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1426 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE NQ. . AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERT.AIN STREET IN THE CITY OF PARIS, Tr'XAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPER'PY AND THE REAL AND TRUE CFdNERS THEREOF BY VIRTUE OF IMPROVIIKENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDIT'IES OR IRREGULARITIES IN ANY OF THE PROCEEDTNGS QR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PRQTESTS AND OBJECTIONS OFFERED; FINDTNG AND DETERMINING THAT EACH AND EVERY PARCEL QF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS QF THE AMOUATT OF 'iHE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS ASSESSED AGAINST SAID PROPEFZTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THEPAYMENT QF A PORTION OF THE COST OF IMPROVING SAID STREET tifITHIN SATD LIMITS DEFINED, FIXIIVG A CHARGE AND LIEN AGAINST SAID PROPERTY, AND TiE REAL AND TRUE 0WNERS THEREOF, FIXING THE MANNER AND TINE OF PAYMENT THEREOF, AND PROVIDING FOR `I'FiE MANNER AND METHOD OF SAID PAYMENT, BE IT ORDAINED BY THE CITY COIJNCIL OF THE CITY OF PARIS, TEXAS: SECTION I. The City Council of the City of Paris, Texa.s, finds: (a) That the City Council of the City of Paris, Texa.s has heretofore by ordinance duly enacted on the 8th day of July, A. D,, 1957 determined a necessity for and ordered the improvement of portions of the following street, to-wit: llth Street, N. W., from Curb Line of West Cherry of Shiloh Street, in the the intersection of the North Street to the South Curb Line City of Paris 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 beai heretofore filed with the County Clerk of Iamar County, Texas, the County in which said City of Paris is situated, on the 17th day of July, A. D., 1957. (c) That said City Council after having advertised for bids in the manner as required by 1aw and by the Charter of said City, did award the contract for the construction of said improvements to Roy L. William5on, of Paris, Texas, -.nd said contra.ct, which is dated August 22, 1957, has been executed by the said Roy L. Williamson, of Paris, Texas, a.nd by the City of Paris; and the performance bond required by law and by said eontract has been properly furnished by the said Roy L. w'il.liamson, of Faris, Texas. , (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 assessed against the property abutting said street within the limits defined, and against the real and true owner5 thereof. w ~ ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ti! w ~ ~ ~C IIP ~ pc: • d~ ~ N ~ ~ ~44 4 4 ~ .c~„ •Q~{ 00 ~ ~ 1 t rl.•~i-~+~ M ~ trf~l~f~lf0 4 0 t90 0r~!'~4CYtyl ~ti a~'DP+t'!!o-~ ~ • i • • • f • ► • • • M • • 1-4 ~4 w ~~~~~~~to ~ ~ ~°0.4 ~~88ton t 1 1# 1! i f i 1 1 1 1 1 1 44gg44FS?444444q ~ ~ r e ~~QQ~~QQ~QQ~QQ~Q • • • M ~ ~.i a~-i.'c~r»a~'at.~~w~ N~w~ ~ . ~ ~ a ~ ~ *4 • ~ ~ ~ ~ OG O► • • E~- Oti M 0 ~ M ~ SECTION 5. The assessments levied in Section 4 above are for a portion of the costs of 5aid i.mprovements in the street and units therein set out, which are included in said ordinance enaeted July g, 1957, a.nd the assessments for the i.mprovements in said units are in nowise related to, or eonnected with the improvements or assessments in any other of the street or units described in said ordinance; and in levying 5aid assessments the amoti.ir..t so assessed for the improvements in said units have been in nowise affected by any fact or thi.ng in any way eonnected with the improvements or the assessments therefor in any other of said units. The omission of the improvements in any of said street or units as a whole shall in no wise affect nor impair the validity of the assessments in any other of said units and the omission of the improvement in any partieular street or unit in front of any parcel of property exempt from the lien of such asse5sments, or against which a valid property assessment cannot be levied, shall in nowise affeet 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 follvws., to-w-it : (a) The City shall pay a11 of the costs of drainage installations, wherever located, if any, all the costs of excavation, base preparation and paving within street interseetions, and not less than one-third of the costs of excavation, base preparation and paving of all o ther portions of the street involved. In cases WhEZ°E the City Council may deem it just and proper, the City shall also pay all or any part of the amount of any credi.ted adjustment which may be allowed in the assessment o f abutting properties and the owner thereof, as herein provided, for the cost of excavation, base preparation and paving, and of in5tallation of curbs and gutters. The remaining costs of all such improvements 5hall 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 aecordance with the statutes of Texas and the Charter of the City o f Paris herein referred to. No assessment shall be m ade against any abutting property or the real and true o wner 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 fir5t 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 stallments as follows: When the improvements herein ordered for the street designated above and portions thereof have been completed and aceepted b y 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 (l+), and five (5) years from the date of acceptanee by the City, together with interest on eaeh installment from said date of acceptance until paid at the rate of six per cent (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 irterest accrued thereon to the date of payment. Further, if default be made in the payment of any of the said install- ments 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 i.mmediately due and payableo SECTION 7, All such assessments levied are, and sha11 be., a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithsta,nding such owner or owners may not be named or correctly named, and any irregularity in the anme 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 anywi.se invalidate or impair any assessment levied hereby, and ar.v 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 res.pective parcels or property abutting upon the units or portzons of tht street above set ou t., 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, powers, and provisions of said Article 1105b Qf Vernonis 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.