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1689 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1689 . 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 HEREINAFTER DEFINED., 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 ERRORSs INVALIDITIES, OR IRRE- GULARITIE5 IN ANY OF THE PROCEEDINGS OR CONTRACT 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 SPE- CIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF IMPROVING 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 THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF SAID PAY- MENT, 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 13th day of April, A. D,, 19649 determined a necessity for and ordered the improvement of portions of the following street, to-wit: (1) 31st Street, N. W., from the South Boundary Line of Graham Street to the North Boundary Line of Bonham Str eet. 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 issituated, on the 16th day of April, A. D,, 1964. (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 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 lOth day of Augusta A. D. s 1964, provide for and order a hearing to be held at 7:00 o'clock P. M, on the 14th day of September, A. D, ¢ 1964, in the Council Chamber of the City Hall, of Pariss Texas, at which time and place all persons, firmsp corporations, and estates owning or claiming any such abutting property, or any interest thereina and their agents and attorneysA and all other persons interested thereina were to appear and to be heard in per- son 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 noticea as required by law, on the 14th day of Septemberp A. D. = 1964, at 7:00 0Iclock 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 attor- neys to be heard or offer evidence as to all matters in accordance with said or- dinance 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 de- scribed 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 published 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 owner s. The City Manager, H. C. Kennemer9 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 that9 in his opiniona the abutting properties., and each of them, would, if said street were improved in accordance with the contract and plans and specifications, and the curbs and gutters provided for therein were made9 constructed9 and installed in accordance wit'i the contract and the plans and specificationsr 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 assess- ments therefor, or as to the proceedings with reference thereto. (i) None _(2) That the City Council has heard all persons who appeared and desired to testifyg objecty 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 thecost 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 aad relative to any errors, invalidities9 or irregu- larities 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 testimonyi and has fully ex.amined and considered all of said evidence, matterss testimonya 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 saLne 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 evidence9 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 streetand units a.s hereinafter set out will be enhanced in value and specially benefited by the con- struction of said 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 property within the same unit; and the City Council has determined to apportion and assess the co sts on the Front Foot Plan or Rule, except in the following situations and a.d- 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 evidenceo:)nsidered 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 overruled and denied. SECTION 2. There being no further protests or testimony for or against or in reference to said improvementsa benefitss or proceedings, said hearing granted to the real and true owners of properties abutting upon said stx(et within the li- mits and units herein defined, and to all persons, firms9 corporationss and es- tatess owning or claiming same or any interest therein9 shall bes and the same is hereby closedg and all protests and objections, whether specifically mentioned or not9 shall be9 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 hereinbe- low made are just and equitable and produce substantial equalitya 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 respects9 regulars proper, andvalid, and thatall pre- requisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereofa 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 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 April 13,, A. D., 19649 and in pursuance of said pro- ceedings 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 Tex.as, 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 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 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 assessment2 and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: 4 O ~i H W ~ Cl] Ul) W ~ U) ~ ~ z ~ w ~ ~ ~ ~ ~ ~ O -t ~ ~ cd ~ ~ O ~ ~ z n 4~ ~ ~ m ~ M tz 4-1 O H w ~I "N ,4 (n ~ U .~--i cd ~ O N ~I ~I -i-~ ~ O U -4 cz 4~ 0 H ~I ~I O U, ~ N ~ 0 ~ i~ F~ N ~ O ~ a r 0 ~ ~ ~ ~ ~ x U O q pq -P O 4 p Lc't ~O m 'O tc1 .O Ls1 ~O t!') 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' ~ N CY, 1~4' N ' N ~ tf1 O~ N ~ ~ ~I H O II SECTION 5. The assessments levied in Section 49 above, are for a portion of the co sts of said improvements in the street and units therein set out, which are included in said ordinance enacted on April 13, 1964, and the assessments for the improvements in said units are in no wise related tos 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 tle 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 lo- cated, if any, all the costs of excavation, base preparation and paving within street intersections9 and not less than one-third of the costs of excavation, 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 adjustment which may be allowed in the assessment of abutting properties and the owner thereof, as herein provided,, for the cost of excavation9 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 owriers 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 Glarter 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 co sts in excess of the benefits to such property in enhance value thereof by means of such improvement. The amountsof 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 payable in five (5) equal annual installmentsp due respectively thirty (30) days after one (1)., two (2), three (3), four (4), andfive (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 cat (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, 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 in- terest promptly as the same mature, then at the option of the City of Parisa 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. 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 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, invalidity9 or irregularity,nay be, but is not required to be, in order to be enforceable9 corrected at any time by the City Council of the City of Paris9 Texas. The total amounts assessed against the respective parcels of property abutting upon the units or portions of the street above set out9 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 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 wHch terms, provisions, and powers of said Act said improvements and assessments were had and made by said Gity Council. Passed and adopted this 14th day of Septembor? I • , A. D., 1964. r Mayor ATTEST:~ City Clerk APPROVED AS TO FORM: ~ r City Atto r ney.