1394 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON CERTAIN STREET IN COPORDINANCE N0. 1394 .
AN ORDTNANCE CLOSIIVG THE HEARSNG GIVEN TO THE REAL
AND TRUE OWNERS OF PROPERTY ABUTTING UPON A CERTAIN STREET
IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMTTS
HEREINAFTER DEFSNED, AS TO SPECIAL BENEFITS TO
ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OVdNEftS
THEREOF BY VIRTUE OF IMPROVEMENT OF SAID STREET
WITHIN SAID LIMITS, AND AS TO ANY ERRORS, SNVALIDI-
TIES OR IRREGULARITIES IN .ANY OF THE PROCEEDINGS OR
CONTRACT THEREFOR; OVERRULING A,ND DENYING ALL PRO--
TESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING
THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON
SAID STREET WITHIN THE LTMITS DEFTNED WILL BE SPE-
CIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF
THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED
TO BE, AND AS ASSESSED AGAINST SAID PROPERTY AIVD THE
REAL AND TRUE OYdNERS THEREOF, AND LEVYING AN ASSESS-
MENT FOR THE PAYMENT OF A PORTTON OF THE COST OF IM-
PROVING SAID STREET WTTHIN SATD LIMITS DEFINED, FIX-
ING A CHARGE AND LIEN AGAINST SAID PROPERTY, AND THE
REAL AND TRUE OWNEftS THEREOF, FIXIN G THE NIANNER AND
TIME OF PAYMENT THEREOF, AND PROVIDTNG FOR THE N.[ANNER
AND METHOD OF SAID PAYMENT.
BE TT ORDAZNED BY THE CITY COUNCTL OF THE CITY OF
PARIS, TEXAS:
STCTION 1. The City Council of the City of Paris, Texas,
finds:
(a) That the City Council of the City of Paris, Texas has
heretofore by ordinance duly enacted on the 25th day
of September, A. D., 1956 determined a necessity for
and ordered the improvement of portions of the follow-
ing street, to-wit:
30th Street, N. E. from the North Curb Line of
L$mar Avenue to the South Curb Line of .East
Cherry Street
within the limits therein defined and in the manner
and according to the plans and specifications therefor,
which plans and specifications have herEtofore been
approved and adopted by said City Couneil.
(b) That a notice duly executed in the narne of the City of
Paris, Texas, of the enactment of said above described
ordina.rice has been heretofore filed with the County C1erk
of Lamar County, Texas, the County in which said City of
Paris is situated, on the 26th day of September, A. D.,
1956.
(c) That said City Couneil after having advertised for bids
in the manner as required by 1aw and by the Charter of
sa.id City, did award the eontract for the construction
of said improvements to Lamar Equipment 8c Supply Company,
Tnc., and said contr$ct,which is dated November 30, 1956,
has been executed by the said Lamar Equipment & Supply
Company, Inc. and by the City of Paris; and the performance
bond required by law and by said contract has been pro-
perly furnished by the said Lamar Equipment & Supply
Company, Inc.
(d) That the City Council eaused 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 lirnits defined, and
against the real and true owners thereof.
(e) That upon the filing of said estimates, the City Council
did by ordinance duly enacted on the 2$th day of
January, A. D., 1957, provide for and order a hearing
to be held at 7:00 oteloek P. M. on the llth day of
February, 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
claiming 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 di-
rected the City Manager to give due notice of 5uch
hearing in the manner required by law.
(f) That after due publicatio n of notiee as required by
law and on the llth day of F.bruary, A. D., 1957, at
7:00 otclock P. M., said hearing was opened and held
in accordance with said ordinance and notice, at which
time and place an opportunity was given to all of the
above rnentioned parties and agents and attorneys to be
heard and to offer evidence as to a11 matters in
accordance with said ordinance and notice, at which
time the following appeared and testified as follows:
The Director of Public Works of the City of Paris
briefly described the improvernents proposed to be
constructed and explained the method of apportionment
of the costs of such improvements between the City
and the abutting property and the owners thereof.
The City Attorney then pointed out that notice of
hearing had been published in the Paris News at the
time and in the manner required by law; that such
contained proposed rates per front foot to be assessed
against the abutting property and its owners.
The City Manager, Albert K. Steinheimer, testified and
advised the Council of the respective values of the
improvements and the degree to which they enhaneed the
value of the respective abutting property owners, and
that in his opirrbn the abutting properties, and each of
them, would, if said street was paved in accordance
with the contract and plans and specifications, and
curbs and gutters were made, constructed, and installed
in accordance with the contract and plans and specifica-
tions, be enhanced in value in an amount greater than
the proposed assessments against such properties.
(g) That at said hearing the following property owners were
present and offered objections or testimony as to said
improvements, contracts or assessments therefor, or as
to the proceedings with reference thereto:
~
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~
(1) That the City Council has heard all persons who
appeared and desired to testify, object, or prvtest as
to the special benefits in enhanced val.ue to accrue to
said abutting property and the real and true owners
thereof as compared with the portion of thecost of
constructing aaid improvements proposed to be assessed
against said abutting property, and has heard all
parties appearing and offering testimony, together
with all objections and protests relative to such
matters and relative to any errors, invalidities, or
irregularities in any of the proceedings and contract
for said improvements, 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 evidence,
matters, testimony, and objections offered.
(h) That the City Council did consider and correct all
errors, invalidities, or deficiencies called to its
attention and did find that all proceedings and con-
tracts were proper and in accordance with the laws
under which same are being hsd and with the directives
of said City Council in reference to such improvements,
and that the same are in all respects valid and regular,
as corrected.
The Mayor announced that the hearing was closed, and
direeted the City Attorney to prepare an ordinance
incorporating the findings of the City Council When
ma de .
