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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