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2454 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COP ORDINA NCE NO. 2454 , AN ORDINANCE DECLARING THE NECESSITY FOR AND OR- DERING THE IMPROVEMENT OF A CERTAIN STREET AND POR- TIONS THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND SPECIFICATIONS FOR SUCH WORI<; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECT- ING THE PREPARATION OF FINAL ESTIMATES; 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; 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 PINE MILL ROAD, FROM THE N. E. CORNER OF LOT 11, CITY BLOCK 294, EAST TO THE WEST RIGHT OF WAY LINE OF LOOP 286 N. E., BEING THE N. E. CORNER OF LOT 26, CITY BLOCK 296; AND DIRECT- ING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACT- MENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF 1'RUST RECORDS OF LAMAR COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That a necessity exists for the permanent im- provement of those certain portions of the public street hereinafter listed, by grading, construction of underground drainage facilities, curb and gutter, pavement, construction of sewer and water mains and other appurtenances, and such improvements are hereby or- dered, the portion of such public street to be so improved being de-- signated and defined as follows, to-wit: Pine Mill Road, from the N. E. Corner of Lot 11, City Block 294, East to the West Right of Way Line of Loop 286 N. E. , being the N. E. Corner of Lot 26, City Block 296. Section 2. Said street and portions thereof shall be paved with necessary drainage treatment and with sewer and water mains, all in accordance with the plans and specifications for such im - provements, prepared by Hayter Engineering, Inc. and which will be filed with the City Council. Sect.ion 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. 1he City Engineer 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 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 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 installation, wherever located, if any, all the costs of excavation, base preparation and paving within street intersections, and all of the costs of excavation, base preparation and paving of all portions of the street involved. 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 installation of curbs and gutters. The remaining costs of all such improvements shall be paid by the property abutting such portions 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 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 assessments 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 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 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. Section 6. The City Manager of the City of Paris is hereby authorized to secure and obtain any security lien, or document de- snr.ed, 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 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 construction pro- ject fixed by the filing of notice of the enactment of this ordi- nance 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 special session convened, on this the 18th day of June, 1979. e: 5 0. eE. Ma one, Mayor ATTEST: H. C. Gre ne, ity lerk APP V D A TO ORM: / T. K. aynes, City Attorney