1878 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO, 1878 0
AN ORDINANCE CLOSING IiE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPUN A CERTAIN STREET IN THE CITY OF
P A R I S, T E X AS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL
BENEFITS TO ACCRUE TO SAID PROPERTY A N D T H E R E A L A N D T R U E O W N E R S
T H E R E O F B Y VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS,
AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULAR I T I E S I N A N Y O F T H E
PROCEEDINGS OR CONTRA,CT THEREFOR; OVERRULING AND DENYING ALL PRO•-
TESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH
AND EVERY PARCEL OF PROPERTY ABUTTING UPf7N SAID STREET WITHIN THE
LIMITS DEFINED-WILL BE SPECIALLY BENEFITED AND ENf-IANCED IN VALUE
IN EXCESS OF THE AMOUNT OF THE COST OF.SAID IMPROVEMENTS PROPOSED
TO BE~ AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE
dWNERS 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 DEPROVIDINGFFORITHE MA1~INER A1~IDRMETHODIOF Sl3IDAPAY»
MENT THEREOF,
MENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXP,S :
SECTION 1. The City Council of the City of Paris, Paris, Texas,
finds:
(a) That the City Council of the City of Faris, Paris, Texas,
has heretofore by o rdinance duly enacted on the lOth day
of June, 1968, determined a necessity for and ordered the
improvement of portions of the following street, to"wit:
33rd Street S. E., Beginning at a point 81 feet
North of Lover's Lane's North Boundary Y.ine's
intersection with the Wrest Boundary Line of 33rd
Street, S, E. to a point 40 feet South of the
intersection of the North Boundary Line of Audubon
Road with the East Boundary Line of 33rd Street,
S. E., in all a distance of approximately 1474 feet,
within th e limits therein defined and in the manner and
according to the plans and specifiations therefor, which
plans and sp ecifications have heretofore been approved
and adopted by said Ci.ty Council.
(b) That a notice duly executed in the name of the City of Paris,
Paris, Texas, of the enactment of' said above described or.
dinance has been heretofore filed with the County Clerk of
Lamar County, Texas, the County in which said City of Faris
is situated, on the 19th day of June, 1968.
(c) That the City of Faris after having adve~heSCharter cfds
in the manner as required by law and by
said City, didanrard the contract for the construction of
said improvements to Barney Bray, Jr,, and said contract
which is prepared in accordance with the plans and speci••
fications is to be executed on and after August 23, 1968,
and the said Barney Bray, Jr. is instructed to furnish a
performance bond as required by law and by said contract.
(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 For.
tion of the cost of constructing said improvements
proposed to be assessed against said abutting
property, and has heard all parties appearing and
offering testimony, togeth.er 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 im-
provements, 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 being
had and with the directives of said City Council in re»
ference 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
directed the City Attorney to prepare an ordinance
incorporating the findings of the City Council when made.
(i) Thatbased on the evidence, matters, objectirn.s, and testi-
mony consideied at such hearing, the City Council has de~
termined that the properties, and each and every parcel
of such property abutting upon the street and units as
hereinafter set out will be enhanced in value and spe«
cially 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 Fa rcels of property abutting upon said street
and the real and true cxnr ners thereof.
(j) That the City Council is of the opinion and finds that
the Front Foot Flan 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 Flan 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 thereto should be
overruled and denied.
SECTION 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 enacted
June 10, 1968, and the assessments for the improvements in said
units are in no wise related to, or connected with the improve-
ments or assessments in any other of the streets or units de~
scribed in said ordinance; and in levying said assessments the
amount 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 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 stteet 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
installations, wherever located, if any, and one»
third of the costs of excavation, base preparation
and paving of all other portions of the street in•.
volved. In cases where the City Council naay 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
properties 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 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 3~Kas 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 enhanced 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:
LVhen the improvements herein ordered for the street
designated above and portions thereof have been com.-
pleted and accepted by the City of Faris, the amount
of the assessment against each property abutting thereon
and the real and true awner thereof shall be and become
payable in five (5) equal annual installments, due reM
spectively thirty (30) days after one (1), two (2),
three (3), four (4), and fiv e(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 (697o) per annum, payable
annually; provided, however that the owner of any of
said pxoperty 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 of payment. Firther, if default be
made in the payment of any of the said installments of
principal or interest promptly as the same mature,
then at the option of th e City of Paris, the entire
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.
