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87-043 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COP ORDINANCE N0, 87-043 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY OF PARIS; CONFIRMING THE APPROVAL OF PLANS AND SPECIFICATIONS PREPARED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND APPROVED BY THE ENGINEERING DEPARTMENT OF THE CITY OF PARIS; APPROVING ESTIMATE OF APPROXIMATELY $7.00 PER FRONT FOOT FOR CURB AND GUTTER, BASED UPON THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE CITY ENGINEERING DEPARTMENT'S ESTI- MATES; INVOKING THE PROCEDURE PROVIDFD BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS STATUTES, AND THE CHARTER OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF PARIS AND THE STATE OF TEXAS, AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THEREOF; PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS AND PRESCRIBING THE RATE OF INTEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESS- MENTS, ON COLLEGIATE DRIVE FROM 70 FEET SOUTH OF THE CENTER LINE OF THE SOUTH LANE OF LOOP 286 N.F., SOUTHERLY 460.2 FEET TO THE NORTH BOUNDARY LINE OF LOT 2, BLOCK 3, TOWN NORTH ESTATES AND FROM A POINT APPROXIMATELY 5 FEET NORTH OF THE SOUTH PROPERTY LINE OF LOT 20, BLOCK 2, TOWN NORTH ESTATES, SOUTHERLY 2939 FEET TO THE NORTH EDGE OF THE PAVEMENT OF LAMAR AVE; AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS QF LAMAR COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the perma- nerit improvement of that certain portion of the public street hereinafter listed, by cooperating with the State Department of Highways and Public Transportation in the by excavating, grading, and paving of said public street and highway, and providing for curb and gutter on each side of said street and highway and providing for storm sewer, and such improvement is hereby ordered, the portion of such public street and highway to be so improved being designated and described as follows, to-wit: Collegiate Drive from 70 feet South of the center line of the South lane of Loop 286 N.E., Southerly 460.2 feet to the North boundary line of Lot 2, Block 3, Town North Estates and from a point approximately 5 feet North of the South property line of Lot 20, Block 2, Town North Estates, Southerly 2939 feet to the North edge of the pavement of Lamar Ave. Section 2. Said street and highway and portion thereof shall be improved with curb and gutter, storm sewer and paving. The plans and specifications for such improve- ments, heretofore prepared by the State Department of Highways and Public Transportation, and furnished to the Engineering Department of the City of Paris and now on file with the City Council, were approved in by the City Council in Resolution 87-051, on the llth day of May, 1987, and such approval is hereby confirmed. The State Department of Highways and Public Transportation and the Engineering Department of the City of Paris have estimated the cost per front foot for curb and gutter to be approximately $7.00. Section 3. The City Council of the City of Paris deems it advisable and hereby determines to proceed under and exercise the powers, terms and provisions of Article 1105b, Vernon's Annotated Texas Statutes, and the provisions of the Charter of the City of Paris adopting such statue of the State of Texas. Section 4. The costs of said improvements shall be paid as follows, to-wit: (a) The costs of the curb and gutter, in the approxi- mate amount of $7.00 per center line front foot, assession on a front foot basis, shall be assessed against the respective abutting properties and the real and true owners thereof in accordance with the statues of Texas and the Charter of the City of Paris herein referred to. No assessment 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 amount of such assessments shall constitute a first and prior lien upon all such properties and a personal Ziability of the real and true owners thereof, whether correctly named or not, and shall be payable in installments as follows: When the improvements herein ordered for the street and highway designated above and portions thereof have been completed and accepted by the City of Paris and the State Department of Highways and Public Transportation, 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 principal 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 of Paris and the State Department of Highways and Public Transportation, 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 owners of any of said property shall have the privilege of paying all or any of said install- ments at any time before maturity thereof by paying the total amount of the principal of such installment, together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest 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 attorney's fees and all collection costs incurred, shall be and become immediately due and payable. (b) That all of the remaining costs of the improve- ments to said street and highway shall be paid by the City of Paris and the State of Texas in accordance with City of Paris Resolution No. 87-073 passed on July 13, 1987, City of Paris Resolution No. 83-063 passed on September 12, 1983, and State Department of Highways and Public Transportation Minute Order No. 81169 00015, dated August 25, 1983. Section 5. The City Manager of the City of Paris is hereby authorized to secure and obtain any security lien, or document desired, in addition to the paving assessments and certificates authorized by law to secure the payment of the respective property owner's part of the costs of improve- ments. Section 6. The City Clerk is hereby directed to cause to be prepared a notice of enactment of this ordinance and to file said notice with the County Clerk of Lamar County, Texas, among the Mortgage or Deed of Trust Records of said County. Passed and adopted by the City Council of the City of Paris on this the 19th day of August, 1987. Bil e urnett, Mayor ATTEST: Bar ara Denny, Assistan City Clerk APP OVED A 0 FORM: _ c:c T. K. aynes, City Attorney