1690 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NO. 1690
AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND
TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET IN
THE CITY OF PARIS., TEXASy WITHIN THE LIMITS HEREINAFTER DE-
FINED9 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 ERRORS, INVA-
LIDITIE5$ OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR GON-
TRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND
EVERY PARCEL OF PROPERTY ABUTTING UPON SAID 5TREET WITHIN
THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVE-
MENTS PROPOSED TO BE AND AS ASSESSED AGAINST SAID PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESS-
MENT FOR THE PAYMENT OF A PORTION OF THE COSTS OF IMPROVING
SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHA.RGE 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 13th day of April, A. D., 1964, determined a necessity for
and ordered the improvement of portions of the following streetp to-wit:
(l) 33rd Street, N. W., from the South Boundary Line of
Graham Street to the North Boundary Line of Bonham
Str e et.
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, Tex.as 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 16th day of Apri19 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 defined9 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 August, A. D., 1964, provide for and order a
hearing to be held at 7:00 o'clock P. M. , on the 14th day of Septemberp A. D,
1964, in the Council Chamber of the City Ha119 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 giTe
due notice of such hearing in the manner required by law.
(f) That after due publication of notice, as required by law, on the 14th day
of 5eptember, A. D. , 1964, 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 to alI 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 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. 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 opinion9
the abutting properties, and each of them, would, ifsaid 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 accord-
ance 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
assessments therefor9 or as to the proceedings with reference thereto.
(l) None
(2) That the City Council has heard all persons who appeared and
desired to testify9 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 parties appearing and
offering testimony, together with all objections and protests relative
to such matters and relative to any errors, invalidities, or irregu-
larities in any of the proceedings and contract for said improve-
ments, and has given a full and fair hearing to all parties making
or desiring to make any such protest or objection or to offer testi-
mony, and has fully ex.amined 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 con-
tracts were proper and in accordance with thelaws under which same are being
had andwith the directives of said City Council in reference to such improve-
ments, and that the same are, inall respectsp valid and regular9 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, objectionsy 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
ag; 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 property 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 ad-
justments in assessments against corner properties, so as to produce a sub-
stantial 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 andt.rue owners thereof are just and
equitable, and all objections and protests thereto should be ovearuled 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, firms9 corpora-
tions, and estates, owning or claiming same or any interest therein, shall be,
and the same is hereby closed, and all protests and objections, whether spe-
cifically mentioned or not9 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 hereinbe-
low made are just and equitable and produce substantial equalitF, considering
the benefits received and the burdens imposed thereby, and are in accordance
wiih the laws of the State of Texas and the Charter of the City of Paris; and
further finds thatall 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 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 pro-
ceedings of said City Council.
SECTION 4. In pursuance of said ordinance duly enacted by said Gity 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
passedp as aforesaid, on April 139 A. D. 9 1964, 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 vestedin 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
levied9 assessed, and taxed against the respective parcels of property herein-
after described andabutting upon said street and units hereinafter set out and
within the limits below defined and against the real and true owners of such pro-
perty, whether such real and true owners be named, or correctly named, or
said properties be correctly described herein, or not, the several sums of
rnoney hereinbelow mentioned and itemized opposite the description of the re-
spective parcels of said property= the description of such propertyp 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 frontages 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 follows,
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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 April 13, 1964, 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 there-
for in any other ofsaid 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 atiy 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 excavation, base
preparation and paving 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 assess-
ment of abutting properties and the owner thereof, as herein provided, for the
co st of excavation, base preparation and paving, and of installation of curbs and
gutters. The remaining costs of all such improvements shall be paid by the pro-
perty 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 excessof the benefits to such pro-
perty 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 im-
provements herein ordered for the street designated above and portions thereof
have been completed and accepted b}r 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 (2), three (3), four (4), 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
(60/6) per annum, payable annually; provided, howevery 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 pay-
ment. Further, if default be made in the payment of any of the said installments
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 incurredi shall
be and become immediately due and payable.
5ECTION 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 properties9 notwithstanding such owner or owners may not be
named or correctly named, and any irregularity in the name of the property
owner9 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 her eby, and any such mistake, or error, invalidity, or
irregularity, may be, but is not required to be, in order to be enfoieeable,
corrected at any time by the City Council of the City of Parisa 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 improvementsand assessments therefor9 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 improvements and assess-
ments werehad and made by said City Council.
Passed and adopted this 14th day of September, A. D. , 1964.
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M ayo r
ATTEST:
City Clerk
AP ROVE A rRM: ~
City Atto r y,