1754 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPRETY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1754 .
AN ORDINANGE CLOSIN,3 THE riEARING GIVEN TO THE REAL AND TRUE CITY OWTIER5 QF PROpERTY ABUTTI LI~jTS HE E NAF ERTDEFINED~TAS TO SPE-
OF PARIS, TEXASa WITH[N THE
CIAL SENEr ITS TO ACCRUE TO SAID PROPERTY AND THE RE.AL AND TRUE
OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID 5TREET WITHIN
SAID LIMI.T5, AND AS TO ANY EtZ.RORS, INVALIDITIES, OR IRREGUL-4RITIES
IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERR,UL[NG AND
DENYING ALL PROTESTS AND OBJECTIONS 63'``FERED; FIND.T_NG AND DETER-
MINING TH.AT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON
SAID STREET WiTHIN THE LIMITS DEFINED W.'LL BE SPECIALLY BENEFITED
AND ENHANCED IN VALUE IN EXCE5S OF THE AMOUNT OF THE COST OF
SAID ?MPROVEMLNTS PROPOSED TO BE .AND AS ASSESSED AGAINST SAID
PROPERTY AND THE REAL AND TRUE OWNER5 THEREOF, AND LEVYING AN
ASSESSM.ENT FOR THE PAYMENT OF A PORTIQN OF THE COSTS QF IMPROV-
ING 5AID STREET 'WITHIN SAID LIMITS DEFINED9 FIXING A CHARrEAND LjEiV
AGAINST SAID PROPERTY AND THE RE.AL AND TRUE OWNERS THEREOFs
FIXING TtIE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING
FOR THE M.ANNER AND METHrJD OF 5AID PAYMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
SECTION 1. The City Council of the City of Paris, Texas, finds:
(a) That the City Council of the City of Paris has heretofore, by ordinance duly
enacted on the 9th day of November, A. D,, 9 1964, determined a necessity for and
ordered the improvement of portions of the following street, to-wit:
(l) An extension of Graham Street, beginning at the E. B. Line of
34th Street, N.W., where the present pavement and curb and
gutter ends on Graham Street, and continuing West to the E. B.
Line of Highway Loop 286.
within the limits 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 the City Council.
(b) That a notice duly executed in the name of the City of Paris, Texas, of the
enactme.nt of said above described ordinance has been heretofore filed with the
County Clerk of Lamar County, Texas, the county in which City is situated, on the
13th day of November, A. D. , 1964, and which is recorded in Book 423, Page 69,
of the Deed Records of Lamar County, Texas.
(c) That said City Gouncil having ordered andauthorized said improvements.
(d) That the City Council caused the Director of Pablic Works to prepare and
file estimates of the costs of such improvements and estim.ates of the amaunt 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 did, by ordinance
duly enacted on the 13th day of September: A. D. , 1965, provide for and order a
hearing to be held at 7:00 osclock P. M. , on the l lth day of October, A. D. 9 19653
in the Council Chamber of the City HalJ., of Paris, Texas, at which time and place
all persons, firms, corporations, and estates owning or claiming anysuch abutting
property, or any interest therein9 and their agents and attorneys, and all other
persons interested therein, were to appear and to be heard in person or by counsel9
and such ordinance directed the City Manager to 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 llth day of
October, A. D. , 1965, 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 oppor-
tunity was given to all of the above mentioned parties and agents to be heard or
offer evidence as to all matters in accordance with said ordinance and notice, at
which time the following appeared and testified as follows:
J. E. Albrighta Director of Public Works of the City of Paris, briefly described
the improvements constructed and explained the method of apportionment of the
costs of such improvements between the City and the abutting property owners.
And he testified that the enhanced value of the properties abutting upon said street
were far in excess of the costs to the respective property owners.
The City Attorney pointed out that notice ofthe hearing had been published in the
Paris News at the time and in the manner required by law, and that such notice
contained the proposed rates to be assessed against the abutting property and its
owner.
The City Manager, H. C. KPnnemer, testified and advised the Council of the re-
spective value of the im-orovements and degree to which they enhanced the value
of the respective abutting property owners, and that, in his opinion, theabutting
properties, and each of themy would, if said street were improved in accordance
with the contract and plans and specifications, and the curb and gutters provided
for therein were made, constructed, and installed according to the contract and
the plans and specifications, be enhanced in value in an amount greater than the
proposed assessments against such property. That said improvements have now
been accomplished in accordance with the plans and specifications and have been
approved and accepted by the Engineering Department of the City of Paris.
(g) That at said hearing the following property owners were present and
offered objections or testimony as to said improvements, contracts, or assess-
ments therefor, or as to the proceedings with reference thereto.
(l~ 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 costs
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 rela.-
tive to such matters and relative to any errors, invalidiiies, or
irregularities in any of the proceedings and contract for said im-
provements9 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 exam:ined and considered all of said evi-
dence9 matters, testimony9 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 C.ity Camcil in reference to such improvements,
and that the same arep 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) That based on the evidence, matters, objections, and testimony considered
at such hearing, the City Cuuncil has determined 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 specially 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 parcels of pro-
perty 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 property within
the same unit; and the City Council has determi.ned to apportion and assess the
costs on the Front Foot Plan or Rule, except in the following situations and ad-
justments in assessments against corner properties, so as to produce a sub-
stantial equality of benefits received and burdens imposed.
No n e
And the City Council has further found upon the evidence considered that
the assessme.nts hereinafter made and the charges hereby declared against said
abutting properties and the real and true owners thereof are just and equitable,
and all objections and protests thereto should be overruled and denied.
SECTION 2. There being no further protests or testimony for or against or in
reference to said improvements, benefits, or proceedings, said hearing granted
to thereal and true owners of properties abutting upon said street within the Iimits
and units herein defined, and to all persons, firms, corporations, and estates,
owning or claiming samt: 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 samr, 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 improveme:nts in
said portions of said street will be in excess of the costs of said improvements pro-
posed 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 im-
provements and the assessments hereinbelow made are just and equitable and pro-
duce substantial equality, considering the benefits received and the burdens imposed
thereby, and are in accordance w?_th 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 namE:d 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 said ordinance duly enacted by said Gity Council au-
thorizing and ordering the improvement of said street and units, including the said
portions of said street and units hereinbelow set out, which ordinance was passed,
as aforesaid, on November 9, 1964, 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, Vernonts
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 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 m:)ney hereinbelow mentioned and itemized opposite the description of the re-
spective parcels of said property, the description of such property, the number of
front feet of each, and the several amnunts assessed against the samA and the real
and true owners thereof, andwhere the amount so assessed against the corner pro-
perties 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 frontage used as an adjusted basis for the
assessment, and the names of the apparent owners thereof, all as corrected and
adjusted by said City Council, being as follow5, to -wit:
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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 in-
cluded in said ordinance enacted on November 9, 1964, and the assessments for the
improvements in said units are in no wise related to, ormnnected with the improve-
ments in any other of the streets or units described in said ordinance; and in levying
said assessmPnts 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 im-prove-
ments or by the assessments therefor in any other of said units. Th.e omission of
the improvements in any of said streets or units as a whole shall in no wi.se affect
or impair the validity of the assessments in any other of said units and the oma.ssion
of 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 assess-
ment cannot be levied, shall in no wise atfect or impair the validity of the assess-
ments against the other properties in such unit.
SECTION 6. The costs of said im7rovements shall be paid as follows, to-wit:
(a) The City shall pay all of the costs of drainage installations, wherever lo-
cated, if any, all the co sts of excavation9 base preparation and paving wi.thin street
intersections, and not less than one-third of the costs of excavation, base prepara-
tion and paving of all other portions of the street 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 properties and the owner thereof, as herein provided, for the cost of ex-
cavation, 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 improvemrcnts 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 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 install-
ments as follows: When the improveme.nts 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), three (3), four (4), and five
(5) years from the date of acceptance by the City, together with interest on each in-
stallment from said date of acceptance until paid at the rate of six per cent (6%) 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 before
maturity thereof by paying the total amount of the principal of such installments, to-
gether with the interest accrued thereon to the date of payment. Further, if defau.lt
be made in the paym-ent of any of the said installments of principal or interest
promptly as the same mature, then at the option of the City of Paris, the entire
amuunt of the assessment upon which default is made, together with reasonable
attorney=s fees and all collection costs incurred, shall be and become imcnediately
due and payable.
SECTION 7. All such assessments levied are, and sha11 be, a personal liability and
charge against the respective real and true owner or owners of said abutting proper-
ties, notwithstanding such owner or owners may not be named or correctly named,
and any irregularity in the name of the p.roperty owner, or the description of any
property or the amount of any assessment, or in any other matter orthing 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 estimate of said assessmants pre-
pared by the Director of Public Wvrks 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, provisions, and powers of said Act said imrrovements
and assessments were had and made by said City Council.
Passed and adopted this l lth day of October, A. D./1965.
~
Mayo r
ATTEST:
A-..(. . i
~
~ City Clerk
APPROV:ED AS TO ~FC}RM:
rC ity Atto r n Y.
.i