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1886 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO, 1886 , AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF :PROFERTY ABUTTING UPON A CERTAIN STREET IN THE CITY OF PARIS, TEXAS, tiV'ITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROFERTY AND THE REAL AND TRUE OGJNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREM GULARITIES IN ANY OF THE PROGEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROFERTY 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 IMPROVEMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THERFAF, AND LEVYING AN ASSESSMENT FOR THE PN MENT OF A PORTION OF THE COSTS OF IMPROVING SAID STREET WITHIN SAID LIMITS DE» FINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL. AND TRUE OWNERS THERFAF, FIXING THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF SAID 1'AYMENT. BE IT ORDA.INED SY THE CITY COUNCIL OF THE CITY OF PARIS, i'ARIS, TF.XAS : SECTION l. The City Council of the Gity of Paris, F'aris, Texas, f inds : (a) That the City Council of the City of Paris has heretofore, by ordinarre duly enacted on the llth day of March, 1968, determined a necessity :for and order ed the improvement of portions of the followi:ng street, to-wit: 1iVest Cherry Street, f'rom the W. B. Line of 19th Street, N. W. to the W. B. Line of 24th Street, N.W. within the limits therein defined and in the manner and according to the plans and specif ications 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 Faris is situated, on the 13th day of March, 1968. (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 of the costs of such im. provements and estimates of' the amount per foot proposed to be assessed against the pro perty abutting said street within the limits defined, and against the real and true owners thereof. (e) That upon the f iling of said estimates, the City Council did, by ordinance duly enacted on the 6th day of November, 1968, provide for and order a hearing to be held at 7:00 o'clock P. M., on the 9th day of December, 1968, in the City Council Room, City Hall, Faris, Texas, at which time and place all persons, .firms, corporations and estates owning or claiming any such abutting property, or any in.+ terest 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 that the City Clerk give due notice of such hearing in the manner reguired by law. (f) That after due publicatiDn of notice, as required by law, on the 9th day of December, 1968, at 7s00 o'clock P. M,, said hearing was opened and held in accordance with said ordinance and notice, at which time and place an opporti 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 testi•» fied as follows a J, E, Albright, the Director of Public VJorks 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 Atto rney 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 that a copy of the notice had been mailed to the abutting property ownerso The City Manager, H. C. Kennemer, testified and advised the Council of the respective values of the improvements and the degree to which they enhanced th e value of the respective abutting property 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 specificatio ns, 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 off'ered 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 protest as to the special benefits in enhanced value to accrue to said abutting property and t:he 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 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 improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest or objection or to off er testimony, and has f'ully 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 di. rected the City Attorney to prepare an ordinance incor. porating the findings of the City Council when made. (i) That based on the evidence, matters, objections and testiti mony considered 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 here. inafter 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 pro. posed 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 glan 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 assessm ents 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 2. There being no further pxotests 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 es» tates, 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 f'inds and determines upon the evidence heard in reference to each and every parcel of pro» perty abutting upon the street and units hereinafter set out that th e 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 ex» cess 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, co nsidering the benefits received and the burdens imposed thereby, an d 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 heretofo re had with reference to said improvements are in all respects, regular, proper and valid, and that all prerequi- sites to the fixing of the assessment liens against sdd abutting properties, as hereinaf ter 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. SECTION 4, In pursuance of sa:id ordinance duly enacted by said City Council authorizing and ordering the improvement of said street and units, including the said portio ns of said street and units hereinbelow set out, which ordinance was passed, as afore-• said, on the llth day of March, 1968, 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 here. inafter 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 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 canputed by adjusting the f rontage, such amount so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of frontage used as an adjusted basis for the assess- ment, and the nam es of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, t0«+Wl"t : mature, then at the option of the City of Paris, the entire amount of the assessment upon which default is made, together with reasonable attorneyts fees and all collection costs incurred, shall be and become imme. diately due and payable. SECTION 7. A.11 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 Faris, Faris, 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 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 Vernon's Annotated Civil Statutes of Texas, and the Charter of the City of Faris, under which terms, provisio ns and powers of said Act said improvements and assessments were had and made by said City Council. Passed and adopted this 9th day of December, 1968, Ja es R. Moore, D,S,C., Mayor ATTEST: -c H. C. Gree_ , City Clerk AP° ROV~TS S TO FORM e ~ ~ ~ ~T. . Haynes, City .Attorney 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 en« acted on March 11, 1968, and the assessments for the improveW 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 asessments therefo r in any other of said units. The omission of the improvemerrts in any of said streets or units as a whole shall inrn 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 assessments, or against which a valid property assessment cannot be levied, shall in no wise af'fect 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 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 ex. cavation, 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 sha.ll 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. The remaining costs of all such improvements shall be paid by the property abutting such portion of said street and the owners thereofo (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 t.he Charter of the City of Paris herein referred to. No assessments diall 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 improvements. 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 designated above and portions thereof' have been completed and accepted by the Qty 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 inM stallments, 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, together with interest on each installment from said date of acceptance until paid at the rate of six per cent (657o) 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 installments at any time be:6re ma. turity thereof by paying the total amount of the prin» cipal of such installments, together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said install» ments of principal or interest promptly as the same matuxe, 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 imme. diately due and payable. SECTION 7. Al1 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, notwithstandM 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 Paris, 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 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 Vernon's Annotated Civil Statutes of Texas, and the Charter of the City of Paris, under which terms, provisio ns and powers of said Act said improvements and assessments were had and made by said City Council. Passed and adopted this 9th day of December, 1968, Ja_ es R. Moore, D,S,C., Mayor ATTEST: z ~ H. C. Gree_ , City Clerk AF ROV~ S TO FORMa • - ` ~ T. . Haynes, City .Attorney