(i) That based on the evidenee, 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 street and
units as hereinafter set out wi11 be enhaneed in value
and 5pecially benefited by the construction of such im-
provements in an amount in exeess 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 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 a11 parcels of property within the
same unit; and the City Council has determined to
apportion and assess the costg on the Front Foot Plan
or Rule, except in the following situations and adjust-
ments in assessments against corner properties, so as
to produce a substantial equality of benefits reeeived
and burdens imposed.
And the City Council has further found upon the evidence
considered that the assessments hereinafter rrade and the
charges hereby declared against said abutting properties
and the real and true own.ers thereof are just and equitable,
and a1.1 objections and protests thereto should be over-
ruled and denied.
SECTION 2. There being no further protests or testirnony for
or against or in reference to said improvements, benefits, or
proceedings, said hearing granted to the real and true owners
of properties abutting upon said street within the limits and
units herein defined, and to all persons firm5, corporations,
and estates, owning or clairning same or any interest therein,
shall be, and the sarne is hereby closed, and all protests and
objections, whether specifically mentioned 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 in reference to each and every parcel of
property abutting upon the street and units hereinafter set
out that the enhancement in value to acerue to said property
and the real and true owners thereof by virtue of the con-
struction of said improvements in said portiorsof said street
will be in exeess of the eosts of said improvements proposed
to be, and as herein assessed against said abutting properties
and the real and true owners thereof; and finds that the
apportionment of the costs of said improvements and the assess-
ments hereinbelow made are just and equitable and produce sub-
stsntial equ,ality, 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 hereto-
fo re had with reference to said improvements are in all re-
spects, regular, proper, and valid, and that a].1 prerequisites
to the fixing of the assessment liens against said abutting
properties, as hereinafter deseribed, and the personal liability
of the real and true owners thereof, whether named or correctly
narned herein or not, have been in all things regularly had and
performed in compliance with the law and the proceedings of
said City Couneil.
SECTION 4. In pursuance of said ordinance duly enactsd by
said City Council authorizing and ordering the improvement of
said street and units, ineluding the said portions of street
and units hereinbelow set out, which ordinance was passed,
as aforesaid, on September 25, A. D., 1956, 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 Ci.ty with respect to said street
improvements by the laws of the State of Texas, with particular
rcference 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 hereinafter de-
scribed and abutting upon the said street and units hereinaf'ter
set out and within the limits below defined and against the
real and true owners o f such property, whether such real and
true owner5 be named, or correctly named, or said properties
be correctly described herein or not, the several sums of
money hereinbelow mentioned and itemized opposite the de-
scription of the respeetive parcels of said property, the de-
scription of such 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 assessed shall constitute a lien
against the entire property abutting the paving actually con-
strueted 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:
SECTION 5, The assessments levied in Section 4 above are fur
a portion of the costs of said improvements in the street and
units therein set out, which are included in said ordinance
enacted September 25, 1956, and the assessrnents for the im-
pro vernents in said unit5 are in nowise related to, or connected
with the improvements or assessments in any other of the street
or units described in said ordinance; and in levying said
assessments the amount so assessed for the improvements in
said units have been in nowise affected by any fact or thing
in any way connected with the improvements or the assessments
therefor in any other of said units. The omission of the im-
provements in any of said street or units as a whole shall in
no wise affect nor impair the validity of the asse5sments in
any other of said units and the omission of the irnprovement in
any particular street or unit in front of any parcel of pro-
perty exempt from the lien of such assessments, or against which
a valid property assessment cannot be levied, shall in nowise
affect 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
follows, to-wit:
(a) The City shall pay all of the costs of drainage
installations, wherever located, if any, all the
costs of excavation, base preparation and paving
within street intersections, and not less than
one-third of the costs of excavation, base pre-
paration and paving of a11 other portions of the
street involved, In cases where the City Couneil
may desm it just and proper, the City shall also
pay a11 or any part of the amount of any eredited
adjustment which may be allowed in the assessment
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 remaining costs of all such im-
provements 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
sha11 be assessed against the respective abutting
properties and the real and true owners thereof in
accordance with the statutes of Texas and the Charter
of the City of Paris herein referred to. No assess-
ment shall be made against any abutting property or
the real and true owner 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 first and
prior lien upon all such properties and a personal
liability of the true and real owners thereof,
whether correctly narned or not, and shall be payable
in installments as follows: When the improvements
herein ordered for the street designated above and
portions thereof have been completed and accepted by
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 respeetively
thirty (30) days after one (1), two (2), three (3),
four (4) , and five (5) years from the date of
aceeptance by the City, together with intere5t on
each installment from said date of acceptance until
paid at the rate of six per cent (b%) 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 insta]..lments at any time
before 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 made in the payrnent
of any of the said installments of prineipal or in-
terest 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 attorneyts fees and aIl collection
costs incurred, shall be and beeome immediately due
and payable.
SECTION 7. Al1 such a5sessments levied are, and shall be,
a personal liability and charge against the respective real
and true owner or owners oF said abutting properties, not-
withstanding such owner or owners may not be named or
correctly named, and any irregularity in the name 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 anywise invalidate 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 Pari.s, Texas.
The total amounts assessed against the respective parcels
of property abutting upon the`nits or portions of the street
above set out, and the real and true owner or owners thereof,
are the sarne, or less tha.n, the estimate of said assessments
prepared by the Director of Public Works and approved and
adapt-ed by said City Council, and are in accordance with the
proceedings of said City relative to said improvernents and
assessments and assessments therefor, and with the terms,
powers, and provisions of said Article 1105b of Vernonts
Annotated Civil Statutes of Texas, and the Cha rter 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 llth day of February, A. Do,
1957.
Mayor
AT TE ST :
. r" . .
City Clerk.
APPROVED AS TO FORM:
City Attorney.