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.