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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 : . ~ > ^ ~ ~x.._..._... H. C. eene, ~City Clerk AP OVED A TO FORM: ~ _ s ~ _ ~ T. K. Hayne ,City~Attorney