2248 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND HIGHWAY AND PORTION THEREOF IN COPORDINANCE NO. 2248 .
AN ORDINANCE DECLARING THE NECESSITY FOR AND OR -
DERING THE IMPROVEMENT OF A CERTAIN STREET AND HIGH-
WAY AND PORTION TI-E REOF IN THE CITY OF PARIS; APPROVING
PLANS AND SPECIFICATIONS PREPARED BY THE TEXAS HIGHWAY
DEPARTMENT AND APPROVED BY THE DIRECTOR OF PUBLIC
WORKS; APPROVING ESTIMATE OF APPROXIMATELY $2. 70 PER
FRONT FOOT FOR CURB AND GUTTER, BASED UPON BIDS HERE-
TOFORE ADVERTISED FOR AND RECEIVED BY THE TEXAS
HIGHWAY DEPARTMENT; 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; 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 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 F. M. HIGHWAY NO. 1507, FROM THE
EAST BOUNDARY LINE OF STATE HIGHWAY 19 AND 24, EAST
TO THE EAST BOUNDARY LINE OF PARIS INDEPENDENT SCHOOL
DISTRICT PROPERTY, l. 585 MILES; 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, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l. That a necessity exists for the permanent improve-
ment of that certain portion of the public street and highway herein-
after listed, by cooperating with the Texas Highway Department 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, to-wit:
F. M. Highway No. 1507, from the East Boundary Line of
State Highway 19 and 24, East to the East Boundary Line
of Paris Independent School District Property, 1. 585 miles.
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 prepared by the
Texas Highway Department, 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 Texas Highway Department
has heretofore advertised for and received bids for the construction
of said improvements and has estimated the cost per front foot for
said curb and gutter to be approximately $2.70.
Section 3. The City Council of the City of Paris deems it
advisable and hereby determines 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 $2. 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 owner
thereof for costs in excess of the benefits to such
property in enhance value thereof by means of such
improvement. The 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 Texas Highway Department, 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 Texas Highway
Department, together with interest on each installment
from said date of acceptance until paid at the rate of
six per cent (670) per annum, payable annually; pro-
vided, 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 in-
stallment, together with the interest accrued thereon
to the date of payment. 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 of the
assessment upon which default is made, together with
reasonable attorney's fees and all collection costs in-
curred, shall be and become immediately due and
payable.
(b) That all of the remaining costs of the Tmprovements
to said street and highway shall be paid by the City of
Paris and the State of Texas in accordance with an
agreement made the 14th day of May, 1974, between
the City of Paris and the State of Texas, which was
authorized by City of Paris, Paris, Texas, Resolution
No. 1613, and Texas Highway Commission Minute
Order No. 65668, dated December 1, 1971.
Section 5. 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.
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
regular session convened, on this the 13th day of October, 1975.
APP OVE TO FORM:
T. Haynes, ity ttorney