1916 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NO. 1916_y
AN ORDINANCE DDCLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF A CERTAIN STREET AND PORTIONS THEREOF IN THE CITY OF
PARIS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AU-
THORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK;
DIRECTING THE PR EPARATION OF FINAL FSTIMATES; INVOKING THE PRO-
CEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS STA-
TUTFS, AND THE CHARTER OF THE CITY OF PARIS, PARIS, TEXAS,
ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS SHAI,L
B E BORN E BY THE C I TY OF PAR I S AND THE BALANC E TH ER EOF SHALL B:E
BORNE BY THE ABUTTING PROPEKTY AND OWNERS THEREOF; PROVIDING FOR
THE ASSESSMENT AND THE TIME, TERMS, AND CONDITIONS OF PAYMENTS
AND DEFAULTS OF SUCH ASSFSSMENTS AND PRESCRIBING THE RATE OF IN-
TEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE
PAYMENT OF SUCH ASSESSMENTS, ON CARDINAL LANE, FROM ITS INTER-
SECTION WITH THE WEST BOUNDARY LINE OF 36TH STR EET, S. E., IN A
WFSTERLY DIRECTION APPROXIMATELY 428 FEET; THENCE IN A NORTHERLY
DIRFCTION APPROXIMATELY 639 FEET TO THE NORTH SOUNDARY LINE OF
LOTS 19 AND 20 IN CITY BLOCK 312; AND DIRECTING THE CITY CLERK TO
CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANC E 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 those certain portions of the public street herein-
after listed, by excavating, grading, paving, constructing storm
sewer and constructing curb and gutter, and such improvement is
hereby ordered, the portion of such public street to be so im-
proved being designated and defined as follows, to-wit:
Cardinal Lane, from its intersection with the West
Boundary Line of 36th Street, S. E., in a Westerly
direction approximately 428 feet; thence in a
Northerly direction approximately 639 feet to the
North Boundary Line of Lots 19 and 20 in City BTock
312.
Section 2. Said street and portions thereof shall be paved
with the following type of pavement: A six inch (611) soil cement
base with a one and one-half inch (12") asphalt surface. The
plans and specifications for such improvements, heretofore pre-
pared 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 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.
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 cre-
dited adjustment which may be allowed in the assess-
ment 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 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 respe ctive 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 avners
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 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
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, together with interest on each installment
from said date of acceptance until paid at the rate
of six per cent (6%) 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 matuCi.ty
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
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, 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 p aving assessments and certific ates
authorized by 1aw to secure the payment of the respective property
owner's part of the costs of improvements, and if he shall be un-
able 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 abutt-
ing 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 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 the14th day of
July, 1969.
R. A. Kennedy, Mayor
ATTFST : . ~
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H. C. eene, ~City Clerk
AP OVED A TO FORM:
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T. K. Hayne ,City~Attorney