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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: ~ -2--.3 1 , ~ (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.