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1799 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1799 . AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN THE CITX OF PARIS, TEX~,`59 WITHIN THE LIMITS HEREINAFTER DE- FINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, P;ND 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 IMPRQVE- MENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF f, PORTION OF THE COSTS OF IM- PROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST 5AID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, FIXING THE MANNER AND TIME OF PAYMENT THEREOF, AND F'ROVTDING FOR THE MANNER AND METHOD OF SAID PQ YMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: SECTION l, 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 llth day of April, A. D., 1966, determined a necessity for and ordered the improvement of portions of the following street, to -wit: (1) Culbertson Street, beginning at the E. B. Line of 25th Street, S. E. and continuing to the W. B. Line of the Tanglewood Addition No, 4, 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 said City Council. (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 filed with the County Clerk of Lamar County, Texas, the county in which said City of Paris is situated, on the 19th day of April, A. D. , 1966. (c) That said City Council has ordered and authorized said improvements. (d) That the City Council caused the City Engineer to prepare and file es- timates 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 did, by ordi- nance duly enacted on the 12th day of September, A. D. , 1966, provide for and order a hearing to be held at 7:00 o'clock P. M. , on the lOth day of October, A. D. , 1966, in the Council Chamber of the City Hall, of Paris, Texas, at which time and place alI persons, firms, corporations, 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 directed that the City Manager give due notice of such hearing in the manrer required by law. (f) That after due publication of notice, as required by law9 on the lOth day of October, A. D., 1966, at 7:00 otclock P. M.9 said hearing was opened and held in accordance with said ordinance and notice, at which time and place an opportunity was given to alr of the above mentioned par- ties and agents and attorneys to be heard or offer evidence as to all matters in accordance with said ordinance and noticea 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- lished 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 Managers H. C. Kennemer, testified and advised the Council of the respective values of the improvements and the degree to which they enhanced the value of the respective abutting property owners, and that, in his opinion, the abutting properties, and each of therri, woulda if said street were improved, in accordance with the contract and plans and spe- cifications, and the curbs and gutters provided for therein were mades constructed, and installed in accordance w1h the contract and the 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 owners were present and offered objections or testimony as to said improvements, contracts, or assessments therefor, or as to the proceedings with reference thereto. (1) None (2) That the City Council has heard alI 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 par- ties 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 con- tract 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 offer testimony, and has ful].y examined and con- sidered all of said evidence, matters, testimony, and objections offered. (h) That the City Council did consider and correct all errors, invalidi- ties, or deficiencies called to its attention and did find that al], proceedings and contracts were properarrl in accordance with the laws under which same are being had and with the directives of said City Council in ref- erence to such improvements, and that the same are, in all respects, valid and regulary 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, matters9 objections, and testimony con- sidered at such hearing, the City Council has determined that the proper- ties, 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 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 a1J, 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 Rule9 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. 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 equitable, and all, objections and protests thereto should be over - ruled and denied. SECTION 2. There being no further protests or testimony for or against or in reference to said improvements, benefits, or proceedings, said hear- ing granted to the real and true owners of properties abutting upon said street within the limits and units herein defined, and to all persons9 firms, corporations9 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- ence 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 ownerstik-reof; and finds that the apportionment of the costs of said improve- ments and the assessments hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed 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 improve- ments are in all respects9 regular, proper, and valid, and that all prere- quisites to the fixing of the assessment liens against said abutting proper- ties, 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 compliance with the law and the proceedings of said City Council. SECTION 4, In pursuance of said ordinance duly enacted by said City Counci authorizing 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 the llth day of April, A. D.9 1966, 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 5tate of Texas, with particular reference to Article 1105b, Vernonls Annotated Civil 5tatutes of Texas, as amended, and the Charter of the City of Paris, there shall be, arxl is hereby levied, assessed9 and taxed against the respective parcels of property hereinafter described 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 property9 whether such real and true owners be named, or correctly named, or said properties be correctly described herein9 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 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 frontage used as an adjusted basis for the assessment, and the names of the apparent owners thereof, a11 as corrected and adjusted by said City Council, being as follows, to -wit: 0 W T' t W-,l Q` lJi rP W N~ 01 l7i t ro~v r+ O, O 1 rP W N~ O • ~ ~ . • c+ N N ~D 10 W td N N ~ U, i ~O UU ~~i rP rP ~P rP ~ tP tA~ tP Ul lJ~ lJ~ (S~ Ul U~ Ul Ul lJ~ ~ t-' • .U ~ Ld a 1 U _ - - _ - _ _ _ ~ r i " _ . _ 1 - U1 U N N ' _ - - - - - - - - - li • _ - _ r-~ ^ - - - ~ ~ - - ~ O 0 = tj tD O+ (D U (D ,r • J ri ~ : N ~ u~ w . - - - y U) ~ o r ~ ~ • I ~ ~ ~ ~ • • • • 1 1 1 1 - - ^ - _ ~ ~ C, 0~1 (31 ON 0, CD Q G O O O p r~ - - a. 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Q` G [v , O- Q- Q' (DN -'1 ON 00 ~1 O~ ` --i 0` -1 .J ~D Q` ~ o\ Q` O O _ _ _.r 1,l7 i ~ W • W W _ ~ - ~ V ~ . ~ u' ~ • ~ ~ ~ _ ^ U ` ~ C♦ iN ~ ~ a, C) W ~ W ~ Q H ~ U~ Ul W u-i V< < C ~ n Y f C^ N N N N N N N N N N~ N CJ N N N N N N N N N N~ l3-i CJi Ul lTi Ul Ul lTI N Frj . ~ W lJ~ lS7 Ul ln CT1 lTi U-i l31 ln N N N'.n c.3I lTl W: ~ W W l7, • U ~ ~ O tJ Co a, C, r., a.] "J ~l ~l a, _ ~ i--~ -J -J N ~ G -J : U I • i 1 r • • ~ - J - J ( v UJ ` n • • • r~o~rno~a.c,o, • • . • ~ • • ~ i-.c a,o.rnu r • . • • n ~ U• o. w a', ° ~ 'a. rn 00 o, rn ~ .o o m .a ~ l! ~ ~ ~ c~ m 0 ~ ~ : N lr~ ~ NJ (/l ct U H ~ G ~ (D O U CL Fl-` Iri ~ z ~ r U CJ] ~ U~ L, y r'd O r SECTION 5. The assessments levied in Section 4, above, are for a por- tion of the costs of said improvements in the street and units therein set out, which are included in said ordinance enacted on April 11, 1966, and the assessments for the improvements in said units are in no wise related to9 or connected with the improvements or assessments in any otheraf 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 improvements 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 particu- lar 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 affect or impair the validity of the assessments against the other properties in such unit. SECTION 6. The costs of said improvements shalX be paid as follows, to -wit: (a) The City shall pay al], of the costs of drainage installations, wherever located, if any, all the costs of excavation, base preparation and paving within street intersections9 and not less than one-third of thecosts of exca- vations base preparation and paving of all other portions of the street in- volved. In cases where the City Council may deem it just and propers 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 insta7.].ation of curbs and gutters. The remaining costs of a11 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 notp 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 City of Paris, the amount of the assessment against each property abutting thereof 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 (Z), three (3), 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 annually; provideds however,, that the owner of any of said property shall have the privilege of paying all or any of said instal.l,ments at a ny time before maturity thereof by paying the total amount of the principal of such installmentsp together with the interest accrued thereon to the date of paymento Furthers if default be made in the payment of any of said in- stallments of principal or interest promptly as the same mature, then at the option of the City of Paris, the entire amount of the assessment upon which default is made9 together with reasonable attorneyls fees and all collection costs incurred, sha1l 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., notwithstanding such owner or owners may not be named or correctly name4 and any irregularity in the name of the pro- perty owner, or the description of any property or the amount of any assessment9 or in any other matter or thing slall not in anywise invalidate or impair any assessment levied hereby, and any such mistake,, or error, invalidity,, or irregularitys may bem but is not required to be, in order to be enforceables 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 thereof9 are the sames or less than, the estimate of saidassessments prepared by the City Engineer and approved and adopted by said City Council, and are in accordance with the proceed- ings of said City relative to said improvements and assessrrents 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,, provisionsa and powers of said Act said improvements and assessments were had and made by said City Council. Passed and adopted this lOth day of October, A. D., 1966. May r ATTEST: . I--," City Clerk APP,OVE .AS FORM: ' City Atto ney.