Loading...
1425 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COP/ ORDINNPICE N0. AN ORDIN;;NGE CUJSING THE HEARING GIVEN TO THE HEAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIV'STREET IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENE- FITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREO: BY VIRTUE OF IMPROVEMENT OF SHID STREET WITHIN SAID LIIviITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEED- INGS OR CONTRACT THEREFOR; OVERRULING AND DENYING aLL PROTESTS AND OBJECTIONS OFFERED; FINDING /aND DETERMINING THP.T EACH AND EVERY PAR- CEL OF PROPERTY aBUTTING U1'ON SAID STREET V1JITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENErITED AND ENI-WNCED IN VtiI.UE IN EXCESS OF THE AMOUNT OF THE COST OF StiID IMPROVEMENTS PROPOSED TO BE, AND AS ASSESSED AGAIPdST SAID PROPERTY AND THE REaL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYIUENT OF a PORTION OF THE CQST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHNRGL AND LIEN AGAINST SNID PROPERTY, AND THE REAL AND THUE OWNERS THEREOF, FTXING THE NlANNER AND TIME OF PAYh'ENT THEREOF, AND PROVIDING FOR THE MANNER AND METHDD OF SAID PAYMENT. BE IT ORDAINED BY THE CITY GOUNCIL Ofi THE CITY OF FARIS, TEXAS: SECTION l. The City Council of the City of Paris, Texas, finds: (a) That the City Council. of the City of Paris, Texas has heretofore by ordinance duly enacted on the llth day of March, A. D., 1957 determined a necessity for and ordered the improvement of pcrtions of the follow- ing street, to wit: 30th Street, N. W., from the North Curb Line of Bonham Street to the South Curb 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 executed in the name of the City of Paris, Texas, of the enactrrient of said above described ordinance has been heretofore filed with the Gounty Clerk of Lamar County, Texas, the County in which said City of Paris is situated, on the 1]_th day of March, A. D., 1957. (c) That said City Council after having advertised for bids in the manner as required by law and by the Charter of said City, did award the contract for the construction of said improvements to Roy L. V'Villiainson, and said contract, which is dated August 22, 1957, has been executed by the said Roy L. Willaamson and by the City of Paris; and the performance bond re- quired by law and by said contract has been properly furnished by the said Roy L. u°dilliamson. (d) That the City Council caused the Director of Public Works to prepare and file estinates of the costs of such improvanents and estimates of the amount per front 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 9th day oi September, A. D., 1957, provide for and order a hearing to be held at 7:00 oticlock P. 14. on the 14th day of October, A. D., 1957 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 the City htanager 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 G ctober, A. D., 1957, at 7:00 o°clock P. tut,, said hearing was opened and held in accordance with said ordinance and notice, at which time and place an opportunity was given to al]. of the above mentioned parties and agents and attorneys to be heard and to offer evidence as to all matters in accordance Urith said ordinance and notice, at which time the following appeared and testified as follows: 8 0 ~ r . • ~ ~ ~ , .1 N J N • u 1; Wp ~C3 • ~ AF0+hx"~~ ;u •.'v ~ ~ !11 w M+~ F+~ A "Tl M-' » ~ Q. ~ ~ ~ q1 ~ Ft Y! rG rf+f H `~J fT 0 ~''y N Q (N'! W O f3* w OD M~ 00 W Mf 00 00 ~ W ~ tA ~ fr► ~ ~P'' (~2 ~ M!~+ QD ~ F-1 p rv ~G A .t ~ Y~ t!D r- r- 1•+1- wwr- l -+iJNNNhilJNNN CG`~"C~C`~+C+~~*~`4`<,qt~"C*4•C"+~ N w r~'! ~ N M N K K M y ti M~ M W H r • i t i 1 1 1 i I 1 i i t I ~~b~b~~~aabbbba & 9 C0%`~ G~ O8 N O G Q ~ C? O fJ N~ • tJ~ ~ N F~ + M ~ + ~ h ~ O D h~ + M~+ ~ ~ ~ F ~ . $ ► W • • . • • . • . . • . • • • • • • ~NN W ~jW O"D !-~+M A►~V.. h~+t! • •p • •p •p •o • • • • •~,~r ~ • • • • ~ G7 O O C'~ p O~ O~ O~~ O O Q d M NJ 18' P ~a ~ c7D - 4 O "st tf~ ~ ~ M ~ ~ 0 z I ~ . ~ . r ~ ~ ~ ~ ~ v ~ ~ ~ Vl N ~ C7 ~ Elt ~ SECTION 5. The assessments levied in Section 4 above are fax a portion of the costs of said impravements in the street and units therein set out, which are included in said ordinance enacted on March li, 1957, and the assessments for the improvements in said units are in nodvise related to, or connected with the improvements or assessments in any other of the street or units described in said ordinance; and in levying said assessments the amount so assessed for the improvements in said units have been in nowise affected by any fact or thiny in any way connected with the improvements ox by the assessments therefor in any other of said units. The omission of tne improvements in any of said street or units as a whole shall in no vrise affect nor 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 nor impair the validity of the assessments against the other properties in such unit. SECTIUN 6. The costs of said improvements shall be paid as follows, to-wit: (a) The City shall pay all of the costs of drainage instali_ations, Nher- ever lo cated, 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 of ali other portions of the street involved. In cases where the City Council rnay deem it just and proper, the City shall also pay all ox 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 excavation,base pre- paration 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 oi such improvements shali be assessed against the respective abutting properties and tne real and true owners thereof in accordance with the statutes of Texas and the Gharter 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 shall 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 payabie in installments as foliows: NJhen the improvements herein ordered for the street designated above and portions thereof have been com- pleted and