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.