2005 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANC E NO. 2005
AN ORDINANCE DECLARING THE NDCESSITY FOR AND ORDERING THE
IMP'Zi- OVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY
OF PARIS; ADOPTING PLANS AND SPDCIFICATIONS FOR SUCH WORK; AU-
THORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK;
DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PRO-
CEDUR E PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS
STATUTFS, 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 ASSFSSMENT AND THE TIME, TERMS AND CONDITIONS
OF PAYMIIVTS AND DEFAULTS OF SUCH ASSFSSMENTS AND PRESCRIBING
THE RATE OF INTERFST THEREON; PROVIDING FOR THE FIXING OF A
LIEN TO SBCURE THE PAYMENT OF SL7CH ASSESSMENTS, ON 20TH STREET,
N. E., FROM A POINT 6 FEET SOUTH OF THE SOUTH EAST CORNER OF
LOT 5, CITY BLOCK NO. 227-E, IN A NORTHERLY DIRECTION APPROXI-
MATELY 433 FEET TO THE NORTH EAST CORNNR OF LOT 10, CITY BLOCK
NO. 227-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 im-
provement of that certain portion of the public street herein-
after listed, by excavating, grading, paving, constructing
storm sewer and storm sewer inlets and constructing curb and
gutter, and such improvement is hereby ordered, the portion of
such public street to be so impYoved being designated and de-
fined as follows, to-wit:
20th Street, N. E., from a point 6 feet South of the
South Ea,st Corner of Lot 5, City Block No. 227-E, in
a Northerly direction approximately 433 feet to the
North East Corner of Lot 10, City Block No. 227-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 lawscf 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
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 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 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
owners thereof, as herein provided, for the costs
of excavation, base preparation and paving, and
of installation of curbs and gutters. The remain-
ing 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 property
in enhance value thereof by means of such improve-
ment. The amounts of such assessments shall con-
stitute a first and prior lien upon all such pro-
perties 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 property abutting thereon and the
real and true owner thereof shall be and become
payable in five (5) equal annual principal in-
stallments, due respectively thirty (30) days
after one (1), two (2), three (3), four (4), and
five (5) years from theda.te of acceptance by the
City, together with interest on each installment
from said date of acceptance until paid at the
rate of six per cent (6176) 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 before maturity thereof by paying the total
amount of the principal of such installment, to-
gether with the interest accxued thereon to the
date of payment.
Further, if default be made in the payment of
any of said installments of principal or in-
terest promptly as the same matures, 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 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 improve-
ments, and if he shall be unable to obtain reasonable satis-
factory 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 con-
struction contract and the lien upon the properties abutting
any such city block and portion of said construction project
fixed by the f iling 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.
Passed and adopted by the City Council of the City of
Paris, in regular session convened, on this the 8th day of
February, 1971.
• 1
,
r
B. M. Felty, Mayor JL_
ATTFST.:
t.... ~ ' 7 .
H. C. G eene, City Clerk
AP VED FORM:
T. Haynes, ty Attorney