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2403 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN COP ORDINA NCE NO. 2403 , AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOK- ING THE PROCEDURE PROVIDED BY ARTICLE 1105b, VERNON'S A NNOTA TED TEXA S STA TUTES, A ND THE CHA R TER OF THE CITY OF PA R IS, PA R IS, TEXA S, A DOPTING SUCH STA TUTE ; DE - TERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF PARIS AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND THE 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 ASSESSMENTS, ON 7TH STREET, N. E., FROM THE NORTH BOUNDARY LINE OF EAST CHERRY STREET, NORTHERLY 600 FEET TO ITS DEADEND; BOOTH ALLEY, FROM THE EAST BOUNDARY LINE OF 7TH STREET, N. E., 411.5 FEET TO THE WEST BOUNDARY LINE OF 8TH STREET, N. E. ; AND BOOTH PLACE, FROM THE EAST BOUNDARY LINE OF 7TH STREET, N. E., 157 FEET TO ITS DEADEND; 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 OF LAMAR COUNTY, TEXAS. BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the permanent im - provement of those certain postions of the public streets herein- after listed, by grading, constructing curb and gutter and pavement and replacement of inadequate water main and other appurtenances, and such improvements are hereby ordered, the portions of such public streets to be so improved being designated and defined as follows, to-wit: (a) 7th Street, N. E. , from the North Boundary Line of East Cherry Street, Northerly 600 feet to its deadend. (b) Booth Alley, from the East Boundary Line of 7th Street, N. E. , 411. 5 feet to the West Boundary Line of 8th Street, N. E. (c) Booth Place, from the East Boundary Line of 7th Street, N. E. ,157 feet to its deadend. Section 2. Said streets and portions thereof shall be paved with the following type of pavement: A compacted sub-base, 8 inch crushed stone base and 1-1/2 inch asphaltic concrete surface course. Pavement width in 7th Street, N. E. and Booth Alley is to be 23 feet back to back of curb in 30 foot right-of-way, and pavement width in Booth Place is to be 28 feet back to back oE curb in 40 foot right -of -way. Water main replacement consists of installation of approximately 1250 linear feet of 6" PVC Water Pipe in 7th Street, N. E. , Northerly from Cherry Street to Booth Alley, and Easterly in Booth Alley to 8th Street, N. E. The plans and specifications for such improvements, heretofore prepared by the Department of Public Works 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 di- rected 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 Director 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 amount 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 instructions which may be given him by the City Counci l. 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 statute 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 drainage installations, wherever located, if any, replacement of inadequate water main and other appurtenances, all the costs of excavation, base preparation and paving within street intersections, and not less than one -third of the costs of exca - vation, base preparation and paving of all other portions of the streets involved. In cases where the City Council may deem it j ust and proper, the City sfiall 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 excavation, base preparation and paving, and of installation of curbs and gutters. The remaining costs of all such improvements shall be paid by the property abutting such portions of said streets 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 statutes 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 amounts of such aseessments shall constitute a first and prior lien upon all such pro- perties 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 streets 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 (670) 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 principal of such installment, together with the interest accrued theraon to the date of payment. Further, if default be made in the payment of any of said installments of princi - pal 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, to- gether 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 de- sired, in addition to the paving assessments and certificates au- thorized by law to secure the payment of the respective property owner's part of the costs of improvements, and if he shall be un- able 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 construction project fixed by the filing of notice of the enactment of this ordinance will be released. 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 14th day of August, 1978. 00 ~ ic ael E. Ma one, Mayor A TTEST: 4ames Wilk'ns, cting ity C erk APP OVED S TO FORM: T. I<, aynes, City Attorney