Loading...
1980 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANC E NO. 1980 AN ORDINANCE DECLARING THE NECFSSITY FOR AND ORDERING THE IMPROVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND SPECIFICATIONS FOR SUCH WORK; AU- THORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRDCTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PRO- CEDURE PROVIDED BY ARTICLE 1105b2 VERNON'S ANNOTATED TEXAS STATUTFS, 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 BALANCE THERFAF SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THFREOF; PROVIDING FOR THE ASSESSMENT AND THE TIME, 1ERMS AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS AND PRFSCRIBING THE RATE OF INTEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSFSSMENTS, ON FAST CHERRY STREET, FROM THE WEST BOUNDARY LINE OF LOT 6, CITY BLOCK 227-A, AND THE WEST BOUNDARY LINE OF LOT 6, CITY BLOCK 227, IN AN EASTERLY DIRECTION APPROXIMATELY 581 FEET TO THE WEST BOUNDARY LINE OF 20TH STREET, N. E., BEING THE EAST BOUNDARY LINE OF LOT 5, CITY BLOCK 227-Di A,ND THE EAST BOUNDARY LINE OF LOT 10, CITY BLOCK 227-E; 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 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 that certain portion of the public street herein- after listed, by excavating, grading, paving, constructing storm sewer and storm sewer inlets and constructing curb and gutter, and such improvement is hereby ordered, the portion of such public street to be so improved being designated and de- fined as follows, to-wit: East Cherry Street, from the West Boundary Line of Lot 6, City Block 227-A, and the West Boundary Line of Lot 6, City Block 227, in an Easterly direction approximately 581 feet to the West Boundary Line of 20th Street, N. E., being the East Boundary Line of Lot 5, City Block 227-D, and the Ea,st Boundary Line of Lot 10, CityBlock 227-E, Section 2. Said street 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 Department of Public Works of the City of Paris, and now on file with the City Council, are hereby, in all things, appro ved. 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 msts 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 am,ount of any credited adjustment which may be allowed in the assessment 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 remain- ing 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 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 proparty 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 improve- ment. The amounts of such assessments shall con- stitute a first and prior lien upon all such pro- perties and a personal liability of the real and true owners thereof, whether correctly naxned or not, and shall be payable in installments as follows: When the improvements herein ordered for the street designated 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 in- stallments, due respectively thirty (30) days after one (1), two (2), three (3), four (4) and five (5) years from the date of 2.CCP_btanr- r,., Further, if default be made in the payment of any of said installments of principal or in- terest 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 be- come 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 auth¢ized by law to secure the payment of the respective property owner's part of the costs of improvements, and if he shall be unable to obtain reasonable satisfactory security as to any abutting prop vrty 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 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 the 14th day of September, 1970. ~"r.. . ~14.00~ . 4 B. M. Felty, Mayor ATTES T ~'`J~'!,~ t. . H. C. Greene, City Clerk.__.__ APP OVFOVEDD S O FORM: T. K. Hayne , City Att(r ney