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:
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. K: a nes, ity ttorney