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1805 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1805 . AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINAFTER DE- FINED, AS TO 5PECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVA- LIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CON- TRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS 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 EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVE- MENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PRQPERTY AND THE REAL AND TRUE OWNERS THEREOFg AND LEVYING AN A5SESSMENT FOR THE PAYMENT OF A PORTION OF THE COST5 OF IM- PROVING 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 PAYMENT THEREOF„ AND PROVIDING FOR THE MANNER AND METHOD OF SAID PAYMENT, BE IT QRDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: SECTION 1. The City Council of the City of Parisy Texas, finds: (a) That the City Council of the City of Paris has heretofore, by ordinance duly enacted on the 12th day of September,, A. D., 1966, determined a ne- cessity for and ordered the improvement of portions of the following streets to -wit: (1) Plum Street, from the W. B. Line of 19th Street, N. W. to the E. B. Line of 24th Street, N. W. within the Iimits 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 Gouncil. (b) That a notice duly executed in the name of the City of Paris, Texas, of the enactment of said above described ordinance has been heretofore fi],ed with the County Clerk of Lamar County, Texas, the county in which said City of Paris is situated, on the 15th day o£ September, A. D. , 1966. (c) That said City Council has ordered and authorized said improvements. (d) That the City Council caused the Director of Publ.ic Works to prepare and file estimates of the costs of such improvements and estimates of the amount per 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 did9 by ordinance a._,__ ..~.,..+,.,a +1,_ 1 n+I, An- nf (l~tnhar_ A_ n_ - 1966_ UY'OV1dE fOT and order (f) That after due publication of notice9 as required by law, on the 7th day of November9 A. D., 1966, at 7:00 otclock 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 agents and attorneys to be heard or offer evidence as to al,l. matters in accordance with said ordinance and notice, at which time the following appeared and testified as follows: Richard Babb, the City Engineer of the City of Paris, briefly described the improvements proposed to be constructed 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 pub- Iished 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 that a copy of the notice had been mailed to the abutting property owners. The City Manager, H. C. Kennemer, testified and advised the Council of the respective values of the improvements and the degree to which they en-. hanced the value of the respective abLtting property owners, and that, in his opinion, the abutting properties, and each of them, would, if said street were improved, in accordance with the contract and plans and speci- fications, be enhanced in value in an amount greater than the proposed assessments against such properties. (g) That at said hearing the following property owners were present and offered objections or testimony as to said improvements,, contractsp 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 protest 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 assessed against said abutting property, and has heard all parties appearing and offering testimony, together with a11, objections and protests relative to such matters and relative to any errors, invalidities, or irregu- larities in any of the proceedings and contract for said improve- ments, and has given a full and fair hearing to all parties making or desiring to make any such protest or objection or to offer testi- mony, and has fully examined and considered all of said evidence, matterss testimony, and objections offered. (h) That the City Council did consider and correct all errorsa invalidi- ties, or deficiencies call.ed to its attention and did find that al], proceedings and contracts were proper and in accordance with the laws under which same are being had and with the directives of said City Council in reference to such improvementsy and that the same are, in all respects, valid and regular, as corrected. The Mayor announced that the hearing was closedp and directed the City Attorney to prepare an ordinance incorporating the findings of the City Council when made. (i) That based on the evidence, matters, objections, and testimony con- sidered at such hearing, the City Council has determined that the proper- ties, and each and every parcelcf such property abutting upon the street and units as hereinafter set out will be enhanced in value and specially benefited by the construction of such improvements in anan-cxznt 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 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 pro- perty within the same unit; and the City Council has determined to appor- tion and assess the costs on the Front Foot Plan or Rule, except in the following situations and adjustments in assessments against corner proper- ties, 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 5ECTION 2. There being no further protests or testimony for or against or in reference to said improvementsp benefits9 or proceddings, said hearing granted to the real and true ownerscd properties abutting upon said street within the limits and units herein defined, and to aXl persons, firms., cor- porations, and estates, owning or claiming same or any interest therein, shall be, and 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. SECTION 3. The City Council hereby finds and determines upon the evi- dence 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 the costs of said improvements proposed to be, 