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.
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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: