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2486 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COP ORDINANCE NO. 24i_ OR- AN ORDINANCE DECLARINGA ERTAIN STREETO AND DPOR DERING THE IMPROVEMENT OF PLANS TIONS THEREOF IN THE CITY OF PARIS; NGNTHE CI Y ND SPECIFICATIONS FOR SUCH WORK, AUTHORI DIRECT- MANAGER TO ADVERTISEFO NA IDEST MATESH NWORK; VOKING THE ING THE PREPARATION OF OF, THE VERNON'S PROCEDURE PROVIDED BY ARTICLE OF PARIS, CIVIL STATUTES, AND THE (~~T PARIS, TEXAS, ADOPTING SUCH STATUTE; DETERMINING THAT CITY A PART OF THE COSTS SHALL BE BORB EBORNE BY THEOABUTTING AND THE BALANCE THEREOF SHALL PROPERTY AND THE OWNERS TH R~ ~AND COND TIONSO O PAy- A S S E S S M E N T A N D T H E T I M E , T E CRIB- MENTS AND DEFAULTS OF SUCH A S PROV D NG FOR STHE ING T H E R A T E O F I N T E R E S T T H E REON, F I X I N G OF A LIEN TO SECURE THE PAYMENT OF SU C H ASSESSMENTS, ON 7TH s STREET TO T H OE OUTH BO NDARY BOUNDARY LINE OF BONHAM LINE OF GRAHAM STREET, E ENACTMENT OFHTH SIORDINANCE TO CAUSE A NOTICE OF TH TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF LAMAR COUNTY, TEXAS. BE IT ORDAINED BY Tf-IE CITY COUNCIL OF THE CITY OF PA RIS: Section 1. That a ne exists publ ~r stthe reeteherennafter1pisoted, ment of those certain port ons by grading, construction of storm sewers, drainage inlets, driveway approaches and pavement and other related work, and such improve- t wit et to be so ments are hereby ordet d and defined as such improved betng designa 7th Street, N. W. , from the North Boundary Line of Bonham Street to the South Boundary Line of Graham Street Section 2. Said street and portions thereof shall be paved with 7" re - the following type of pavement: 6" lime stabilized subgrade, inforced concrete base with no wearing surface, or 6" lime stabilized subgrade, 7" asphaltic base with 2" asphaltic concrete hot mix wear- ing surface, or 6" lime stabilized subgrade, 8" soil cement base with 2" asphaltic concrete hot somix rm sewes surface, inlets. nd ~eter. Drainage is to consist of heretofore prepared plans and specifications for such improvements, by Hayter Engineering, Inc. , 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 de-the the scribed, in accordance with thhe CDaTecto~ of Public Worksrof he C ty of l a w s o f t h e S t a t e o f T e x a s. T Paris is directed to prepare and file with the City Council his esti- mate of the total costs of the improvements herein ordered an d t he 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 ad- visable and hereby determines to proceed under and exercise the powers, terms and provisions of Article 1105b, Vernon's Texas Civil Statutes, and the provsions 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 in- volved. In cases where the City Counc em j ust and proper, the City shall also pay alor 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. 1he 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 install- ments at any time before maturity thereof by pay - ing the total amount of the principal of such in- stallment, together with the interest accrued thereon to the date of payment. Further, if de- fault be made in the payment of any of said in- stallments 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 - 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 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 project fixed by the filing of notice of the enactment of this ordinance will be re- leased. 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 January, 1980. Michael E. ~Ione, Mayor A TTEST: ~ H. C. re ne, City Clerk APPROVED S TO FORM: T. K. Haynes, ity Attorney