1292 ORD CLOSING HEARING GIVEN TO REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON WEST WASHINGTON AND SUNDRY OTHER STREETS IN COP1 ' ' Adik , nu
oRDzNaracE Nc. /2 y z
Ati ORDIi1A'VCri CLCSTi'':a "CH= HEARIN:? `3JIVcN ;?C, 17IE REA?. A11D TR!JE 0',`didERS OF rR`:PE-R:Y
A3UiTI1J~ UPOfti T w'ASHII4GTCIr' AND SUNDf2Y OTHER STREFTS ITJ THE C:i1' '1= i'.4RIS~
TEXA, 1`JITf-iIT1 THE LIt,ITi NEREINAFTrR DEFtNLD, AS T~! :'>PECIAL F3c;NEF:[ ia "I':? ACCRIJi
TO SAID PROPERTY A!ID :"NE r'2EAL ;A1D TRt,1E OudNERS THEREnF F3Y 'JIRTt?E OF T!-iE I!•viPRCVc-
1,:Ei1T GF SAID S'I'RE1=TS ~'JITHIPI SAIb LIPY~S .4ND AS ~i A;JY F.RR~JRS, IP''JA?I:D?TIES CR
IRftEGULA4ITIES IN APdY GP THE PROCFEDINGS GR CCNT.RACT "CHEREFOR, 07i.RRULINC3 Aid'}
JENYING ALL PRUTESTS AND OBJEC'TIqNS CFrERED, FINDING AND DETER101:[s1ING THAT EA~,'f-!
AtiD EVCRY PARCE:L Or PROFERTY ABt1T'fING iJPCN SAID STREFTS 's'JITriIN '17-IE 7It-,IIT3 DE_
FINED VuII.i.. BE iPECIA? I_"( F3ENEFITED AND ENHANCED IN Vr1LIJE IIN EXCESS OF TNF tl"vICiUIVT
OF TfIE CX)STS OI= SAID IMIPRGVEMIENi5 PRCPOSED T}iEREBY, APdD AS, ASSESSEll A73AI;dST
SAID PROPERTY AP1D THE RFAL AND TRUE OWN.=r?S THEREOF, AND LFVYIPIG AN ASSESSh;tENIT
rOR THE PaYP~IENT OF :HE COST5 GF THE CONTRUCTION OF THE c;URBS AND GUTTERS 01111
30iH SIDES OF SASD STREETS 71ITTIIP1 SaID LI11ITS DEFIPIED, FIXING ACHARGE AP1D
i..IEiv AGAIPJST SAID ?ROPERTIE.S AND TNE REAL AND TRUE Oi'dP1ERS THER_GF, PRGVIDIPdG
FOR TEiE ISSUAPvCE OF RSSIGNABLE ;ERiIFICATES UPOi1 Tf-iE 0014pLETICTJ AND ACC:EPTANCl-:
OF SAID !'JORK, THE T,1ANPJEIR AND TIk;E C`F PAY14ENT TT-IEREOF, APJD PROVIDING FUR Tl-IE
t,^AVNER Atv'D 14EiHOD ;;F COLt.EGTION OF SAII) .aSSESSTr1EIdTS AND (^ERTIrTCwATEa, AIVD PRG-
VIDIPIG THAT 'IHIS CJR;)INANCE aHAI.T_ ~iF~P:;E ErFECTIVE TT~1~.~1EJIr1TELY l?ROiV ITS PA5SA~:~E.
'.dhereas the ~-iovernin3 Body, the '"~ity Cciancil of the City of Paris, TQxas,
has heretofore orc3zred that the hereinbelow described and designated portions
of streets in the City o; paris, Texas be improved by raising, grading and
filling the same, and by constructing t.hereon a 6 inch soil-asphalt base and
single asphaltic treatment pavement, together with concrete curbs and gutters,
curb returns and sewer drop-inlets, all of which said improvernents are to be
constructed as and where shown an the plans and in strict accordance with the
plans and specifications therefor now on file with the City; and, the City of
Paris is to furnish and provide true and with funds available to it the cost
and expense af all labor and materials required for the raising, grading and
filling of such streets and the pavement thereof from curb ta curb, together
with the cost of the construction of the specified sewer drop-inlets, drains
and curb returns at all street intersecticns, and the abutting property and
property owners shall be required to pay and shall be assessed fo.r the fu11 cost
of the construction nf the curbs and gutters in accordance with what is known as
the "frant-foot plan", in proportian as the frontage of the property of each
respective owner is to the whole frontage improved -on each respective unit;
and, contract for the const.ruction of concrete curbs and gutters, sewer drop-
inlets, drains and curb returns was :nade and entered into by and between the
City of Paris and J. F. Huddleston & Son, concrete contractors,; said portions
af streets being as follows, to-ait:
UPdIT rd0. 1: On l^Jest '.'lashinyton Street from the "Nest boundary line of
7th Strpet Southwest, west ta a paint 780 feet west of such '~"Jest boundary line
of 7th Street Southwest, which is designated as Unit No. 1.
UNIT N0. 2: On Fitzhugh Avenue between Hickory Street and Blake Road,
which is designated as Unit No. 2.
UNIT N0. 3: On 8th Street.Pdortheast between Hickory Street and '31ake
Road, knovrn and designated as Unit No. 3.
UNIT Nd. 4: On ?31ake Road from its intersection with Fitzhugh Avenue,
west a distance of 444 feet.
UNIT NG. 5: Cn Hickory Street from its intersection with ritzhugh Avenue,
west to its intersection with 8th Street Tlortheast; and,
'VJhereas estimates of the costs af such improvements as pravided for in
such contract of such portions of streets were prepared and filed, adopted and
approved by the Governing Body o: the City of Paris, and a time and place was
fixed for a hearing to ±he owners of abutting property and to all others in
anywise interested, due and proper notice of the time and place and purpose of
such hearing was given and such hearing was duly held and conducted by such
Governing }3ody at such time and place fixed therefor, to-wit: on the 8th day
of .June, 1953, at 7:30 o'clock P.M., in the City Council Room at the City Hall
in the City of Paris, Texas, and,at such hearing the following protests and
objections were made, to-wit: 'J~- ~ ~^A_~ ~919
IJ~ .
~ ~
~`~o
~
~
~
~ ~ , ; .~,.ti.~,p"-e~ ~u
ddk Adk
~,e.►-~ ~ ~ ~'~~+.~y .3 ~C- ..~c.~;~ -~ati.~,~~~
i
and all desiring to be heard were given full and fair opportunity to be heard,
and the City C;ouncil, 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; Tf-tEREFQRE,
BE IT GRDAINEn 3Y T-iE JITY CO[JNCIL GF T1-IE CI1Y OF PARIS:
Section 1. Tnat said hearing bet and the same is hereby, clnsed and
said protests and objections, and any and all other protests and obiections,
whether herein enumerated or not, be and the same are hereby, overruled.
Section 2. The City Cnuncil, frcam the evidence, finds that the assess-
ments herein levied shnuld be madeand levied against the respective parcels oT
proper.ty abutting upon said portions of streets and against the owners of such
property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of pro-
' perty by means of the improvements in the unit for which such assessments are
levied, and establish substantial justice and equality and uniformity between
the respective owners of the respective properties, and between all parties
concerned, considering the benefits received and burdens imposed, and further
finds that in each case the abutting property assessed is specially benefited
in enhanced value to the said property by means of the said improvements in the
unit upon which the particular property abuts and for which assessment is
levied and charge made, in a sum in excess of thP said assessment and charge
made against the same by this ordinance, and further finds that the appcrtion-
ment of the cost of the improvements is in accordance vrith the law in force zn
this City and the proceedings of the City heretofore had with reference to said
improvements, and is in all respects valid and reaular.
Section 3. There shall be and is hereby levied and assessed against the
parcels of~ property hereinbelow mentioned, and against the real and true owners
thereof (whether such owners be correctly named herein or not), the sums of
money below mentioned and itemized shown opposite the description of the
respective parcels of property and the several amounts assessed against the
same, and the owners thereof, as far as such owners are known, being as follows:
Ak .d. 19901~ Ah
FNGINEER'S ROLL OR STATEr.9ENT QF STREET IrviPROVEPvSEfdTS OPd 6'VEST WASHIPdGTON STREET FROPA THE VJEST
BOUPJDARY LINE OF 7TH STREET S. W. , VrEST TO A POINT 780 FEET WEST OF SUG'li r'JEST BOUNDARY LINE OF
7TH STREET S. uV., b;NQWIV AND DFSIGNATED AS UNIT NJ. 1.
ADDITION QR
SOUTH SIDE:
Lamar County 2 154 City 205 $307.50
C. P. Smith 1 154 B Citv 254 381.00
Southern I ce Comnanv . 2 . 154-B . Ci tv . 306 . 459.00
NURTH SIDE:
The Housing Authority of Paris (a11 curb and gutter in place and acceptable)
ENGINEER'S ROLL OR STATEP+iENT OF STREET IMPROVET:9ENTS ON FITZHUGH AVENUE BETWEEN HIC'iCORY STREET AND
BLAKE ROAD, WHICH IS DESIGNATED AS UNIT PdC. 2.
EAST SIDE:
ADDI TIQN CR
CI TY BLOGK
Sam Thompson
1 270
Cit
v
170
$255.00
Ethel Dirks
27 ; Q
East
Park
50
75.00
Rov L Glenn
25 Q
Fast
Park
50
75.00 _
uQldie h,itchell
: 23 Q~
East
Park
50
75.00
UQo er Boone
21 Q
East
Park
50
75.00
J. R. Lane
19 Q
East
Park
50
75.00
P.11aptha R. Biaelovr
17 0-
East
Park
: 50
: 75.00
Thomas F3urton
,
15813
East
Park
100
150.00
,
R b rt fi. an
11
East
Park
100
150.00
H. rulbriqht
7
•
E2st
Purk
50
75.00
Robert Adkins
3
: ~
58,
East
Park
100
150.00
Jchn Gordon
,
. I . 3
. Fast
Park
. 40
. 60.00
4EST SIDE:
The Housing Authority of Paris (a1T curb and gutter in place and acceptable)
FNGINEER'S R01_L OR STATEivlEi1T OF STREET TI'aiPROVFMENTS ON 8TH STREFT N0RTHEAST BET1"JFGN HIi,~GC3RY STREET
APdD BLAKE ROAD, KNOINN AND DESIGtiATED AS UNIT NU. 3.
1f,IEST SIDE:
Mirs. H. L. Baker
2
282
Citv
120
"P180.OQ
i.,. Fulbright
3
282
Citv
30
45s00
Fulbriciht
11
7
~,'lilliams
130
i95.00
tl. Fulbri ht
10
'
7
•
• `r'Jiltia:ns
130
•
195.00
The ?-iousing authority
(Pdn assessment
made - accepta le
of Paris
: 1
: 282
: Citv
; curb and
gutter in place~__
Er15T SIDE:
ihe I3ousing Authority of Paris (a11 curb anJ j7a:ter in place and acceptable)
# * * * k x- -?c- * x- *
~ ~ ~ Ah
EPdGINFER'S ROLI. GR STATEMiEIdT OF STRFcT IM1,PRQVr;:;E11TS OP1 13"LAKE IRGAD FROi~ Ti5 IN"iERSEC'iIOTv ""JIiT-i
rITZI113,311 AV..r-.NUE, ','lE51 ADIST!1rdCF UF 444 IFFL"T~ };11101;1i1 A"uD DESIGNATED AS IJ1N'Z 1 4.
NAr~~E Cr 0,4NER .anDzrzoN OR
LG"i 3LGCIiY 13 L0 GK FiQNT FEcT 1'OTAL taSS: S LD
SOIJTH SIDc: . . . . •
W. M. Christian
1-A
2
Fitzhu4h
103
154.500
$ill Fluckus n
1 B
2
Fitzhu h
81
121.50
~I4 Bra
1
1
Pickard
58
87.00
Herrnan 3anks
2
Pickard
69
103.50
~r,ia & Reba Vanno
3
1
Pickard
69
103.5p
NORTE-I SIDE:
Housina Authority of Paris : all of 271 . City 134 . Nane
acce tabie curb and utter in lace
Housing Authorit,y of Pairs : 1 . 232 . City . 207 . None
acce tabl. cu b and utter in lace
-x- * * * * * x- * * k * x- *
EiVGINEER'S ROLL OR STA'I-PMENT OF STHEET IPJtPROVEP1ENTS ON HICKORY FiAVENUE 3ET11EEN FITZHiJGH
AVENUE AND 8TFi PJORTHE.4ST STREET, KNOWN AND DESIGNATED AS UNITY PdO. 5:
(AIl property franting on this unit is owned by the Uzty of Paris and the hereinabove
rnentioned contract between the City of Paris and J. F. Huddleston & Son covers and includes
such street improvements on such portion of said street and will be paid for by the City
as providPd in such contract.)
* * ~ * * x- x- x- ~ * * -x- * * x-
ASSE-OSED 11I4TE PER LIHHAL FOGT FOR SUCH CUR3 AND CUTTER CC}NS'TRUGTION AND IM1PROVE1,4ENTS ON E-ACf-I
UNIT OF SiJCH IPv1PROVEMENTS ; $1.50.
Nn-TE: The above and foregoing descriptions shovrn on this roll 3re shown on plat of H. F. Ball,
City Engineer of the City of Paris, Texas, and the plats and description af said propert*es
were filed for record in the ofiice , , <r~ees~me+'rt
, ~ .
~ ~ C~-~i ~a~ •
-A w
Adikk Ah
Section 4. 'Vdhere more than one person, firm cr corporation o%ms an in-
! terest in any properV above described, each said person, firm or corparation
shall be personally liable only for its, his or her pro rata of the total
assessment against such property in proportion as its, his or her respective
interest bears to the total ownership of such property, and its, his or her
respective interest in such property may be released fram the assessment lien
upon payment of such proportionate sum.
Sectiou 5. The several sums above mentioned and assessed against the
respective parcels of property, and the owners thereof, together Nrith reasonable
" attorney's fees and costs of collection, if incurred, are hereby declared to be
and are made a lien upon the respective parcels of property against which the
same are assessed, and a personal liability and charge against the real and
true owners of such property, whether such owner be named herein or not, and
the said liens shall be and constitute an enforceable first and superior lien
thereon, superior to all other liens and claims, except, State, Countv, School
District and City ad volarem taxes.
The respective sums so assessed against such abutting properties and the
owners thereof shall be and become due and payable as follows, to-viit: In
twelve (12) equal monthly installments, the first of which shall be and become
due and payable on or before thirty (30) days from the date of the completion
and acceptance of such improvements in the unit for which the particular
assessment is levied, respectively, and a like installment shall be due and
payable each successive month thereafter until such respective assessments are
paid in full; provided, however, that any owner shall have the right to pay the
entire assessment, nr any installment thereof, before maturity, and provided
further that if default shall be made at the payment of any installment as the
same matures, then the entire amount of the assessment upon which such default
is made shall, at the option of the City of Paris, or its assigns be and become
immediately due and payable, and the entire unpaid balance thereof, together
with reasonable attorney's fees and costs of collection, if incurred, shall be
collectible.
Section 6.Ifdefault shall be made in the payment of any assessment,
collection thereef shall be enforced either by the sale of the property by the
Assessor and Callector af Taxes of said City as nearas nossible in the manner
provided for the sale of property for the non payment of ad valorem taxes, or
at the option of the City of Paris, or its assings, payment af said sums sha11
be enforced by suit in 3ny Court of competerit jurisdiction, and said ;ity shall
exercise a11 of its lawful powers to aid in the enfQrcement and collection of
said assessments.
Sect~ ion 7. The tntal amount assessed against the respective parcels of
abutting property, and the owners thereof, is in accordance with the proceed-
; ings of the City relating to said improvements and assessments therefor, and is:
less than the praportion of the cost allowed ana permitted by the law in farce
in the City. The assessments herein levied are made and levied under and by
virtue of the terms, pawers and provisians of an Act passed at the First Calied
Session of the Fortieth I.egislature of the State of Texas, known as Chapter 106
of the Acts eF said sessian, together with any and all amendments theretc, and
now shown as Article 1105b of Vernon's Texas Civil Statutes.
