1958 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREETS AND PORTIONS THEREOF IN COP1958
ORDINANCE NO. _
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF CERTAIN STREETS AND PORTIONS THEREOF IN THE CITY OF
pARIS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AU-
THORIZING THE CITY MANAGER TO ADVERTISE FOR BI ~oORNG THE PRO~
DIRECTING THE PREPARATION OF FINAL ESTIMATES;
CEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS
STATUTES2 AND THE CHARTER OF THE CITY OF PARIS, PARIS, TF.XAS,
ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS
SHALL BE BORNE BY THE CITY OF PARIS AND THE BALANCE THEREOF
SHAL.L BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THEREOF;
PROVIDING FOR THE L3SSFSSMENT AND THE TIME, TERMS AND CONDITIONS
OF PAYMENTS AND DEFAULTS OF SUCH ASSFSSMENTS AND PRESCRIBING
THE RATE OF INTgt EST THEREIN; PROVIDING FOR THE FIXING OF A
LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS, ON 18TH STREET,
N. W., FROM THE NORTH BOUNDARY LINE OF GRAHAM STREET TO THE
STREET, FROM
SOUTH BOUNDARY LINE SHILOH ND ~1 SHILOH
THE EAST BOUNDARY LINE
BOUNDARY LINE OF 19TH STREET, N. W., INCLUDING A SMAI.L PARKIn1AY
THEREIN; AND DIRBCTIE CLERK
MOROTGAGE OR DEED
ENACTMENT OF THIS ORDINANC
OF TRUST RDCORDS OF LANIAR COUNTY, TFXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1e That a necessity exists for the permanent im-
provement of those certain portions of the public streets herein-
after listed, by excavating, grading, paving, constructing s
sewer and constructing curb and gutter, and such improvement is
hereby ordered, the portions of such public streets to be so im-
proved being designated and defined as follows, to-wit:
18th Street, N. W., from the North Boundary Line of
Graham Street to the South Boundary Line of Shiloh Street,
and Shiloh Street, from the East Boundary Line of 18th
Street, N. W. to the Ea.st Boundary Line of 19th Street, N.W.,
including a small parkway therein.
Section 2. Said streets and portions thereof shall be
paved with the following type of pavement: A six inch (6") soil
cement base with an one and one-half inch (1211) asphalt surface.
The plans and specifi.cations for such improvements, heretofore
prepared 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 improve-
ments herein ordered an d 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 whic h 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 streets 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 an d 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 streets and the owners
thereof.
(b) The remainder of the costs of such improvements
shall be assessed against the respective abutting
properties and the real and true owners thereof in
accord.ance 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 streets 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
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 saiddate 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 maturity 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 aseess-
ment 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 paving assessments and certificates
autharized by law to secure the payment of the respective property
owner's part of the costs of improvements, and if he sha ll 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
abutting any such city block and portion of sa id construction
project fixed by the filing of notice of the enactment ofthis
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 the 13th day of
April, 1970.
.
B. M. Felty, Mayor
ATTEST •
X~`
H. C. Gr d'ene, City Clerk
APP OVED O FORM:
.
T. . Haynes City Attorney