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, notwithstand»
ing 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 Par.s, 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 estimate of said assessments prepared
by the Consultant Engineer 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 provisi,ons 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 Act,
said improvements and assessme.nts were had and made by said City
Council.
Fassed and adopted this 12th day of August, 1968.
`l ~o 7
J es R. Moore, D.S.C., Mayor
ATTEST:
~ c
H. C. Greene, City Clerk
APFROVEII- TO FORM:
`T. . Hayne , City Attorney
(d) That the City Council caused the Consultant Engineer
to prepare and file estimates of the costs of such
improvements and estimates of the amant 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 8th day of July,
1968, provide for and order a hearing to be held at 7:00
o'clock P. M. on the 12th day of August, 1968, in the
City Council Room, City Hall, Paris, Texas, at which time
an d place all persons, firms, coxporation, 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 di..
rected the City Clerk to give due notice of such hearing
in the manner required by law.
(f) That after due publication of notice as required by law
and on the 12th day of August, 1968, at 7:00 o'clock
F. M., said hearing was opened and held in accordance
with said ordinance and notice, at which time and place
an opportunity was given to allof the above mentioned
parties and their agents and attorneys to be heard and
to off er evidence as to all matters in accordance with
said ordinance and notice, at which time the following
appeared and testified as follows:
The Consultant Engineer of the City of Faris b riefly
described the i.mprovements 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
hearing had been published in the Faris News at the
time and in the manner required by law; that such
contained proposed rates per front foot to be assessed
against the abutting propcrty 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 Clerk•.Director of Finance, H. C. Greene,
testified and advised the Council of the respective
values of the improvements and the degree to which
they enhanced the value of the respe ctive abutting
property, and that in his opinion the abutting pro••
perties, and each of them, would, if said street
were improved, in accordance with the contract and
plans and specifications, be enhanced in value in an
amount greater than the proposed assessments against
such properties.
(g) That at said hearing the following property owng s were
present and offered objections or testimony as to said
improvements, contracts or assessments therefor, or as
to the proceedings with reference thereto:
(1) Bobby Joe McCarley
Dr. and Mrso Jerald Dodd
W'illiam J. Bone
James E. Gilmer
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, 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
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 improve-
ments 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
th ereof; 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 bene-
fits received and the burdens imposed thereby, and are in accord»
ance with the laws of the State of Texas and the Charter of the
City of Paris; and further finds that all proceedings and con..
tracts heretofore had with reference to said improvemerrt s are in
all respects, regular, proper, and valid, and that all prerequi..
sites 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 compliancewith the law and the proceedings of said
City Council.
SECTION 4. In pursuance of said ordinance duly enacted by said
City Council authorizing and or dering the improvement of said
street and units, including the said portions of street and units
hereinbelow set out, w hich ordinance was passed, as aforesaid, on
June 10, 1968, and in pursuance of said proceedings heretofore
had and enacted by the City Gouncil in reference to said improve•»
ments 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 refere nce to Article 1105b, Vernon's Annotated
Civil Statutes of Texas, as amended, and the Charter of the City
of Faris, ther e shall be, and is hereby levied, assessed, and
taxed against the respective parcels of property hereinafter de-
scribed and abutting upon the said street and units 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 description of such
property, the number of front f eet of each, and the several
amounts 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 constructed and not merely
against the amount of fxontage used as an adjusted basis for the
assessment, andthe names of the apparent owners thereof, all as
corrected and adjusted by said City Council, being as follows,
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