1646 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1646 ,
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND
TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN
THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEKEINAFTER DE-
FINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND
THE REAL AND TRUE OWNIItS THEREOF BY VIRTUE OF IMPROVEMENT
OF SAID STREET WITHIN SAID LIMITS, AND A5 TO ANY ERRORS, INVA-
LIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CON-
TR:ACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS C?FFERED; FIIVDING AND DETERMINING THAT EACH AND
EVERY PARCEL QF PROPERTY ABUTTING UPON SAID STREET WITHIN
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED
IN VALUE IN EXCES5 OF THE AMOUNT OF THE COST OF SAID IMPROVE-
MENTS PROPOSED TO BE AND AS ASSFSSED AGAINST SAID PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN
ASSES5MENT FOR THE PAYMENT OF A PORTION OF THE COST OF
IMPR;OVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A
CHARGE AND LIEN AGAINST SAID PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF, FIXING THE MANNER AND TIME OF PAYMENT
THEREOFy AND PROVIDING FOR THE MANNER AND METHOD OF SAID
PAYMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI5,
T EXAS:
SECTION 1. The City Council of the City of Paris, Tex.as, finds:
(a) That the City Council of the City of Paris has heretofore, by ordinance
duly enacted on the llth day of March, A. D., 1963, determined a necessity
for and ordered the improvement of portions of the following street, to-wit:
(l) 32nd Street, N. W., beginning at the N. B. Line of
Bonham Street and continuing North to the S. B. Line
of Graham Street.
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 ex.ecuted 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, Tex.as, the county in which said City
of Paris is situated, on the 12th day of March, A. D. , 1963,
(c) That said City Council having 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 improvements and estimated 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 ordinance
duly enacted on the 12th day of August, A. D., 1963, provide for and order a
hearing to be held at 7:00 0 'clock P. M. , on the 9th day of September, A. D. ,
1963, in the Councij Chamber of the City Hall, of Paris, Tex.as, at which time
and place all 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 manner required by law.
(f) That after due publication of notice, as required by law, on the 9th day
of September, A. D., 1963, at 7:00 0'clock P. M., said hearing was opened
and held in accordance with said ordinance and notice, at which time and
place an opportunity was given to all of the above mentioned parties and
agents and attorneys 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. Albright, the Director of Public Works 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.
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
the value of the respective abutting property owners, and that, in his opinion,
the abutting properties, and each of them, would, if said street were im-
proved in accordance with the contract and plans and specifications, and the
curbs and gutters provided for therein were made, constructed, and installed
in accordance with 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
assessrnents therefor, or as to the proceedings with reference thereto.
J. Max Ruff and wife, and a Mr. Jones, and R. A. Roemmele
all appeared for the property owners. Mr. Roanmele appeared
more concerned about the action of the members of the
Equalization Board than about any objections to the paving. He
did think that the property owners should not be required to pay
the additional 6 foot of widening; however he said that he would
pay it.
Mr. Ruff questioned the location of the street and the boundary
lines and said the quality of the curb and gutter was inferior
and was cracking, Mr. Jones made similar statements with
reference to the quality of the asphalt and the curb and gutter.
(2) That the City Council has heard all persons who appeared
and desired to testify, object, or protest as to the special bene-
fits in enhanced value to accrue to said abutting property and
the real and true owners thereof as compared with the portiDn
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 pro-
ceedings 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 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 reference 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) That based on the evidence, matters, objections, and testimony con-
sidered at such hearing, the City Council 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 constructian 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 stxeet 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 or property
within the same unit; and the City Council has determined to apportion and
as s e s s the co sts o n the Fro nt Foot Plan o r Rule, ex.c egt in the fo llowing
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 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
hearing granted to the real and true owners of properties abutting upon
said street within the limits and units herein defined, and to alI persons,
firms, coxporatians, and estates, owning or claiming same or any interest
therein, shall be, and the same is hereby closed, and all protests and ob-
jections, whether specifically mentioned or not, shall be, and the same are
hexeby overruled and denied.
SECTION 3. The City Council hereby finds and determines upon the evi-
dence heard in reference to each and every parcel of property abutting upon
the street and units hereinafter set out that the enhancemezit in valus 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 im-
provements and the assessments hereinbelow made are just and equta,ble
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 respects, regular, proper, and valid, and that all prere-
quisites to the fixing of the assessment liens against said abutting pro-
perties, 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.
5ECTION 4. In pursuance of said ordinance duly enacted by said City
Council 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 March 11, A. D„ 1963, 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, w&h particular reference to Atticle 1105b, Vernon's
Annotated Civil Statutes of Tex.as, as amended, and the Charter of the City
of Paris, thee shall be, and is hereby levied, assessed, and tax.ed against
the respective parcels of property hereinafter described and abutting upon
said street and units hereinafter set out and within the limits below de-
fined 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 numberod front fest
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, all as corrected and adjusted by said City Council, being as
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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 included in said ordinance enacted on March 11, 1963, and the
assessments for the improvements in said units are in no wise related to,
or connected with the improvements or assessments in any other of the
streets or units described in said ordinance; and in levying said assess-
ments 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 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 s-~Aid units and the omission of the improvement in any particu-
lar street or unit in front of any parcel of property ex.empt 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 co sts 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, all the costs of excavation, base preparation and paving
within street intersections, and not less than one-third of the costs of ex-
cavation, base preparation 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 adjust-
ment 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 re-
maining costs of all such improvements shall be payd 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 assessment shall be made against
any abutting property or the real and true owner thereof for costs in ex.-
cess 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 not, and shall be
payable in installments as follows: When the improvemaits 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 (Z), 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
(61o) 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 install-
ments 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. Further, if default be made in the payment of any of
the said installments of principal or interest promptly as the same inature,
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 immediately due and
payable.
5ECTION 7, All such assessments levied are, and shall be, a personal
liability and cha,rge against the respective real and true owner or owners
of said abutting properties, notwithstanding 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,
Tex.as.
The total amounts assessed against the respective parcels of property
abutting upon the units or portians 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
ih e proceedings of said City relative to said improvemazts 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 improve-
ments and assessments were had and made by said City Council,
Passed and adopted this 9th day of September, A. D. , 1963,
~
' Mayo r
ATTES
City Clerk
APPR,OVED AS TO FORM: ~
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ity tto rne