2390 ORD DECLARING NECESSITY FOR ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NO. 2390
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 WORK; 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 THERE-
OF; 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 BLAKE ROAD, FROM
EAST EDGE OF PAVEMENT IN FITZHUGH AVENUE (9TH STREET,
N. E, ) APPROXIMATELY 3500 FEET EASTERLY TO WEST EDGE
OF PAVEMENT IN 20TH STREET, N. E., AND DIRECTING THE
CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS
ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF
TRUST RECORDS OF LAMAR COUNTY, TEXAS.
BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l. That a necessity exists for the permanent improve-
ment of those certain portions of the public street hereinafter listed,
by grading, construction of underground drainage facilities, curb and
gutter, pavement, replacement of inadequate water main and other
appurtenances, and such improvements are hereby ordered, the por-
tion of such public street to be so improved being designated and de -
fined as follows, to-wit:
Blake Road, from East edge of pavement in Fitzhugh
Avenue (9th Street, N. E. ) approximately 3500 feet
Easterly to West edge of pavement in 20th Street, N. E.
Section 2. Said street and portions thereof shall be paved with
the following type of pavement: A 6" lime stabilized subgrade, 8"
crushed stone base and 1-1/2" asphaltic concrete surface course.
Pavement is to be 39 feet in width, measured from back to back of
concrete curb. Drainage is to consist of various lengths of rein-
forced concrete pipe ranging in size from 18" through 54" diameter
and installation of curb inlets and Type Y inlets. Water main re-
placement consists of installation of approximately 2700 linear feet
of 8" water main extending from existing 10" water main in Fitzhugh
Avenue to existing 8" water main in 17th Street, N. E. The plans
and specifications for such improvements, heretofore prepared by
Shimek, Jacobs & Finklea, 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-
scribed, in accordance with the Charter of the City oE Paris and the
laws of the State of Texas. The Director of Public Works 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 b 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 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 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 Council may deem it
j ust and proper, the City shall also pay all or any part
of the amount of any credited adj ustment 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 instaliments 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 pay-
ment. 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 cf 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 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 regular session convened, on this the 12th day of June, 1978.
~
Michael E. Ma one, ayor
A TTEST:
H. C. Greene, City Clerk
APP VED O FORM:
. . Hayne , City Attorney