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1610 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS ON PROPERTY ABUTTING ON CERTAIN STREET IN COPORI3INANCE NOe 1610 . AN ORDINANCE CL05ING THE HE GINPON~CERTAIN STREET IN TRUE OWNER.S OF PROPERTY ABUTTIN THE CITY OF PARIS, 'I'EXA5, WITHIN THE LIMITS HEREINAFTER I3E-PROPERTY FINED, AS TO SPECIAL BENEF'ITS TO ACF B~ ~T~ OF THE IMP'ROVE- THE REAL AND TRUE OWNERS T~~O AN-Y ERRORS MENT OF SAID 5TREET W ITHIN 5AID 1-'~IY 0~,~'',T~ApR~EE INGS OR , l'NVALIDIT~, OR IRREGULARIT]ES IN CONTRACT THEREFOR; OVERRULING AE~ERMINING THAT EO CH ANI?ND pgJEC TION5 OFFERED; FINDING AND D EVERY PARCEL OF PROPERTY ABUTTIN LY BE~~ ~D ~II EN ~ INED THE LIMIT 5 D E F INE D W I L L B E 5 P E C I A 1N VALUE IN EXGESS OF THE A AGAIN T S~AIU P ~PE R T ~ ND PROVE M E N T S M A I? E A N D A 5 A S5ESSED THIE gEAl, AND TRUE ~WNERS pR ~ON OF THE C O6 TS AOF IMPROV - MENT FOR THE PAY1viENT OF A ING SAID 5TREET WITHIN SAID LIMITS,pFIXIN~G TRUE C9WNE~rT~~- AGAINST SAID PROPERTY AND THE ~ OF, FIXING THE MANNER. ANI? TIME ~THOI? OF 5AID pR,yMENTAND PROV IDING FOR THE MANNER AN BE IT ORDAINEI3 BY THE C IT Y C OUNC IL OF THE C ITY OF PAR?,5: SECTION 1. The City Council of the City of Paris, Texas, finds: (a) That the City Council of the Gity of Paris has heretofore, by ordinance duly enacted on the 9th clay of July, A. D. , 1962, determined a necessity for and ordered the improvement of portions of the following street, to-wit: (1) Blake Road, from the W. B. Line of the Booker T. W a s hington Hous ing~ he C ity f Pa ris B•TexLine as , of 6th 5treet, N. E. , within the limits defined and in the manner as ecl i at ons h ve heretofore S antl specifications t kere fo r, w h i c h p l a n s a n d p been approved and adopted by said City Council. b That a notice duly executed in the name ance haslbeen heretofore~filedf the enactment of said above described °T Xas, the county in which said City with the County Clerk of Lamar County, A. ~ 1962. of Paris is situated, on the lOth day of July, (c) That said Gity Gouncil contracted forfl1Pa~~s St~ conjunctionrw th sa d~gr with John Huddles ton, and that s aid C ity ocontractor, constructed said street as determi.ned in the specifications. orks , That the City Council caused the Director of Flublic footNto be asSes ed 1 costs of such improvements n osaid est eet with n the limits defined and against the property a g against the real and true owners thereof. the City Council did, by ordinance duly (e) That upon the fili.ng of same, 1962~ provide for and order a enacted on the 12th day of November, A. D• , hearing to be held at 7:00 o'clock P. M. on the O0 Paris,oTexasg abe""h ch D., 1962, ~ the Council Chambers of the City Hal and estates owning or time and place all persons, firms, corporations, d their ro ert , or any interest therein, a~, claiming any Su~h abutting p P y Were to agents and attorneys, and all other persons interested that sueh or,dinance di- appear and be heard in. person or by counsel, rected that the Gity Clerk give- due notice of such hearing as required by law. law (f) That after due publication of•00 t oclock p e Miresa d hearing was 1 opened of December, A. D. , 1962, at 7• at which tirne and and held in accordance with said ordinance and notice, their place an opportunity was given to all of the above mentioned parties, agents and attorneys, to be heard or offer evidence as to all matters, in accordance with saio ordinance and notice, at which time the following appeared and testified as follows : J. E. Albright, City Engineer and the Director of Public Works of the City of Paris, briefly described the improvements and explained the method of apportionment of the costs of such improvements between the City and the abutti.ng property and the owners thereof. That he ha.d accepted said im- provements and that they enhanced the value of the property belonging to the abutting property owners in excess of the amount of the assessment. That the costs of the abutting proPerty owners for curb and gutter was $1. 