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1991-074-RES WHEREAS, the renewing the 10th 10th Street S.E.'s City of Paris has completed a project Street S.E. sewer RESOLUTION NO. 91-074 WHEREAS, the renewing the 10th 10th Street S.E.'s City of Paris has completed a project Street S.E. sewer main in the vicinity of intersection with Austin Street; and, WHEREAS, it is an appropriate time to repair 10th Street S.E. as damaged by such construction in conjunction with an annual improvement project on Austin Street between 10th Street S.E. and 12th Street S.E.; and WHEREAS, there are three tracts of land in the vicinity of 10th Street S.E. 's intersection with Austin Street which have never had curb and gutter; and, WHEREAS, all three property owners of such tracts are agreeable to paying their front foot share of the construction of same. The St. Joseph's Hospital has contracted direct with the contractor who is doing the work for the City of Paris and William J. Bone and Noel Philley have agreed to pay their proportionate share in accordance with the Agreements in Lieu of Curb and Gutter Assessment attached hereto as Exhibit's A and B respectively; and, WHEREAS, the handling of this matter by agreement will facilitate the project and avoid the assessment process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF that the form of Agreements in Lieu of Curb and Assessment attached hereto as Exhibits A and B, are approved; and, PARIS, Gutter hereby BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Agreements in Lieu of Curb and Gutter Assessment with William J. Bone and Noel Ph i lley, upon the terms and cond i t ions and in the form shown in Exhibits A and rl attached hereto. Passed and adopted this 11th day of July, 1991. ~ I~ Geo~Sher, Hayor ATTEST: ~~\'~l~~ M..d-r-;.a r_l1nninph,qm. City cl AGREEMENT IN LIEU OF CURB AND GUTTER ASSESSMENT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, George Fisher, duly authorized, hereinafter called CITY and WILLIAM J. BONE, hereinafter called BONE do hereby contract and agree as follows: 1. That BONE is the real and true owner of Lot 11, City Block Ill. 2. In consideration of the construction of 106 feet of curb and gutter along the South Boundary Line of the above described lot, which abutes the North Boundary Line of East Austin Street, known as Lot 11, City Block Ill, BONE promises to pay to CITY at Paris, Texas, the sum of Nine Hundred Fifty-Four and No/IOO ($954.00) DOLLARS, payable on or before the 1st day of August, 1992. Executed this ____ day of July, 1991. CITY OF PARIS BY: George Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration t~rein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of Juljl, 1991. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared William J. Bone, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of July, 1991. Notary Public, State of Texas Printed Name: My commission expires: AGREEMENT IN LIEU OF CURB AND GUTTER ASSESSMENT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and througb its Mayor, George Fisher, duly authorized, hereinafter called CITY and NOEL PHILLEY, hereinafter called PHILLEY do bereby contract and agree as follows: 1. That PHILLEY is the real and true owner of Lot 7, City Block 111. 2. In consideration of the construction of 75 feet of curb and gutter along the South Boundary Line of Austin Street and the East Boundary Line of 10th S.E. Street, which PHILLEY promises to pay to CITY at Par is, Texas, the sum of Six Hundred Seventy-Five and No/!OO ($675.00) DOLLARS, payable on or before the 1st day of August, 1992. Executed this day of July, 1991. CITY OF PARIS BY: George Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of July, 1991. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Noel Philley, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this July, 1991. day of Notary Public, State of Texas Printed Name: My commission expires: