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2127 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREETS AND PORTIONS THEREOF IN COPORDINANCE NO. 2127 AN ORDINANCE DFCLARING THE NFxFSSITY FOR AND ORDERING THE PAVING OF CERTAIN STREETS AND PORTIONS THEREOF IN THE CITY OF PARIS; APPROVING PLANS AND SPBCIFICATIONS FOR SUCH WORK; AUTHORIZ- ING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECT- ING THE PREPARATION OF FINAL ESTIMATFS; INVOKING THE PROCE,DURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TFXAS 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 THER EOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THIIREOF; PROVIDING FO1Z THE ASSFSS- MENT AND THE TIME, TERMS AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS AND PRFSCRIBING THE RATE OF INTEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SDCURE THE PAYMFNT OF SUCH ASSESSMENTS, ON WFST BRAME STREET, FROM THE WFST BOUNDARY LINE OF 25TH STREET, S. W., WEST APPROXIMATFLY 851 FEET TO THE WFST BOUNDARY LINE OF LOT 8, BLOCK C, AND LOT 17, BLOCK D, PORTER'S SDCOND ADDITION, AND WEST SHERMAN STREET, FROM THE WEST BOUNDARY LINE OF 25TH STREET, S. W., WEST APPROXIMATFLY 861 FEET TO THE WEST BOUNDARY LINE OF LOT 13, BLOCK A, PORTER'S FIRST ADDITION, AND LOT 1, BLOCK C, PORTER'S SECOND ADDITION; AND DIR DCTING THE CITY CLERK TO CAUS E A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGA.GE OR DEED OF TRUST RECORDS OF LANIAR COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That a necessity exists for the permanent im- provement of those certain portions of the public streets herein- after listed, by excavating, grading, paving, constructing ditches and miscellaneous concrete structures, and such improvement is hereby ordered, the portions of such public streets to be so im- proved being designated and defined as follows, to-wit: (a) West Brame Street, from the West Boundary Line of 25th Street, S. W., West approximately 851 feet to the West Boundary Line of Lot 8, Block C, and Lot 17, Block D, Porter's Second Addition. (b) West Sherman Street, from the West Boundary Line of 25th Street, S. W., West approximately 861 feet to the West Boundary Line of Lot 13, Block A, Porter's Fi:rst Addition, and Lot l, Block C, Porter's Second Addition. Section 2. Said streets and portions thereof shall be paved with the following type of pavement: A six inch (611) white rock base and a double seal of asphalt penetration surfacing. The plans and specifications for such improvements, heretofore pre- pared 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. 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 of Paris and the laws of the State of Texas. The Director of Pu.blic 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 5 hereof and the instructions which may be given him by the City Council. Section 4. The City Council of it advisable and hereby determines to cise the powers, terms and provisions Vernon's Annotated Texas Statutes, an Charter of the City of Paris adopting State of Texas. he City of Paris deems proc eed under and exer - of Article 1105b, the provisions of the such statute of the 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 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 the City Council may deem it just and proper, the City shall also pay all or any part of the amount of any credited adjustment which may be allowed in the assessment of abutting properties and the own.ers thereof, as herein provided, for the costs of excavation, base preparation and paving. The remaining costs of all such improvements shall be paid by the property abutting such portion of said streets 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 prop erty 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 streetsdesig- nated above and portions thereof have been com- pleted and accepted by the City of Paris, the amount of the assessment against each property abuttingthereon and the real and true owner thereof shall be and become payable in five (5) equal annual principal installments, due re- spectively thirty (30) days after one (1), two (2), three (3), f'our (4), and five (5) years from the date of acceptance by the City, together with in- terest on each installment from said date of acceptance until paid at the rate of six per cent (6%) per annum, payable annually; provided, how- ever, that the owners of any of said property shall have the privilege of paying all or any of said installments at any tirr+e before maturity thereof by paying the total amount of the principal 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 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 reason- able attorney's fees and all collection costs in- curred, 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 desired, in addition to the paving assessments and certificates authorized 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 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. APPROVED O FORM : T. K. Haynes, City Attozney ,P. . C- 1 L Passed and adopted by the City Council of the City of Paris, in regular session convened, on this the 8th day of January, 1973.