2470 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND HIGHWAY AND PORTION THEREOF IN COP
ORDINANCE NO. 2470
AN ORDINANCE DECLARING THE NECESSITY FOR AND
ORDERING THE 1MPROVEMENT OF A CERTAIN STREET AND
HIGHWAY AND PORTION THEREOF IN THE CITY OF PARIS;
APPROVING PLANS AND SPECIFICATIONS PREPARED BY THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION AND APPROVED BY THE DIRECTOR OF
PUBLIC WORKS; APPROVING ESTIMATE OF APPROXIMATELY
$7. 70 PER FRONT FOOT FOR CURB AND GUTTER, BASED
UPON THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION AND THE CITY ENGINEER'S ESTIMATES;
INVOKING THE PROCEDURE PROVIDED BY ARTICLE 1105b,
VERNON'S ANNOTATED TEXAS STATUTES, AND THE CHARTER
OF THE CITY Or PARIS, PARIS, TEXAS, ADOPTING SUCH STA-
TUTE; DETERMINING THAT A PART OF THE COSTS SHALL BE
BORNE BY THE CITY OF PARIS AND THE STATE OF TEXAS,
AND THE BALANCE THEREOF SHALL BE BORNE BY THE
ABUTTING PROPERTY AND OWNERS THEREOF; PROVIDING
FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDI-
TIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS
AND PRESCRIBING THE RA"I'E OF INTEREST THEREON; PRO-
VIDING FOR THE FIXING OF A LIEN TO SECURE THE PAY-
MENT OF SUCH ASSESSMENTS, ON STATE HIGHWAY 24, FROM
THE NORTH BOUNDARY LINE OF EVERGREEN STREET,
SOUTHERLY 5,900 FEET TO THE SOUTH CITY LIMIT LINE,
AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF
THE ENACTMENT OF THIS ORDINANCE TO BE FILED AMONG
THE RECORDS OF THE COUNTY CLERK OF LAMAR COUNTY,
TEXA S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS:
Section 1. That a necessity exists for the permanent im-
provement of that certain portion of the public street and highway
hereinafter listed, by cooperating with the State Department of
Highways and Public Transportation in the widening, shaping and
partial relocation of said public street and highway, and providing
for curb and gutter on each side of said street and highway and
providing for storm sewer and paving, and such improvements
are hereby ordered, the portion of such public street and highway
to be so improved being designated and described as follows:
State Highway 24, from the North Boundary Line
of Evergreen Street, Southerly 5, 900 feet to the
South City Limit Line
Section 2. Said street and highway and portion thereof shall
be improved with curb and gutter, storm sewer and paving. The
plans and specifications for such improvements, heretofore pre -
pared by the State Department of Highways and Public Transportation,
and furnished to the Department of Public Works of the City of
Paris, and now on file with the City Council, are hereby, in all
things, approved. The State Department of Highways and Public
Transportation and the City Engineer have estimated the cost per
front foot for curb and gutter to be approximately $7. 70.
Section 3. I'he City Council of the City of Paris deems it
advisable and hereby determ.ines 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 4. The costs of said improvements shall be paid
as follows:
(a) The costs of the curb and gutter, in the approximate
amount of $7.70 per center line front foot, assessed
on a front foot basis, 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 owners
thereof for costs in excess of the benefits to such
property in enhance value thereof by means of such
improvement. Zhe amounts 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
and highway designated above and portions thereof
have been completed and accepted by the City of Paris
and the State Department of Highways and Public
Transportation, 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 of Paris and the State Department of
Highways and Public Transportation, together with in-
terest on each installment from said date of acceptance
until paid at the rate of six per cent (6170) 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. Fur, -
ther, 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 de-
fault is made, together with reasonable attorney's
fees and all collection costs incurred, shall be and
become immediately due and payable.
(b) That all of the remaining costs of the improvements
to said street and highway shall be paid by the City of
Paris and the State of Texas in accordance w ith
City of Paris Resolution No. 1934, passed May 19,
1979, and State Department of Highways and Public
Transportation Minute Order No. 75534, dated
March 26, 1979.
Section 5. The City Manager of the City of Paris is hereby
authorized to secure and obtain any security item, 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.
Section 6. 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.
Passed and adopted by the City Council of the City of Paris,
in special session convened, on this the 22nd day of October, 1979.
.
.
M'ichael E. Malone, Mayor
A TTEST:
~
H_'~~¢'~-
. C. Gr ne, City Clerk
AP OV ~ TO FORM:
T. K. ayne , City Attorney