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1300 ORD CLOSING PUBLIC HEARING AND LEVYING ASSESSMENT FOR COST OF CERTAIN IMPROVEMENTSoRDzrwNCF ra. 1300 . AN ORDINANCE CLGSING AJBLIC I-EARING AND LEVYING ASSESSMENT MR TI-E GJST OF CERTAIN IMPROVEIuENTS OF A PORTION OF EAST CENTER STREET IN THE CITY GF PARIS, TEXAS, FIXING A CHARGE AND LIEN AGAINST CERTAIN PROPERTY ABUTTING TF-EREON AND AGAINST THE OWNERS THEREQF, PROVIDING FOR (DLIECTION OF SUCH ASSESSMENT, AND PROVIDING F)R THE EFFECTIVE DATE I-EREOF. 1Jhereas, the Governing Bodyp the City Council of the City of Paris, Texas, has heretofore ordered that a11 that portion of East Center Street in said City from North N,ain Street east to the entrance of said East Center Street into Fair Park, a distance ef approximately 779 feet, shall be improved by the building and construction of concrete curb and gutter on both sides of such portion thereof, in compliance and in accordance with the terms and provisions of the standard curb and gutter section of the City of Paris and in accordance with the plans and specifications of and for such improvements, now on file with the City; and, lVhereas, it has heretofore been shown to anddetermined by the City Council that all of the abutting property owners along both sides of such portion of said street have satisfactorily completed the laying and build- ing of such prescribed curb and gutter sections in strict accordance with such plans and specifications therefor, except Mr. C. W. Luckey whois the owner of Lot No. 3 in Block No. 19, Clement's Fairview Addition, which said property of the said C. 61. Luckey abuts and fronts fifty (50) feet on the North Boundary Line of said Eaat Center Street in the 200 Block thereof; andv Whereas, contract for the building and construction of such section of curb and gutter along the North side of said East Center Street and abutted thereon by the said above described property owned by the said C.W. Luckey, was heretofore made and entered into with J. F. Huddleston & Son, concrete contractors of Paris, which contract was duly confirmed and approved by the CityCouncil; and, Whereas, estimate of the cost of the improvement of such portion of East Center Street was prepared, filed and adopted and approved by the City Council and the time and place was fixed for a hearing to the said C. G'J. LuCkey, owner of said Lot No. 30 Block 199 Clement's Fairview Addition to the City of Pariss andto all others in any wise interested in such property and the proposed assessment thereon, and due and proper notice of the time, place and purpose of such hearing was given, and such hearing was had and held at the time and place fixed thereforp to-witp on the 14th day of September, 1953 at 7:30 o'clock P. M. in the Council Room at the City Hall, in the City of Paris, Texas, and at such hearing the follqwing protests and objections were made, to-rvit: a and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City of Paris having fully considered all proper matters, is of the opinion that said hearing should be closed and the assessment should be made as herein ordered; THE?3EFORE, BE IT ORDAINED BY TI-lE CITY CZ?UNCIL OF THE CITY GF PARIS 9 TEXAS: Section lo That said hearing be, and the same is hereby closed and said protests and objections, and any and all other protests and ob- jectionSg whether herein enumerated or not, be, and the same are hereby overruled. Section 2, The City Council, from the evidenceg finds that the assess:nent herein levied shauld be made and levied against the parcel of property abutting upon the North side of said East Center Street and in the 200 Bloc?c thereof, abutting fifty (50) feet upon the North Boundary Line of said Street, being Lot 3. Block 19, Clement's Fairview Addition to the City of Paris, and against the owner of such property, C. W. Luckey, and that such assessment and charge is right and proper and is substantially in proportion to the benefit to the respective parcels of property by means of the improvements heretofore ordered and directed to be made upon said East Center Street by the building of curb and gutter on both sides thereof from North Main Street to the entrance of said East Center Street into Fair Parkv considering the benefits received and burdens imposed, and fur- ther finds that such property is specially benefited in enhanced value cf said property by virtue of said improvements in an amount in excess of such assessment and charge hereinafter levied and made against the same, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. Section 3. There shall be and is hereby levied and assessed against said Lot No. 3p Block 199 Clement's Fairview Addition to the City of Paris, Texas, and the owner thereof, C. W. Luckey, as well as all other owners thereof of any interest therein, whether herein named or not, the sum of Seventy-Five Dollars ($75.00), which said assessment shall be and become due and payable within thirty (30) days after the completion of said above described improvements; provided further, that such assessment shall bear interest from the date of the completion of such improvements at the rate of six per cent (6%) per annum, together with reasonable attorney's fees and costs of collectiong if incurredg all of which are hereby declared to be and are made a lien upon such property and a personal liability and charge against the said C. W. Luckey and every other real and true owner thereofpand such lien shall be and constitute the first enforce- able lien thereong superior to all other liens and claims, except State, Countyg School District and City ad valorem taxes. Section 4. 5uch assessment in the amount of Seventy-Five Dollars ($75.00) against the above described property and the owner thereof is in accordance with the proceedings of the City relating to said improvements and assessments therefor, and is not more than the proportion of the cost allowed and permitted by the law in force in this City and 5tate. The assessment herein levied is made and levied under and by virtue of the terms and provisions of an Act passed by the First Called Session of the Fortieth Legislature of the State of Texas, shown as Chapter lOb of the 4 Acts of'said Session, together with any and all amendments theretop said Act now being shown as 1105b of Vgrnon's Annotated Civil Statutes. Passed and approved this 14th day of September, 1953. • ' '~"".F F Mayor ATMSTs ~ / ~ ~ ~ ~ . City Clerk.