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1434 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE N0. ~ - - . AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CER- TAIN STREET IN THE CITY OF PARTS, TEXAS, WITHTN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENE- FITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET WITHIN SAII) LIMITS, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRUZING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDSNG AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMTTS DEFINED WILL BE SPECIALLY BENEFITED AND EN- HANCED TN VALUE 1N EXCESS OF THF A1'fiOUNT OF THE COST UF SATD IMPROVEtt'fENTS PROP05ED TU BE AND AS ASSESSED AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMElVT FOR THE PAYMENT OF A PORTIDN OF THE COST OF IMPROVING SATD STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LTEN AGAINST SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, FIXING THE MANNER AND TINIE OF PAY- MENT THEREOF, AND PROVIllING FOR THE MANNER AND METHOD OF SAID PAYNTENT. BE ZT ORDAl"NED BY THE CITY COUNCTL OF THE C1TY OF PARIS, TEXAS: SECTION l. The City Council of the City of Paris, Texas, finds: (a) That the City Council of the City of Paris has hereto- fore, by ordinance duly enacted on the llth day of November, A. D., 1957, determined a necessity for and ordered the im- provement of portions of the following street, to-wit: (1) 24th Street, S. E., from the South Boundary Line of Lamar Avenue to the North Boundary Line of Clarksville Street. (a) No assessment will be made for any paving or drainage construction of the section of the street immediately above described, but only for those linear feet where there is not now adequate curb and gutter, for curb and gutter. within the limits therein defined and in the manner and accord- ing 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 Cit1T of Paris, Texas of the enactment of said above described ordinance has been heretofore filed vith the County Clerk of Lamax County, Texas, the county in which said City of Paris ie situated, on the 1$th day of November, A. D., 1957• (c) That said City Council, after having advertised for bids in the manner required by law and tleCharter of said City, did award the contract for the construction of said improvements to Joe Hatcher, and said contract, which is dated January 13, 1978, has been executed by the said Joe Hatcher and by the City of Paris, and that the performance bond required b,y law and by said contract has been properly furnished by the sa,id Joe Hatcher. (d) That the City Council catzsed the Acting Director of (2) That the City Council has heard al1 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 portion of the cost of constructing said improvements proposed to be assessed against said abiatting proper-uy, and has heard all parties appearing and offering testi- mony, together with all objections and protests re- lative to such matters and relative to any errors, invalidities, or irregularities in any o.f the pro- ceedings and contract for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such pro test or ob- jection 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 consiier and correct all errors, invalidities, or deficiencies called 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 saicl City Council in reference to such improvements, and that the sa.rne are, in all respects, valid and regular, as corrected. The Nlavor announced that the hearing was closed, and directed tne City Attorney to prepare an ordinance incor- porating the findings of the City Council when made. (i) That based on the evidence, matters, objections, and testimony considered at such hearing, the City Council has determined that the properties, and each and every parcel of such property abutting upon the streetand units as herein- after set out will be enhan.ced in value and specially bene- fited by the construction of such improvements in an amount in excess of the amount of such improvements propesed to be, and as hereinafter assessed against each of said parcel5 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 Rul_e, except in the following situations and adjustznents in assessments against corner praperties, so z% to produce a substantial equalitS% of benefits received and burdens imposed. And the City Council has further found upon the evidence considered that the aseessments hereinafter mad.e 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 deni ecl . SECTTOlV 2. There being no further protests or testimony for or against or in reference tc said improvements, benefits, or proceedings, said hearing granted to the real and true owners of propertzes abutting upon said street within the limits and units herein defined, and to all persons, firms, corporations, and estates, owning or claiming same orany interest therein, shall be, and the same is hereby closed, and all protests and objections, whether specifically men- tioned 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 inmference 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 con- struction of said improvements in said portions of said street will be in excess of the casts of said improvements proposed to be, and as herein assessed against said abutti ng proper- ties and the real_ and true owners thereof; and finds that the apportionmer.t of the costs of said improvements and the assessments hereinbelow mad.e are just and equitable and pro- duce substantial equality, considering the benefits received and the burdens imposed thereby, and are in acccrdance with the laws of the State of Texas and the Charter of the City of Paris; and further finds that all proceediro and contracts heretofore had with reference to said improvements are in all respects, regular, proper, and valid, and that al.l prerequi- sites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the per- sonal liability ofthe real and true owners thereof, whether nar.led or correctly named herein or not, have been in all things regularl,y had and performed in compliance with the law and the proceedings of said City Council. SECTION 4. In pursuance of said ordinance duly enacted by sald City Council authorizing and ordering the improvement of said street and units, including the said portions of said street and units hereinbelow set out,wriich ordinance was passed, as aforesaid, on November 11, 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 Paris, there shall be, and is hereby levied, assessed, and taxed against the respective parcels of property herein- after described and abutting upon the said street and units hereinafter set out and within the limits below deftined 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 it emized opposite the description of the respective parcels of said property, the description of such property, the number of front feet of each, and the several amounts assessed a,-ainst the same and the real and true owners thereof, and where the amount so assessed against the corner properties has been computed by atusting the frontaee, such amount so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of fror_tage used as an adjusted basis for the ~.ssess- ment, and the names of the apparent owners threof, all as corrected and ad.justed by said City Council, being as follows, to-wit: H W W ~ H co ~ ~ Q W E-{ ~ ~ ~ H uO W Q Q ~ ~ ~ O ~ ~ w H W W ~ E- Co W r-~ a H ~ C1) ~i ~ a c~ 0 H W ~ ~ w ~ ~ ~ ~ w W ~ ~ H ~ N ~71 O . El L~- ~ ~ W 1 W r-I Co -3' ~i • 00 ~ a ,-l H o c-) f.L' W ~ cn O a a~. w w~ P. ~ OOOOODNMO cu --t\o 0 0 \0 r-A r-+ W . . . . . . cTS v] -3O O~ O C. O~ M~ .N U) r-I t0'60 '00 ~ -t O C33 r! r-I N N C\2 r-I (11 ~ •eC ~ E.T OOOOOONc'10 -~J -3 \,O O O "U r-I r-I to ~ • • • • • • • • • u~ -3O C~ O OC G~ M~ to roo to -t -t v\ -3- N r--i r-I N N 02 r-I a) 4-) ~ ~ ~ ~ ,Q . . . . . . . . . S-~ +D 4-) +D -P -P wwwL~wf~,wf~,:~ C~ b-r (ij ON dN \0 O O~U C~- u'\ tC O \D Lr~ ~ Lr-\ Lr,\ • • O O t-I r-I u\ O Ln'bo (s.4 r-i ri Q) (1) C) 0 cis Cid JL4 ~-4 o ~q ~q 0 0 0 0 0 w 0 •r-1 tU 0) 't3 ro ro 'b c0 10 -0 -ri H H 1 u t~ t Sy ] u 0 .H b ~,x.x,xxr-~ xx lr~ Ctcaoo oor-i o o `4 ~ ~ a a wm Ga m m m m ~ U O r--I ~ 4-) O a f\l C\t VCF \0 \1O M r-i r-I r-1 ri ~ ~ 100 r--1 r-I r-I I 1 r--I C~l o~ r-1 6 68 K~` ME`1Lr,\ 1'- r-I r--f r-~ r--I r-~ bo 9 s~ .x ~ N U Cy ,l] Ua ~ ~ •r~ ~ cv .~4 N cti cil Uo r-I O -14 U 9 •ri r-1 •r-I U cD r-~P+' ~q [fl PC-,;:s~•~~Cd d v) 0 g a o a~ •rq ~ ~.q . • ..~N O~ ~QU1r~-1~,0 Q) • p . . • .r( rl d1 L-r\ 0 C~ M ~ r--I -b~ LCN O ~ c~ ~ w r u, 0 C~? M ~ ~ ~ ~ ~ ~ O ~ ~ ~ N Ra O ;-q ~ r~ ~ ~ ~ ~ 0 m -N U) 0 u r-i cti 4-D O H 0 to N \0 ~ ~ ~ ~ ~ ~ 0 ~ 4-) ul 0 ~ rl ai +-D O H SECTION 5. The assessments levied in Section 4, above, are ~or a portion of the costs of said improvements in the street and units therein set out, which are included in said ordinance enacted on November 11, 1957, 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 streeta or units described in said ordinance; and in levying said assessments the amount so assessed for the im- provements 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 therefor in any oth erof said units. The omission of the improvements in any of said streets or units as a whole shall in no wise affect nor impair the validsty 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 assess- ments, or againstwhich a valid property assessment cannot be levied, shall in no wise affect nm impair the val_idity of the assessments against the other propErties in such unit. SECTION 6. The costs of said improvemerts shall be paid as follows, to-wit: (a) The City shall pay all_ of the costs of drainage installa- tions, wherever located, if any, all the costs of excavation, base preparation and pavirg with.n street intersecti ons, and not less than one-third of the costs of excavation, base pre- paration and paving of all other portions of the street in- volved. In cases where the City Council may deem it just and proper, the City shall also pay a11 orany 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 cost of excavation, base preparation and paving, and of installation of curbs and gutters, The re- maining costs of all such improvements shall be paid by the property abutting such portion of said street and the owners thereof. (b) The remainder of the costs of such improvements shal.l be assessed agaa.nst the respective abutting properties and the real and true owners thereof in accordance with the statutes of Texas and the Charter of the Cityc>f Paris herein referred to. Pdo assessment sha11 be made against any abutting property or the real and true owner thereo f for costs in excess of the benefits to such property in enhance value thereof by means of such improvement. The amourts of such assessmerfm shall con- stitute a first and prior lien upon all such properties and a personal liabil.ity of the real and true owners thereof, whether carrectly named or not, and shall be pa3ab1e in installments as fo1_1ows: When the improvements her ein ordered for the street designated above and portions thereof have been completed and accepted by the City of Paris, the amount af'the assessment against each property abutting thereon and the real and true owner thereof shall be and become payable in five (S) equal annual installments, due re:spectively 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 eacni_nstall_ment from said date of acceptance until paid at the rate of six Der cent (6';~) per annum, payable annually; provided, however tnat the owner of any of said property shall have the privilege of paying all or any of said instal_lments at any time beiore 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 rlade in the paynlent of any of the said ins tallments of princi- pa1. or interest prornptly as the same rnature, then at the option of the City of Paris, the entire amount of the assessment upon which defaul_t is made, together with reasonable attorneyts feea and all collection costs incurred, shall be and become immediately due and pa,yable. SECTION 7. All such assessments levied are, and shall be, a persona_1 liability and charge against the respective real and true owner or owners of said abutting properties, notwith- standing such owner or owners may not be named or correctly named, and any irregularit,y in the name of the property owner, or the description of any property or the amount of any assess- ment, or in any other matter or thing shall not in anywise in- validate 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. Tne total amounts assessed a' gainst the respeetive 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 o_f Public 'uJorks and approved and adopted by said City Council, and are in accordance with the proceedings o:f Said City relative to said improvements and assessments therefor, and with the terms, powers, and provi- sion.s of said Article 1107b of Vernon's Annotated Civil Sta- tutes of Texas, 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 rnade by said City Council. Passed and adopted this lOth day of February, A. D., 1958• , 1 ~ y r ✓ ~ ` ,~c ~F ' ayor ATTEST• / ity er APPROVED AS TO FORM: City Attoxney.