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