50 per front foot. That the costs for the street improvements ordered was $2.849 per front foot to the abutting property owners. (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) R. B. Boswell objected to theeasbss t of any amount for curb and gutter or pavement on the lot owri Y him (2) That the City Gouncil has heard al be ef ts Pneenhan ed alue o to testify, object or protest as to the special accrue to said abutting propertY and the real and true owners thereof as compared with the portion of the cost of constructing sa and has he dtall proposed to be assessed against said abutting property, parties appearing and offering testimony, together with all objections and protests relative to any errors, irregu d hastgiven a fullf ande proceedings an d co n t r a c t f o r s a i d i m p fair hearing to all parties making or desiring to make anY such ons dered t all objection or to offer testimony, and has fully examined and of said evidence, matters, testimony, and objections offered. rrect (h) That the City Council did conside an~ did f nd that all proceedingsltand, or deficiencies called to its attention contracts were ProPer' and in a of said Chty Coun ila n refe1rencemto are being had ax~tl with the directves all rescts, valid and such improvements, and that the same are, in Pe regular, as corrected. The Mayor announced that the hearing was closed, and directed the Gity Attorney to prsPare an ordinance incorporating the findings of the City Council when made. ions, ide (i) That based on the evidence, matters, ~bJ~ed thatathe tproperti s o and ea h at such hearing, the City Gouncil has dete m arcel of such property abutting upon the street and units as herein- and every p after set out will be enhanced in value and specially benefited by t e con- struction of such improvements in an am°edhagainstnea~h ofch improvements proposed to be, and as hereinafter assess said parcels of property abutting upon said street and the real and true owners thereofe (j) That the City Council is of the opinion and finds that the Front Foot Plan rty or Rule would result in justicC1~n has determinedcto apportioneand within the s ame unit; and the y Council assess the costs on the Front FSessments against e or erlpropertiesw so as situations and adjustments in as to prodnce a substantial equality of benefits received and burdens imposed. And the GityCouncil has furt~n~ the found hereby decla ede gainast the assessments hereinafter made said abutti.ng Properti.es and the real ans thereto should beeover uled and d equitable, and all objections and portest denie d. SEG TION 2. There being no furthe ~P benefit ororE proceedl gs o saidahearing or 'in reference to said improvemen , granted to the real and true owners oandtit sallpersonsP firmsa coreet within the limita and units herein defin d, porations, and estates, owning or claimi.ng 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 abutti.ng upon the street and units hereinafter set o~~eao~ners hereof by virtue of theccone to said property and the real and struction 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, considering the benefits received and the burdens im- osed thereby, and are in accordance with the f~nds that all proceedings aandnd P the Charter of the City of Paris; and furt er vem contracts heretofore had with reference t~e~eluisitesoto hen fix ng of the re- spects , regular, and valid, and that all p q rties, as hereinafter described, assessment liens againet said abutting proPe vahsther na.med and the personal li.a.bi.lity of the ~e haved been true all things regularly had and or correctly ~me~ iance wl h the, law and the proceedings of said City Council. performed in comp SEGTION 4. In pursuaacorderinldaprovement enacted dbstreet and units, C ounc il authorizing an g the including the said portions of said street and units hereinbelow set out, which ordinance was passed, asabresaid, on July 9, A. I?. , 1962, and in pursua.nce 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 n~l~~e C1105, harter of thes Annota.ted Civil Statutes of Texas, as amended, City of Paris, there shall be, and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter described and the abutti.ng upon the said sar aet the treal and true owners of such pr perty, limits below defined an gains whether such real and true owners be named, or correctly na.med, or said properties be correctly described herein, or not, the several sums of money 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 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 fronta. ge, s uch amount s o as s es s ed shall cons titute a lien agains t the entire property abutting the paving actually constructed and not morely against the amount of frontage use o~ners thereof,d allsas corr~ct d and djust d byhsaid n,a,mes of the apparent City Council, bei.ng as follows, to-wit: ~ ~ ~ O x 0 H R x C!~ ~ ~ H a ~ ~ pq H ~ O~ w aa pi O W H H x~ H~ o~ w~ w w e pW ~ H W a~ ~ ~ ~ ox H E-4 O zo ~ Ha p' x ow aW ox ~O H a~ [AU ~W 00 wa c 4 Ei 4'3 rr 00 N O o0 t11 t11 ~O 9 l~ O l~ t11 O ~ . . . O M l- O l- 00 ~o rn.-,o r+ocr ap M oo d' cr1 N Nm ~ pp M r- om U') U) 10 Ul) Ln Ln r-~ m 00 .O ~ M ~O N •O m M~ 00 Q, cM M OO Fi O tf1 N 'A•-+ M cn N irt 4-3 4J ~ c~ b ~ cd N ;j U 4-) m ~ 111 0 ~ 0 m om ooooo N t[1 N O tll O O O • M M 00 Mlfl N 4 O O da 0 N' r`' 0 p .