accepted by the City of Paris, the amount oi the assess- ment against each property abutting thereon and thE real and true owner thereof shali 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;~6) per annum, payable annually; provided, however that the ov+mer of any of said property shal:t 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, to- gether with the interest accrued thereon to the date of payment. Further, if default be made in the payment of dny of the said in- stallments of principal or interest promptly as the same mature, then at the option of the City of Paris, the pntire amount of the assessment upon which default is made, together with reasonab?P attorney•s fees and all collection costs incurred, sha11 be and becomc immediately due and payable. SECTION 7. All such assessments levied are, and shall be, a personal lia- bility and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owmers 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 thiny 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 en- forceable, 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 Council, and are in accordance with the proceedings of said City relative to said improvements and assessments and assessments therefor, and with the terms, povrers, and provisions of said I;rticle 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 assessments were had and made by said City Council. Passed and adopted this 14th day of October, A. D., 1957. i Mayox : ( ATTEST: v , y City Clerk APPR0IGED AS /TO ~,~D RM: ; City At-b rn~y. J The ricting 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 be- tween the City and the abutting property andthe owners thereof. The City Attorney then pointed out that notice of hearing had been published in the Paris News at the time and in the manner required by law; that such contained proposed rates per front foot to be assessed against the abutting property and its owners. The City Manager, Albert K. Steinheimer, testified ana 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, ir said street was paved in accordance with the contract and plans and specifications, and curbs and gutters were made, con- structed, and instailed in accordance with the contract and plans and specifications, be enhanced in value in an amount greater than the proposed assessments against such properties. (g) That at 5aid hearing the following property owners were present and offered objeetions or testimony as to said improvements~ contracts or assessments therefor, or as to the proceedings with reference thereto: , : , ' ~ ~ . ~..m,_ That the City Council has heard all persons who appeared and de- sired to testify, object, or protest as to the special benefits in enhanced value to accrue tv said abutting property and the r eal and true owners thereof as compared with the portion of the cost of con- structing 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 an-y of the proceedings and contract for said improvements, and has given a full and fair hearing to a11 parties making or desiring to make any such protest or objectinn 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 a11 errors, invalidities, or deficiencies called to its attention and did find that all proceed- ings 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 rt~ference to such improvements, and that the same are in all re- spects 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 pro- perties, 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, anC as hereinafter assessed against each of said parcels of property abutting upon said street and the real and true owners thereoi. (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 adjustments in assessments against corner properties, so as to produce a substantial equality of benefits received and burdens imposed. 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, corporations, and estates, owning or claiming sarne 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. SECTIQN 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 3n value to accrue to said propErty and the real and true owners thereof by virtue of the con- struction 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 oumers thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinbelovr made are just and equitable and produce substantial equality, considering the benefits received and the burdens im- posed 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 ayainst said abutting properties, as herein- after described, and the personal liability of the real and txue owners thereof, whether named or correctiy 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. SECTIGN 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 street and units hereinbelow set out, which ordinance was passed, as aforesaid, on March l:i, A. D., 1957, 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 re- spect to said street improvements by the iaws of the State oz Texas, with particular reference to Article 1105b, Vernonas Nnnotated 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 pro- perty hereinafter described and abutting upon the said street and units hereinafter set out and within the li;;,its 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 maney hereinbeloar mentioned and itemized opposite the de- scription of the respective parcels of said property, the description of such property, the nurriaer of r-roni feet of each, and the several ai,~Iounts assessed against the sar:;:s and the real and true ov+ners thereof, and where the amount su assessed against the corner praperti-es has bEen co;nputed by adjusting the frontage, such amount so assessed shall constitute a iien against the entire property abutting the paving actually constructed and not mereltl 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 foilcws, to-wit: