2038 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND HIGHWAY AND PORTION THEREOF IN COPORDINANC E NO. 2038
AN ORDINANCE DDCLARING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF A CERTAIN STREET AND HIGHLVAY AND PORTION THEREOF
IN THE CITY OF PARIS; APPROVING PLANS AND SPECIFICATIONS PRE-
PARED BY THE TEXAS HIGHWAY DEPARTMENT AND APPROVED BY THE
DIRDCTOR OF PUBLIC WORKS; APPROVING ESTIMATE OF APPROXIMATFLY
$1.81 PFR FRONT FOOT FOR CURB AND GUTTER, BASED UPON BIDS HERE-
TOFORE ADVERTISED FOR AND RECEIVED BY THE TEXAS HIGHWAY
DEPARTMENT; INVOKING THE PROCEDURE PROVIDED BY ARTICLE 1105b,
VERNON' S ANNOTATED TF.XE3S 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
STATE OF TEXAS, AND THE BALANCE THEREOF SHA.I.L BE BORNE BY THE
ABUTTING PROPERTY AND 0[nTNERS THEREOF; PROVIDING FCR THE ASSESS-
MENT AND THE TIME, TIIRMS AND CONDITIONS OF PAYMENTS AND DE-
FAULTS OF SUCH ASSESSMENTS AND PRESCRISING THE RATE OF INTERFST
THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAY-
MENT OF SUCH ASSESSMENTS, ON U. S. HIGHVJAY 271, NOtZTH, NORTH
MAIN STREET, BEGINNING NORTH OF LOOP 286 NORTH, AT U. S. HIGHWAY
271, NORTH, STATION NO. 58, AND PROCEEDING NORTH APPROXIMATELY
1,672 FEET TO THE NORTH CITY LIMIT LINE OF THE CITY OF PARIS;
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
RDCORDS OF LAMAR COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS2
PARIS, TEXAS:
Section 1. That a necessity exists for the permanent im-
provement of that certain portion of the public street and
highway hereinafter listed, by cooperating with the Texas Highway
Department in the widening and shaping of said public street and
highway, and providing for curb and gutter on each side of said
street and highway and providing for storm sewer and paving, and
such improvements are hereby ordered, the portion of such public
street and highway to be so improved being designated and de-
scribed as follows, to-wit:
U. S. Highway 271, North, North Main Street,
beginning North of Loop 286 North, at U. S.
Highway 271, North, Station No. 58, and pro-
ceeding North approximately 1,672 feet to
the North City Limit Line of the City of Paris.
Section 2. Said street and highway 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 Texas Highway Department, and furnished to the
Department of Public Works of the City of Paris, and now on
file with the City Council, are hereby, in all things, approved.
The Texas Highway Department has heretofore advertised for and
received bids for the construction of said improvements and has
estimated the cost per front foot for said curb and gutter to be
approximately $1.81.
Section 3. 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 4. The costs of said improvements shall be paid
as follows:
(a) The costs of the curb and g.ztter, in the approxi-
mate amount of $1.81 per center line front foot,
assessed on a front foot basis, sh all 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 atnounts 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 nam.ed or not, and shall be pay-
able in installments as follows: When the im-
provements herein ordered for the street and
highway designated above and portions thereof have
been completed and accepted by the City of Paris
and the Texas Highway Department, the amount of
the assessment against each property abutting
thereon and the real an d 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 of Paris and the Texas
Highway Department, together with interest on
each installment from said date of acceptance
until paid at the rate of six per cent (6107o) 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 install-
ments at any time before maturity thereof by pay-
ing the total amount of the principal of such
installment, together with the interest accrued
thereon to the date of payment. Further, if de-
fault be made in the payment of any of said in-
stallments 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.
(b) That all of the remaining costs of the improvements
to said street and highway shall be paid by the
City of Paris and the State of Texas in accordance
with an agreement made the 9th day of December,
1968, between the City of Paris and the State of
Texas, which was authorized by City of Paris,
Paris, Texas, Resolution No. 1292, and Texas
Highway Commission Minute Order No. 60312, dated
December 16, 1967.
Section 5. 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 certifi-
cates authorized by law to secure the payment of the respective
property owner's part of the costs of improvements.
Section 6. 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 12th day of
July, 1971.
t
W. Farris, Mayor
ATTFST :
,
H. C. Gr ene, City Clerk
APPNOV$D,.KS /t0 FORM :
T. K. (HaylSes,A`i-Ey Attorney