2315 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANCE NO. 2315 ,
AN ORDINANCE DECLARING OF ATCERTAIN STREETOAND DPORR
DERING THE IMPROVEMENT
TION THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND
SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY
MANAGER TO ARATRONI OFFFOINALDEST MATESH NVOKING THE
ING THE PREPA
PROCEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED
TEXAS STATUTES, AND THE CHARTER OF THE CITY OF PARIS,
PARIS, TEXAS, ADOPTING SUCH STATUTE; DETERMINING THAT
A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF PARIS
AND THE BALANCE WNERS THEREOFE ROOV DING FOR THE TING
PROPERTY AND THE O
ASSESSMENT AND THE TIME, TERMS AND CONDITIONS OF PAY-
MENTS 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 WEST I<AUFMAN STREET, FROM A POINT 10 FEET EAST OF
THE SOUTH EAST CORNER OF LOT 1C, BLOCK 9, SPERRY'S
FIRST ADDITION, AND FROM A POINT 10 FEET EAST OF THE
NORTH EAST CORNER OF LOT 6A, BLOCK 9, SPERRY'S FIRST
ADDITION, EACH OF WHICH LIE IN THE WEST PAVEMENT LINE
OF 28TH STREET, S. W., IN A WESTERLY DIRECTION APPROXI-
MATELY 396 FEE^[' TO A POINT 12 FEET WEST OF THE SOUTH
WEST CORNER OF LOT 3C, BLOCK 9, SPERRY'S FIRST ADDITION,
AND A POINT 12 FEET WEST OF THE NORTH WEST CORNER OF
LOT 4A, BLOCI< 9, SPERRY'S FIRST ADDITION, EACH OF WHICH
LIE IN THE EAST PAVEMENT LINE OF 29TH STREET, S. W. ;
AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE
ENACTMENT OF THISECRDINANCE ORDS OF LAOMAR COUNTY, r TEXAOSRTGAGE
OR DEED OF TRUST R
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. That a necessity exists for the permanent improve-
ment of that certain portion of the public street hereinafter listed, by
excavating, grading, paving, constructing valley gutters and constructing
curb, gutter and driveway approaches, and such improvements are here-
by ordered, the portion of such public street to be so improved being
designated and defined as follows, to-wit:
West Kaufman Street, from a point 10 feet East of the South
East Corner of Lot 1C, Block 9, Sperry's First Addition, and
from a point 10 feet East of the North East Corner of Lot 6A,
Block 9, Sperry`s First Addition, each of which lie in the West
pavement line of 28th Street, S. W. , in a Westerly direction
approximately 396 feet to a point 12 feet West of the South
West Corner of Lot 3C, Block 9, Sperry's First Addition,
and a point 12 feet West of the North West Corner of Lot 4A,
Block 9, Sperry's First Addition, each of which lie in the East
pavement line of 29th Street, S. W.
Section 2. Said street and portion thereof shall be paved with
the following type of pavement: An eight inch (8") base of approved
base material with a one and one -half inch (1-1 /2" ) asphalt surface.
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. 1he City Manag fori theei provement work herein
rected to take the necessary steps
described, in accordance with the Charter of the City of Paris and ublic the laws of the State of Texas. r har Dtandt f le with the C~ y Council
the City of Paris is directed to p p
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 h it nh thbe pTOthnm by ShetC ty
hereof and the instructions whlc y g Ven
Council.
Section 4. 7.he City Council of the City of Paris deems it
advisable and hereby determines to proceed under and exercise the Annota powers, terms and provisions of s orticle f the 1105, of ~he C ty of ted
Texas Statutes, and the provision
Paris adopting such statute of the State of Texas.
Section 5. Zhe 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,
all the costs of excavation, base preparation
and paving within street intersections, and not
less than one-third of the costs of excavation,
base preparation and paving of all other portions
of the street involved. In cases where th ~he
City Council may d all or ant dt of ~ her amount
City shall also pay Y Par
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 remain-
ing costs of all such p
portion of isa d street
by the property abutting such
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 pro-
perty abutting thereon and the r a~le in five ~5~ner
thereof shall be and become pay
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 prin-
cipal 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 or 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 released.
Section 7. The City Clerk is hereby directed to cause to be
prepared a notice of e oft Lamar Coudnty, n Texasd, mong he
notice with the County Clerk
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 February, 1977.
~
J es M. rune e, Mayor
A TTEST:
*.C.-G eene, City C erk
APPROVED O FORM:
. . Haynes, City ttorney