2019 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANC E NO. 2019
AN ORDINANCE DECLARING THE NFCESSITY FOR AND ORDERING THE
PAVING OF A CFRTAIN STREET AND PORTION THERFAF IN THE CITY OF
PARIS; APPROVING PLANS AND SPBCIFICATIONS FOR SUCH WURK; AU-
THORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK;
DIRFCTING THE PREPARATION OF FINAL ESTIMATFS; INVOKING THE PRO-
CEDURE 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 THIIZEOF
SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THEREUF;
PROVIDING FOR THE ASSFSSMENT AND THE TIME, TERMS AND CONDITIONS
OF PAYMENTS AND DEFAULTS OF SUCH ASSFSSMENTS AND PRESCRIBING
THE RATE OF INTEREST THNREON; PROVIDING FOR THE FIXING OF A
LIEN TO SECURE THE PAYMENT OF SUCH ASSFSSMENTS, ON 27TH STREET,
N. W., FROM THE NORTH BOUNDARY LINE OF BONHAM STREET TO THE
SOUTH BOUNDARY I;INE OF GRAHAM STREET; AND DIRDCTING THE CITY
CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO
BE FILED IN THE MORTGAGE OR DEED OF TRUST RDCORDS OF LAMAR
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
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 con-
crete valley gutter and miscellaneous concrete structures, and
such improvement is hereby ordered, the portion of such public
street to be so improved being designated and defined as
follows, to-wit:
27th Street, N. W., from the North Boundary Line of
Bonham Street to the South Boundary Line of Graham
Str eet .
Section 2. Said street and portion thereof shall be paved
with the following type of pavement: A gravel base and a double
seal of asphalt penetration surfacing, including a concrete
valley gutter at West Houston Street. The plans and specifica-
tions for such improvements, heretofore prepared by the
Department of Public Works of the City of Paris, and now an file
with the City Council, are hereby, in all things, approved.
Section 3. The City Manager is hereby authorized and di-
rected 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 cost 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.
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, to gether 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 here-
by authorized to secure and obtain any security lien, or docu-
ment desired, in addition to the paving assessments and certi-
ficates authorized by law to secure the payment of the re-
spective 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 or dinance, and to
file said notice with the County Clerk of Lamar County, Texas,
aznong 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 lOth day of
May, 1971.
A1°1'h','5T '
-
H. C. Gr•eene, City Clerk
APP V D SFORM:
~
T. . Hayne , City Attorney
'~O
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 Statutein ~dchhstatuteSOfnthefStthe ateCofrTexas~
the City of Par1s adopt g
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, bas:e 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 abuttin g properties and the
owners thereof, as herein provided, for the ~hetre-
of excavation, base preparation and paving.
maining costs of all such improvements shall be
paid by the property abutting such portion of said
street and the owners thereof.
(b) The remain der 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 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 desig-
nated above and portions thereof have been com-
pleted and accepted by the City of Paris, the
amount of the assessment against each property
abuttin g thereon 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), four (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
(6176) 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 time before maturity
thereof by paying the total amount of the principal
of such installment, together with th e interest
accrued thereon to the date of payment. Further,