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84-045 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COP ORDINANCE N0. 84-045 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY OF PARIS; ADOPTIPIG PLANS AND SPECIFICATIONS FOR SUCH WORK; DIRECTING THE FREPARATION OF FINAL ESTINIATES; INVOKING THE PROCEDURE PROVIDED 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 BALANCE THEREOF SHALL BE BORNE BY THE ABUTTIP3G PROPERTY AND OWNERS THEREOF; PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS OF PAYMEP3TS AND DEFAULTS OF SUCH ASSESSMENTS AND PRESCRIBING THE RATE OF INTEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TU SECURE THE PAYMENT OF SUCH ASSESS1uIENTS, ON SYCAMORE STREET, FROM THE EAST BOUNDARY LINE OF 6TH STREET S.E. EAST TO THE WEST BOUNDARY LINE OF 8TH STREET S.E. APPROXIMATELY 631.23 FEET; AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE GF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED GF TRUST RECORDS OF LANIAR COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the perma- nent improvement of that certain portion of the public street hereinafter listed, by excavating, grading, and paving, and such improvement is hereby ordered, the portion of such public street to be so improved being designated and defined as follows, to-wit: Sycamore Street, from the East boundary line of 6th Street S. E., East to the West boundary line of 8th Street S. E., being approximately 631.23 feet. Sectier. 2. Said street and portion thereof shall be improved with paving. The plans and specifications for such improvements, heretofore prepared under direction of the City Engineer of the City of Paris, and now on file with the City Council, are hereby, in all things, approved. Section 3. The City Manager is hereby authorized and directed to take the necessary steps for the improvement work herein described, in accordance with the Charter of the City of Paris and the laws of the State of Texas. The Uirector of Public Works of the City of Paris is directed to prepare and file with the City Council his estimate of the total costs of the improvements herein ordered and the total ar.iount of the part of the costs thereof to be paid by the City of Paris, in accordance with the provisions of Section 5 hereof and the instruct.ions which may be given him by the City Council. Section 4. 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 5. The costs of said improvements shall be paid as follows, to-wit: (a) The City of Paris shall pay all of the costs of engineering and two courses of asphalt sealant with coverstone placed thereon. In cases where the City Council may deem it just and proper, the City shall also pay all or any part of the amount of any credited adjustment which may be allowed in the assessment of abutting properties and the owners thereof, as herein provided, for the costs of paying. The remaining costs of all such improvements shall be paid by the property abutting such portion of said street and the owners thereof. (b) The remainder of the costs of such improvements 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 improve- ment. The amount 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 installments as follows: when the improvements herein ordered for the street designated above and portions thereof have been completed and accepted by the City of Paris, 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, 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 installments at any time before maturity thereof by paying the total amount of the princi- pal 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. Section 6. 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, and if he shall be unable to obtain reasonable satisfactory security as to any abutting property or owner, the whole city block to which the frontage of any such property or properties belong may be by him deleted from the construction contract and the lien upon the properties abutting any such city block and portion of said con- struction project fixed by the filing of notice of the enactment of this ordinance will be release. Section 7. 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, in regular session convened, on this the llth day of June, 1984. 06U At"DL-L J Jo ra am, Mayor ATTEST: H. , r ene, ity er APPROVED AS TO FORM: ~ - ~ . K: a nes, ity ttorney