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2198 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANCE NO. 2198 . AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDER- ING THE IMPROVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND SPECIFICA- TIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO AD- VERTISE FOR BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOI<ING 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 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 EAST CHERRY STREET, FROM THE SOUTH WEST CORNER OF LOT 2A, CITY BLOCK 258A, AND THE NORTH WEST CORNER OF LOT 1, BLOCK A, FRY ADDITION, EACH OF WHICH LIE IN THE EAST BOUNDARY LINE OF 20TH STREET, N. E., IN AN EASTERLY DIRECTION APPROXIMATELY 1889 TO THE SOUTH EAST CORNER OF LOT 5, CITY BLOCK 258, AND THE NORTH EAST COR- NER OF LOT 8B, CITY BLOCK 257A, EACH OF WHICH LIE IN THE WEST BOUNDARY LINE OF 25TH 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the permanent improvement of that certain portion of the public street hereinafter listed, by excavat- ing, grading, paving, constructing storm sewer and storm sewer inlets and constructing curb and gutter, and such improvement is hereby order- ed, the portion of such public street to be so improved being designated and defined as follows, to-wit: East Cherry Street, from the South West Corner of Lot 2A, City Block 258A, and the North West Corner of Lot 1, Block A, Fry Addition, each of which lie in the East Boundary Line of 20th Street, N. E. , in an Easterly direction approximately 1889 feet to the South East Corner of Lot 5, City Block 258, and the North East Corner of Lot 8B, City Block 257A, each of which l.ie in the West Boundary Line of 25th Street, N. E. Section 2. Said street 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 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 described, in accordance with the Charter of the City of 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 accord- ance 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 the City of Paris deems it advis - able 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 adopt- ing 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 dra.inage 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 propert.ies and the owners thereof, as herein provided, for the costs of excavation, base preparation and paving, and of installation of curbs and gutters. The remaining costs of all such improvements shall be paid by the property abutting such portion 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 pro- perty in enhance value thereof by means of such im - provement. The amounts of such assessments shall con- stitute 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 designated above and portions thereof have been completed and accepted by the City of Paris, the amount of the assessment against each pro- perty 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, to- gether with interest on each installment from said date of acceptance until paid at the rate of six per cent (670) 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 installments at any time be- fore 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 install- ments 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 incurred, shall be and become immediately due and payable. Section 6. The City Manager of the City of Paris is hereby au- thorized 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 reason- able satisfactory security as to any abutting property or owner, the whole city block to which the frontage of any such property or proper- ties 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 enact- ment 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. Passed and adopted by the City Council of the City of Paris, in regular session convened, on this the 14th day of October, 1974. ATTEST: H. C. Gr ne, City Clerk Q~_ ___YVI J m s . 13 runet , ayor ` v J_POVED O FORM: T. I<, ay es, ty ttorney