costs of all such improvements ahall be paid by the pro- perty abutting such portion of said streets and the owners thereof. (b) The remainder of the costs of such im.provements s.hall 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 assessments shall be made against any abutting property or the real and true owner thereof for costs in excess of the benefits to such pro- perty in enhanced value thereof by means of such improve- ments. The amounts of such assessmeni.s shall constitute a first and prior lien upon all such properties an d a personal liability of the real and true owners thereof, - - -4- r-,m,,,a „r.+ a„H chall be navable in City, together with interest on each installment from said date of acceptance until paid at the rate of six per cent (6176) per annum, payable annually; provided, however, that the owner 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- ments, 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 become due, 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. 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, notwith- standing such owner or owners may not be named or correctly named, and any irregularity in the name of the property ownex, or the description of any property or the amount of any assessment, or in any other matter or thing, shall not in any- wise invalidate or impair any assessment levied hereby, and any such mistake, or error, invalidity or irregularity, may be, but is not required to be, in order to be enforceable, correct- ed 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 streets 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 accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers and provi- sions 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 improve- ments and assessments were had and made by said City Cou.ncil. Passed and adopted this llth day of January, 1971. B. M. Felty, Mayor K~ ~ fi ~ , . . , , . ; • ; ; ! , ; ~-----~-----I ~ ; . _ _ - . ~ V_'' i , 1n ID 1 c) ' ) ~ ' ~ ~ ~ ~ ;U i~" ~a? U , ' ~ I . , ~ ~ , ' ~ : ( ~ ~ , ^ ~ `.1 l. I ' j~ i: . 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