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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