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1558 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON SUNDRY STREETS IN COPORDINANGE NO. 1558 . AN ORDIlVANCE CLOSANG THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND TI-E REAL ANI? TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND A5 TO ANY ERROR5, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJEG- TIONS OFFERED; FINDING AND DETERMINIIVG THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCES5 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 STREETS WITHIN 5AID LIMITS DEFINED, FIXING A GHARGE AND LIEN AGAIlVST SAID PROPERTY AND THE REAL AND TRUE OWNER5 THEREOF, FIXING THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF SAID PAYMENT. BE IT OR.DAINED BY THE CITY GOUNCIL OF THE CITY OF PARIS, TEXAS: SECTION 1. The City Council of the City of Paris, TexaG, finds: (a,) That the City Council of the City of Paris, Texas, has heretofore by ordinance duly enacted on November 14, 1960 and being Ordinance No. 1530, determined the necessity for and ordered the improvement of portions of the following streets, to-wit: (1) U. S. Highway 271, North Main Street, beginning at the North Boundary Line of Clement Road in the City of Paris and ex- tending North to the North Boundary Line of the City Limits of Paris, Texas. ~ (2) U. S. Highway 271, Clarksville Street, on the South Side of Clarksville Street, from a point East of 24th Street, S.E. on the South Boundary Line of Clarksville" Street where curb and gutter ends on the Paris Junior College property and extencl- ing along the South Soundary Line of the Highvay as widened to the East Line of the City Limits at the N. W. Corner of a tract belonging to Uarco, Inc. on said Street; and on the North Side of said Street, from the E. B. Line of 24th Street, S. E. , extending along the North Side of said Street to the East Boundary Line of the present, City Limits. (3) U. S. Highway 82, Lamar Avenue, beginning at a point South of the extension of the E. B. Line of 30th Street, S. E. , on the South Side of Lamar Avenue, at a point where the present curb and gutter ends, and continuing East to the present City Limitd of the City of Paris, and beginning on the North Boundary Line of Lamar Avenue, at the East Boundary Line of 30th Street, N. E., continuing on East along the North Boundary Line of said Street to the'East City Limit Line. 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 s`aid above described ordinance has heretofore been filed with the County Clerk of Lamar County, Texas, the County in which said Gity of Paris is situated, on the 18th day of November, A. D., 1960, and recorded in Book 371, Page 29 of the Records of Deeds of Lamar County, Texas. (c) That the said City Council, after having advertised for bids by and through the Texas Sta,te Highway Depa rtment , which bids have been accepted by the State Highway Department, in a joint venture with the City of Paris upon the lowest and best bid the refor, the contract has been executed between the Texas State Highway Department and the Austin Road and Bridge Gompany. (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 front foot proposed to be aseessed against the pro- perty abutting each of said streets within the lim'dts defined, and against the real and true owners thereof. (e) That upon the filing of said estimates, the City Gouncil did by ordinance duly enaGted on the lOth day of July, A. D., 1961, provide for and order a hearing to be held at 7:00 o'clock P. M., on the 14th day of August, A. D., 1961, in the Council Chambers 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 interest therein, and their agents and attorneys and all other persons interested therein, were to appear and to be heard in person ol by counsel, and such or- dinance directed the City Manager to give due notice of such hearing in the manner required by law. (f) That after due publication of notice as required by law, and on the 14th day of August, A. D., 1961, at 7:00 o'clock P. M., said hParing 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 and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and testified as -follows: The Director of Public Works and the City Engineer of the City of Paris briefly described the improvements being constructed and explained the method of apportionment of the costs of such improve- ments between the City, the State Highway Department, and the abutting property and the owners thereof. The City Attorney pointed out that notice of hearing had been pub- lished in the Paris 1Vews at the time and in the manner required by law; that such contained proposed rates to be assessed against the abutting property and its owners with certain exceptions. 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, upon the completion of said improvements in accordance with trie contract and 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 therefor, or as to the proceedings in reference thereto: Mr. and Mrs. Leonard Pruitt; Capitola Beal, who was apeaking for herself and Mrs. Mary Evans and T. E. White; Jack Denman, who was sp~qiiking for himself and L. A. Howerton; George Solomon; Barney Bray; and Barney Bray, Jr. ra Most of the objections on the part of the property owners were centered about the fact that the improvements were made without the City having cnnsulted the various property owners along Lamar Avenue. Mr. Brayts objection was that there was some 18 feet of right of way between the curb and gutter and his property line which belonged to the State Highway Department which they had acquired from him by condemnation several years prior. (h) That the City Council has heard all parties who appeared and desired to testify, 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 improve- ments proposed to be assessed against said abutting property, and has heard all parties appearing andoffering testimony, together with all ob- jections and protests relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings and con- tract for said improvements, and ha,s 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, rrtatters, testimony and objections offered. (i) That the City Council did consider and correct all errors, invalidities or deficiencies ca.lled 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. (,j) That based on the evidence, matters, objections, and testimony con- sidered at such hearing, the City Council has determined that the pro- perties, and each and every parcel of such property abutting upon the streets 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 streets, and the real and true owners thereof. (k) That the Citv 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 Couneil has determined to apportion and assess the costs on the Front Foot Plan or Rule. And the City Council has further found upon the evidence considered that the assessments hereinafter made and the cha.rges hereby declared against said abutting properties and the real and true dwners thereof are jus~ 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 improvements,. benefits, or proceedings, said hearing granted to the real and true owners of properties abutting upon said streets within the ' limits and units herein defined, and to all persons, firms, 'corporations, and esta.tes, owning or claiming 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 abutting upon the streets 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 con- struction of said improverrients in said portions of said streets will be in ex- cess of the costs of said improvementG nroposed to be, and as herein assessed against saia 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 equita.ble and produce substantial equality, considering the benefits received and the burdens im- pose'd thereby, and are in ac~ordance with the laws of the Sta,te of Texas and the Charter of the City of Paris; andk further finds that all proceedings and contracts heretofore had with reference to said improvements are in all re- spects, regular, proper and valid, and that all prerequisites to the fixing of the assessment lieris against saicl abutting properties, as hereinafter de- scribed, 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. SECTIOIV 4. In pursuance of said orclinance duly enacted by said City Council authorizing and ordering the improvement of said streets and units, including the said portions of streets and units hereinbelow set out, which ordinance was pa~sed, as aforesaid, on November 14, 1960, and in pursuance of said proceedings heretofore had and enacted by said City Cou.ncil in reference to said improvements and by virtue of the powers vested in said City with re- sp.ect to said street improvements by the laws of the Sta,te of TexaG, with particular reference to Article 1105b, Vernon;s Annota.ted Civil Statutes of Texas, as amended, and the Charter of the City of Parir, there shall be, and is hereby levied, ass6ssed and ta,xed against the respective parcels of pro- perty hereinafter described and abutting upon the said streets and'units here- inafter 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 de- scription of the respective parcels of said prope;rty, the description of such pr'operty, the number of front feet of each, and the several amounts assessed against the same and the real and true owners thereof, and $uch' amount so assessed shall constitute a lien against the entire proge-rty abutting on said streets, and the names of the apparent owners thereof, all as corrected and adjusted by said Gity Council, being as follows, to-wit: SECTION 5. The assessments levied in Section 4 above are for a portion of thecosts of said improvements in the streets and units therein set out which are included in said ordinance enacted November 14, 1960, and the assess- ments for the improvements in said units are in now-ise ;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 hav;e been in nowise affected by any fact or thing in any way connected with the improvernents or 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 nowise affect nor impair the validity of the assessments in any other of said units and the omission of the improvements 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 nowise affect nor 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 its distributive portion of the intersections and the Texas State Highway Department shall pay all of the costs of streets and the excavation therefor, and the property owners shall pay the actual cost of curb and gutters and driveway approaches. (b) The remainder of the costs of such improvements ahall be assessed agair'1st the respective abutti.ng properties and the real arid true owners thereof in accordance with the statutes of Texas and the rharte4 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 improvement. The amounts of such assessments sha,ll constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall,be payable in installments as follows: When the im- provements herein ordered for the streets designated above and por- tions 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 (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 (6%) per annum, payable annually; provided, however, that the owners 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 installments of principal or interest promptly as the same mature, then at the option of the City of Paria, the entire amount of the assess- ment upon which default is riiade, together with reasona.ble attorney3s 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 ar correctly named, and anv 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, Texas. The total amounts assessed against the respective parcels of property abutting upon the units or portions of streets above set out, and the real and true owner or owners thereof, are the same, or less than, the estimates of said assessments prepared by the Director of Public Works and approved and adopted by said City Council, ancl are in accordance with the proceedings of said Citv relative to said improvements ; and assessments and assessments therefor, and with the terms, powers and provisions of said Article 1105b of Vernon's Annotated Civil Statutes of Texa.-, 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 14th day of August, A. D. , 1961. C - Ma yo r ATTE T• City Clerk APP OVED AS TO FORM: ~/~~~City Att ney. '