1657 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NOa 1657 .
AN ORDINANCE CLOSING THE HEARING GIVEN TOTHE REAL AND
TRUE OWNERS OF PROPERTY ABUTTING UPQN A CERTAIN 5TREET IN
THE CITY OF PARIS, TEXAS, 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, AND AS TO ANY ERREJRS, 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 PRUPERTY ABUTTING UPON SAID STREET WITHIN
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVE-
MENTS PROPC?SED TO BE AND AS ASSESSED AGAINST SAID PROPERTY
AND THE REAL AND TRUE OWNERS THEHEpF, AND LEVYING AN
ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE CQST OF IM-
PROVING SAID 5TREET 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 THEREOF,
AND PROVIDING FOR THE MANNER AND METHOD OF SAID 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 l lth day of March, A. D, , 1963, determined a necessity
for and ordered the improvement of portians of the following street, to-wit:
(1) 33rd Street, S. E. , from the N. B. Line of Clarksville
Street to the S. B. Line of Audubon Road,
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 12th day of March, A. D.s 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 estimates of the
amount per foot proposed to be assessed against the property abuttir:gsaid
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 14th day of October, A. D. , 1963, provide for and order a
hearing to be held at 7:00 o tclock P. M. , on the 1 lth day of November, A. D. ,
1963, in the Council Chamber of the City Hall, of Paris, Texas, 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 llth
day of November, A. D, , 1963, at 7:00 o'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 toall 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 thern, would, if said street were improved,
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 eilhanced in
value in an amount greater than the proposed assessments against such pro-
perties.
(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 all persons who appeared
and desired to testify, object, or protest as to the special
benefits in enhanced value ta accrue to said abutting property and
the real and tne 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, inva-
liditi,es, 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 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 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 all parcels of pro-
perty within the same unit; and the City Council has determined to apportion
and assess the costs on the Front Foot Plan or Rule, except in the following
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 all persons, firms, corpora-
tions, arrl estates, owning or claiming same or any interest therein, shall be,
and the same is hereby closed, and all protests and objections, whether spe-
cificaily -nentioned 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 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 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 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 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 named or correctly named
herein or not, have been in all things regularly had and performed in compli-
ance with the law and the proceedings of said City Council,
SECTION 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 the llth day of March, 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, 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 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 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 sever al amounts assessed against the same and the real
and true owners thereof, and where the amount so assessed against t$e
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
followq to -wit:
SECTION 5, The assessments levied in Section 4, above, are for a portian
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 assessments
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 said units
and the omission 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 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 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.ca-
vation, base preparation and paving of all other portions of the street in-
volvedo 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 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 excess of
the benefits to such property in enhance value thereof by means of such im-
provement. 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 City of Paris, the amount of the assessment against each
property abutting thereon and the real and true owner thereof shall be and
become pzyable in five (5) equal annual installments, due respectively thirty
(30) days after one (1), two (2), three (3), four (41 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 (b%) 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, together with the interest accrued thereon to the date
of payment. Further, 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 made, together with reasonable attorney's fees and all collection
costs incurred, shall be and become immediately due and payable.
SECTIDN 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 named, and any iaegularity in the name of the pro-
perty owner, or the description of any property or the amount of any assess-
ment, or in any other matter or thing shall not in anywise invalidate or im-
pair any assessment levied hereby, and any such mistake, or error, in-
validity, or irregularity, may be, but is not required to be, in order to be
en£orceable, 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 assessments prepared by the Director of Public Works
and approved and adopted by said City Conncil, 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 said 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 im-
provements and assessments were had and made by said City Council.
Passed and adopted. this llth day of November, A. D,, 1963,
~
Mayo r
ATTFST:
,';7 /
i
City Clerk
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