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