~, 19570 ~C2G'Z.~•~ ~ ~ Mayor ATTEST: , )City C1erk. APPRQV~ED AS TO F(RM: City Attorney. ~ f (e) That upon the filing of said estimates, the City Council did by ordinance duly enacted on the 9th day of September, A. D., 1957, provide for and order a hearing to be held at 7:00 otclock P.M. on the 14th day of October, A,D., 1957 in the Council Chamber of the City Hall of Paris, Texas, at whieh time and place all persons, firms, corporations, and estates owning or claim.ing 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 Manager to give due notice of such hearing in the manner required by law, (f) That after due publieation of notice as required by law and on the 17th day of September, A. D., 1957, at 7:00 o'clock P. M., said hearing was opened and held in accordance with said ordinance and notiee, 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 follow.; The Direetor of Public Works of the City of Paris briefly de5cribed the improvement,s proposed to be constructed and explained the method of apportionment of the costs of such i.mprovements between the City and the abutting property and the owners thereof. The City Attorney then pointed out t hat notice of hearing had been published in the Paris News at the time and in the manner required by law; that 5uch contained proposed rates per front foot to be assessed against the abutting property and its owners, The City Mana.ger, Albert K. Steinheimer, 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, if said street was pa.ved in aecordance with the contract and plans and specifications, and curbs and gutters were made, constructed, and installed in accordence with the eontract and plans and specifications, be enhanced in value in an amount greater than the proposed assessments against sueh properties. (g) That at said hearing the following property owners were present and offered objections or testirnony as to said improvements, contracts or assessments therefor, or as to the proeeedings with reference thereto: `f:... 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 to accrue to said abutting property and the real and true owners thereof as compared with the portien of the cost of constructing said improvements proposed to be assessed against said abutting property, and has heard all parties appearing arzd offering testi.mony, together with all objections and protests relative to such matters and relative to any errors, invaliditie s, or irregularities in any of the proceedings and contraet for said i.mprovements, 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 evidenee, m atters., testimany, and objections offered. (h) That the City Council did consider and correet all errors, invalidities, or deficiencies called to its attention a.nd did find that all proceedings and contraets were proper and in accordance wi.th 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 a11 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 eonsidered at such hearing, the City Council has determined that the properties, and eadh and every parcel of such property abutting upon the street and units as hereinafter set out will be enhaneed 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 thereofo (j) That the City Council is of the opinion and finds that t he Front Foot P1an 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 foll.ovring situations and adjustments in assessments against corner properties, so as to produce a substantial equality of benefits received and burdens impo sed. And the Cit;J 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 overruled and denied. SECTION 2. There being no further protests or testimony for or against or in reference to said improvements, benefits, or Fr oceedings, said hearing granted to the real and true owners of properties abutting upon said street writhin the limits and units herein defined, and to all personspfirms, corporations, and estates, owning or clainiing same or any interest therein, shall. be, and the same is hereby closed, and all protests and objections, whether specifieally mentioned or not, shall be, and the saane are hereby overruled and denied. SECTION 3, The City Couneil hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting npon 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; andfinds that the apportionment of the costs of said improvements and t he assessments hereinbelow made are just and equitable and produce .;ubstantial 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 referenee to said irnprovements are in all respeets, regular, proper, and valid, and that all prerec7uisites to the fixi.ng of the assessment li ens 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 compliance with the law and the proceedings of said City Council. SECTICN In pursuance of said ordinance duly enacted by said City Council authori.zing and ordering the improvement of said street and units, including the said portions of street and units herein below set out, which ordinance was passed, as aforesaid, on July 8, 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 respect to said street improvements by the laws of the State of Texas, with particular reference to Article 1105b, Vernonts Annotated Civil Statutes of Texas, as amended, and the Charter of the City of Faris, there 5ha11 be, and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter described and abuttir.g 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 sdid properties be eorrectly described herein or not, the several sums of mone,T hereinbelow mentioned and itemized opposite the descriptdon of the respective parcels of said property, the description of snch 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 as5essed shall constitute a lien against the entire property abutting the pa ving 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, to-wit: