1440 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REOPRT OF DIRECTOR OF PUBLIC WORKS

Home Browse Search

Section 3. A portion of the costs of said improvements shall be paid by and defrayed by the City of Paris, Texas, and a portion pf the costs thereof shall be assessed against and paid by the property abutting upon said streets within the limits above defined, and the real and true owners thereof, in accordance with and in the manner provided by Article 1105b, Revised Civil Statutes of Texas, 1925, as amended, and adopted by the Charter of the City of Paris, Texas; and the total cost of said im- provements on said streets, as hereinabove described, shall be, and the same is hereby apportioned between said parties and shall be paid and de- frayed as follows: (a) The City shall pay all of the costs of drainage installations, if any, all the costs of excavation, base preparation and paving within street intersections, and not less than one-third of the costs of excava- tion, base preparation, and paving of all of the portions of said streets; in cases where the City Council may deem it just and proper, the City shall pay all or any part of the amount of any credited adjustment which may be allowed in the assessment of abutting properties and the owner thereof for the costs of excavation, base preparation and paving and of installation of curbs and gutters. The r emaining costs of all such im- provements shall be paid by the property abutting such portion of said streets and the owners thereof in accordance with the Charter of the City of Faris and the statutes of Texas, hereinabove referred to. (b) No assessment shall be made against any abutting property or the real and true owners thereof for the costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in in- stallments as follows: When the improvements herein ordered for the streets designated above have been completed and accepted by the City of Paris, the amount of the assessment again5t each property abutting thereof and the real and true owner thereof shall be and become payable in five (5) equal annual installments, due respectively 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 each installment from said date of acceptance until paid at the rate of six per cent (6%) per annum, payable annually; provided, however, that the o wners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of the principal of such installments, together vrith the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said in- stallments of principal or interest promptly as the same mature, then at the option of the City of Faris, the entire amount of the assessment upon which default is made, together with reasonable attorneyts fees and all collection costs incurred, shall be and become immediately due and payable. Section 4. A hearing shall be held and given to the real and true owners thereof, and all owning or claiming any interest in any property abutting upon said streets within the limits above defined as to the assess- ments and as to the arnount to be assessed against each parcel of abutting property and the real and true owners thereof as to the special benefits, if any, to said property to be received from said improvements, and concern - ing any error, invalidity, or irregularity in any proceedings or contract with reference thereto, which hearing shall be held by the City Council of Paris, Texas, at 7:00 otclock P. M., on the 14th day of Apri1, A. D., 1958, at which time and place all persons, firms, corporations, or estates owning or claiming any such abutting property, or interest therein, their agents, or attorneys shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and the City Manager of the City of Paris, Texas, is hereby directed to give notice of said hearing by publica- tion of notice in the Paris News, a newspaper of general circulation in the City of Paris, Texas; said notice shall be published at least three times in said newspaper before the date set for hearing, the first of which shall be at least ten days prior to the date of said hearing, and such notice by publication shall be valid and sufficient, without any further form or character of notice. Seetion 5. Following such hearing as above provided, assessments will be levied against such abutting property and the real and true owners thereof, as hereinabove specified and provided, to be payable as herein- above specified and provided.