1981 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTION THEREOF IN COPORDINANCE NO. 1981
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF A CERTAIN STREET AND PORTION 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;
DIR ECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PRO-
C EDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS
STATUTES, AND THE CHARTER OF THE CITY OF PAZIS, PARIS, TEXAS,
ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS
SHALL BE BORNE BY THE CITY OF PARIS AND THE BALANCE THER EOF
SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THEREOF;
PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS
OF PAYMENTS AND DFFAULTS OF SUCH ASSESSMENTS AND PR ESCRIBING
THE RATE OF INTERFST THEREQV; PROVIDING FOR THE FIXING OF A
LIEN TO S DCUR E TH E PAYMENT OF SUCH ASS ESSMENTS, ON BROWN AVENUE,
FROM THE WFST SOUNDARY LINE OF 19TH STREET, S. W., 591 FEET
WEST TO THE WFST BOUNDARY LINE OF LOT 7, BLOCK A, MEADOWVIEW
ADDITION, AND THE WFST BOUNI3ARY LINE OF LOT 11, CITY BLOCK 309,
EACH OF WHICH LIE IN THE EAST BOUNDARY LINE OF LOT 15, CITY
BLOCK 309; 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 RECORAS OF LAMAR COUNTY, TEXAS.
BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That a necessity exists for thepermanent im-
provement of that certain portion of the public street herein-
after listed, by excavating, gradin g, paving, constructing storm
sewer and constructing curb and gutter, concrete driveways and
miscellaneous concrete structures, and such improvement is hereby
ordered, the portion of such public street to be so improved
being designated and defined as follows, to-wit:
Brown Avenue, from the West Boundary Line of 19th Street,
S. W., 591 feet West to the West Boundary Line of Lot 7,
Block A, Meadowview Addition, and the West Boundary Line
of Lot 11, City Block 309, each of which lie in the Ea.st
Boundary Line of Lot 15, City Block 309.
Section 2. Said street and portion thereof shall be
paved with the following type of pavement: A six inch (611) soil
cement base with an one and one-half inch (1211) asphalt surface.
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,
approved.
Section 3. The City Manager is hereby autharized and di-
rected to take the necessary steps for the improvement work
1'1PYPl 7'1 r7ACrri hori ; r, .7..,-.-.. ~L _ l.,_ - , . _
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 intersedions, 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 credited adjustment which may be allowed in
the assessment of abutting properties and the
owners thereof, as herein provided, fo r 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 thex eof
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 improve-
ment. The amounts of such assessments shall con-
stitute a first and prior lien upon all such pro-
perties and a personal liability o.f 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 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 fi ve (5) equal annual principal in-
stallments, due respecti vely thirty (30) days
after one (1), two (2), three (3), four (4) and
five (5) years from the date of acceptance by
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 authorized 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 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 said construction project fixed by the filing
of notice of the enactment of this ordinance will be released.
Section 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,
am.ong 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.
_ `
B. M. Felty, Mayor
ATTEST: ~
.
t
. L, - ~ ~..f•~' ( ~ ~ ~-L "
H. C. Greene, City Clerk
Y OVED AS FORM:
T. K. Haynes, ity Attorney