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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, to-wit: ~ ~ • oA M . ; ~ • ~ C. 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