--1 M -r N ~ ~[1 Om O O O O O d" M i ~D O Q, ~D ~ V ~ ~ ra ~ ~ xx a x M 00 V o ~ o, ~ oo N 4-J 0 4-1 U k ti a ° ~ 0 ~ . w 4-3 a ~ m ~ ~ a :s~ ~ co z ~ o cd ~ a a ~ a a: wx = ~ N O ~ 0 ~ ~ Lf) N N L!1 O~ M ,W). 0 Lf) M 00 O N 46- ~ y ti 0 0 ~ a a~ a ~ Lf) 00 t- Lf) o ~ O M ~ M bf} rA 4-3 H ~ ° ~ a ~ ~ ~ ~ 4-) ~ 0 0 U U H H SECTION 5. The assessment levied i.n Sectin 4, above, are for a portion of the costs of said improvements in the street and units therein set out, wb,l,ch are included in said ordi.nance enacted on.July 9, 1962, and the assessments for the improvements oraassessments i.n any othereofttheto, or connected with the improvemen s streets or units described in said ordina.nce; and in levying said assess- ments the amount so assessed for the improvements i.n said units have with been in no wise affected by any farththing ereforn in axiy ther of tsa d uri ts e improvements or by the assessments 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 parti- cular street or unit in fron~ a ains twhi h a val d property assessxnent lien of such assessments, o g cannot be levied, shall in no wise affect or impair the validity of the assessments agaiast the other properties in such unit. 5ECTION 6. The costs of said improvements shall be paid as follows, to -w it: (a) The City sha11 paY all of the costs of drainage installations, vsrherever located, if any; the costs of excavation, base preparation and paving within street intersections; and one-third of the costs of excavation, base prepara- tion and paving of all other portions of the street inv~olvedt anersll halhe costs of 7.5 feet of curb and gutter. The abutting poP Y pay all of the costs of the remaininbase rbxi and paing of allao her the remaining costs of excavatio , PreParation portions of the street involved. (b) The costs due by the abutting property owners shall be assessed against the respective abutting propertiTexas and the1Charter of he City ofEParis accordance with the statutes of herein referred to. No asse~~m~ the eof against excessYofthe~be efits pe rty or the real and true oto 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 li.adtsha.lltbe payable ~.n installments thereof, whether correctly named or not, an as follows: When the improvements herein accpted by the Ct~y ofd above and portions thereof have been pleted an Paris, the amount of the assessment against each property abuttin.g thereon and the real and truc owner thereof shall be and become payable in five (5) due respectively thirty (30) days after one (1), two equal annual installments, (2), three (3), four (4), and five (5) years from the date of acceptance by the City, together with interest on each insta.llment from said date a able acceptance unti.l paid at the rate of six per cent (6%) per annum, p Y annually; provided, however, that the -owner of any of said property shall have the privilege of paying all or any of said insta.llments at any time before malurity thereof by paying the total amount of the principal of such installments, together with the interest accrued thereon to the date of paY- ment. Further, if default be xnade in the payment of any of the saici 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 made, together with reasonable attorney'8 fees and all collection costs incurred, shall be and become immediately due and payable. All such assessments levied are, and shall be, a personal sEC Tzarr 7. liability and charge against the respective real and true owner or owners of said abutting properties, notwithsta.ndi.ng such owner or owners may not be named or correctly named, and any irregularity in the name of the pro- perty owner, or the desc eP~ matter or th ngrshall not n anywi.se nvalidate assessment, or in any oth or impair any assessment levied hereby, and any such mistake, or error, invalidity, or irregularity, may be, but is not required to be, i.n order to be enforceable, corrected at any time by the Gity Council of the City of Paris, Texas. The tota.l amounts assessed against the respective parcels of P a d the t h an, t e a bu t ting u p o n t h e u n i t srsi thereof,hare the same, out, real and true owne r or owne rks estimate of said assessments a1d Cidc l, D andcare in aecord n e with and approved and adopted by s Y Coun the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers, and provisions of said Article 1105b of Vernon's Annotated Civil Statutes of Te n~ , oW~rs the of sa deA tf sa d CmY of Paris, under which terms, provisions, p provements and assessments were had and made by said City Council. passed and adopted this lOth day of I?ecember, A. D. , 1962• , J , Ma yo r ATTEST:; ? . City Clerk APPROVED AS JO FORM: , , City Attor y.