Section c;. ror the purpose of evidencing the several sums payable by
said res}>eciive property ownErs and the *ime and terms of payment, and to aid
in the enforcement. therecf, assicjnable certifir.at-es shal.] be issued by the Ci.ty
ef Faris upon the completion and acceptance of said work ;7f improvement, which
shall be executed by the (4;ayor, attested by the City C1erk under the impress
of the carporate seal, and shall be payable to the Cit:y cf raris, or its assiqns,
which certificate shall dec.lare the saic:i respect.ive amounts and the time and
terms of payment therecf, ar.d shall contain the name ef ;:he cvrner and the
description of his, her, or its propert.y, as the c«se may be, by lot or blor.k
number or front. feet thereof, n-r sirch other description as may otherwise iden-
tify the same by reTerence to any other fact, anc if saiG property shall be
owmed by an estate, then the desc.ripk.ion thereof as sc owned sha11 be 3ufficient.
And said certificates srall further provide that if default shall be
made in the ,r.ayrner,t of any installment thereon, when due, then at t'he option of
the City of Paris, bein9 the cwner and holder thereof, the whole of said assess-
ment shal.l at once becarne due and nayable and shall be ccllectible, together
" A - Albk
I
with reasonable attorney's :ees ar,d custs of col.lection, if incurred.
And the said certificates sha11 riarthEr set ;orth and evidence the said
, personal liability of the ovrner and the lier uren his premises, and shall p.rc-
, vide that if default sha11 be made in the vayment thereof, the same may be en-
' icrced eit.her by sale of the ;>roperty bv the iax-Assesscr -and Collector of the
Ci#.y of Paris, as aaove recited, or by suit in any Court of competent ;uris-
diction and. said certificates shall further recite that the proceedings with
i reference to the making of said improvements have been regularly had in com-
pliance with the terms of the applicable law, and that all prPrequisites to the'
fixing of the lien and claims of personal liability evider.ced by such certifi-
cates have been performed, which recitals shall be evidence of the facts so
recited ard na furt;her proof thereof shall be required.
The said certificates shall also provide that the amounts payable there-
'under shall be paid tc the Assessor and Collector cf Taxes of i:he Gity of Paris,
who shall credit said payments upQn said certificates, and which payments shall
be by the said Assesscr and Collector of Taxes paid to the City o: Paris or
other holder of any such certifir,ate.
And the said certificates shall furt.her provide that. the City of Paris
shall exercise all l.egal power wren requested so ta dc by 4he holder of said
certificate, to aid in the collectinn thereof.
Full power to make ar.d levy reassessments and tn carrect mistakes,
errors, invalidities or irregularities, either in the assessment or in the cer-
tificates issued in evidence thereof, is in accordance with the law in force in
this City, vested in the City.
Section 9. All assessments leviedare a personal liability and charge
against the real and true owners of the respective properties mentioned and
, described, notwithstanding such owners may not be named or may be incorrectly
named.
Section 10. 'i'he assessments herein made are made and levied hereunder
and by virtue of the terms, powers and provisions of an Act passed by the First
Called Session of the Fortieth L.egislature of the State of Texas, known as
Chapter 106 of the Acts of said Session, with amendments thereto, now knowr, as
Article 1105b of Vernon's Texas Civil Statutes, which said law, as an al.terna-
tive method for the construction of street improvements in the City of Paris,
has been adopted and made a part of the Charter of said City, beiny Section 11,
Article II, of said Charter.
Section 11. The assessments so levied are for the impravements in the
!;particUlar unit upon which the preperty described abuts, and the assessments
for the improvements in one unit are in nowise related to or connected with the
°improvements or assessments in any other unit, and in making assessments and
in holding said hearing the amounts assessed for improvements in one ur.it have
been in nowise affected by any fact in anyvuise connected with the improvements
or the assessments therefor in any other unit.
Sectio,n 12. "I'his ordinance sha11 become effective immediately upon its
passage.
PA5SED and adop,~ed by the unanimous vote of the City Council of the Gity ;
of Paris on this day of June, 1953.
~
PAayor A"I'TES T:
7
City Clerk.