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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