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 hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens im- posed 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 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 de- scribed, and the personal liabiLity of the real and true owners thereof, whe- ther named or correctly named herein or not, have been in al.l things regu- larly had and performed in compliance with the law and the proceedings of said City Council. SECTION 4. In pursuance of said ordinance duly enacted by said City ounci authorizing and ordering the improvement of said street and units' including the said portions of said streetand units hereinbelow set out, which ordinance was passed, as aforesaid, on the 12th day of September, A. D. , 1966, and in pursuance of said proceedings heretofore had and enacted by said City Councin 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 1105b9 Vernonss 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 described and abutting upon the said street and units hereinafter set out and within the Iimits 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 description of such property9 the number of front feet of eachs and the amount assessed against the same and the real and true owners thereofy and where the amount so assessed against the corner properties has been computed by adjusting the frontage, such amount so assessed sha],1, constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of frontage W. Plum Street: FINAL ASSESSMENT ROLL STREET IMPROVEMENTS From the W BL 19th N, W. to the EBL 24th N. W. 'T White Rock Base and Double Asphalt Penetration Cost per Total Lot Block Additi on Owner F. F. F. F. Est, Cost 12 10 W estside P. M. Jackson 50 $0.94 $ 47.00 11 10 " P. M. Jackson 50 " 47.00 10 10 " L, A, Merritt 50 " 47.00 9 10 " L. A. Merritt 50 " 47.00 8 10 L. A. Merritt 50 " 47.00 7 10 " L. A. Merritt 50 " 47.00 12 11 " L. S. Roberts 50 " 47.00 11 11 " L. S. Roberts 50 " 47.00 10 11 " L. M. Mowery 50 " 47.00 9 11 " L. M. Mvwery 50 " 47.00 8 11 " Sidney Lenoir 50 " 47.00 7 11 " Sidney Lenoir 50 " 47.00 12 12 " Dorcy Mackey 50 " 47.00 11 12 " Dorcy Mackey 50 " 47.00 10 12 " Dorcy Mackey 50 " 47.00 9 12 " W.W. W right 50 " 47.00 8 12 " W. W. W right 50 " 47.00 7 12 " W`W, W right 50 " 47.00 6 13 " Vo D, Mathews 60 " 56.40 5 13 " V, D. Mathews 50 " 47.00 4 13 " . V.D. Mathews 50 " 47.00 1 302 - Clyde Mahan 203. 5 " 191.29 6 242 - P, M. Jackson 495 " 465.30 7 242 H.E. Awbrey 204 " 191.76 8 242 - Chester S. Crawford 65 " 61.10 14 242 Maedell Chewning 250 " 235.00 16 242 - E. F. Hampton 263 " 247.22 24 242 - Willie Dalton, Jr, 142 " 133.48 TOTAL 2682.5 $2252 i.55 SECTION 5. The assessments levied in Section 42 above= are for a portion o• the costs of said improvements in the street and units therein set out, which are incl.uded in said ordinance enacted on September 122 1966, and the assessments for their~rovements in said units are in no wise related to, or connected with the improvements or assessments in any other of the streets or units described in said ordinance; 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 im- provements 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 or the improvement in any particular street or unit in front of any parcel of property exempt from the lien of such assess- ments, 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 shal.l, be paid as folows, to -wit: (a) The City shall pay all of the costs of drainage installatinns, wherever located, if any, alI the costs of excavation, base preparation and paving with- in street intersections, and not less than one-third of the costs of excava- tion, 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 shalX also pay alI or any part of the amount of any credited adjustment which may be al].owed in the assessment of abutting properties and the owner thereof9 as herein provided, for the cost of excavation, base preparation and paving. The remaining costs of aU 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 improvements 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 assessments 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 not9 and shall be payable in in- stallments as follows: When the improvements herein ordered for the street designated above 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 installments, due respectively thirty (30) days after one (1)., two (2)p three (3)9 four (4)s and five (5) years from the date of acceptance by the City, together with interest on each installment from said date of acceptance until paid at the rate of six per cent (6%) per annum, payable annuall,y; provided, however, that the owner 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 installments, together with the interest accrued thereon to the date r _ - _ ~_I - ' r ' - r- --t.i 1 - - -1 - - ~L - - -'-.i. - t - P SECTION 7. A11 such assessments levied are, and sha1X be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding 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 assessment, or in any other matter or thing shall not in anywise 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, corrected at any time by the City Council of the City of Paris, Texas. The total amounts assessed against the respective parcels of property abutting upon the units or portions of the street above set out, and the real and true owner or owners thereof, are the same, or less than, the esti- mate 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 provisions of Article 1105b of Vernonss Annotated Civil Statutes of Texas, and the Charter of the City of Paris, under which terms, provisions, and powers of said Act said im- provements and assessments were had and made by said City Council. Passed and adopted this 7th day of November, A.D. = 1966. yor ATTEST: _ City Clerk APPROVEDAS TO FORM: ~ City Attorne . ~ li2 Th',? P3r-3 C;_2 l,y`.~. ~ . Frr Qec. 33, Clias