1857 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF A CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NO, 1857 ,
AN QRDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF ACERTAIN STREET AND PORTIONS THEREOF IN THE CITY OF
PARIS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH riV'ORK; AU••
THORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FQR SUCH WORK;
DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PRO-
CEDURE PROVIDED BY ARTICLE 1105b, REVISED CIVIL STATUTES OF
TEXAS, AND THE CHARTER OF THE CITY OF PARIS, TEXAS, ADOPTING
SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS SHALL BE
BORNE BY THE CITY AND THE BALANCE THEREOF SHALL BE BORNE BY THE
ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE
ASSESSMENT C7F THE PORTION OF THE COSTS TO BE BORNE BY THE PRO»
PERTY OTnTNERS; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE
PAYMENT OF SUCH ASSESSMENTS, ON WEST CHERRY STREET, FROM THE
W. B. LINE OF 19TH STREET, N. W. TO THE W. B. LINE QF 24TH
STREET, N. W.; SETTING THE TIME AND MANNER PROPOSED FOR THE PAY»
MENT OF SUCH COSTS;-AND DIRECTING THE CITY CLERK TO CAUSE A NO-
TICE OF THE ENACTMENT OF THIS ORDINANCE TO SE FILED IN THE DEED
OF TRUST RECORDS OF LAMAR COUIVTY, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section l. That a necessity exists for the permanent im-
provement of those certain portions of the public street herein»
after listed, by excavating, grading, and paving the same, and
such improvement is hereby ordered; the portions of such public
street to be so improved being designated and defined as follows,
to-wit:
(1) West Cherry Street, from the W. B. Line of 19th
Street, N. W. to t:he W. B. Line of 24th Street, N.W.
Section 2. Said str2et and portions thereof shall be paved
with the following type of pavement: A six inch (611) soil stabi«•
lization asphalt base with twu courses of asphalt penetration for
surface. The plans and speci:fications for such improvements,
heretofore prepared by the De:partment of Public Works of the City
of P°aris, 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, R.C.S., 1925, and
the provisio ns of the Charter of the City of Faris adopting said
statute of the State of Texas.
Section 5. The costs of said improvements shall be paid as
follows, to-wit:
(a) The City 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 pre-
paration 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 a-V part. of the amount of any credited
adjustment which may be allowed in the assessment
of abutting properties and the owner thereof, as
herein provided, f or the cost of excavation, base
preparation, and paving. 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 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
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 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 street designated above and portions thereof
have been completed and accepted by the City of
Faris, 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 i:nstallments, due respectively
thirtjr;,(30) days a.fter 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
pai d at the rate o.f 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 o:f such installment, togdher 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 opli.un of
the City of F"aris, the entire amount of the assess-»
ment upon which default is made, together with
reasonable attorne,y'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
authorized by law to secure the payment of the respective property
owner's part of the costs of improvemezts, and if he shall be unable
to obtain reasonable satisfactory security as to any abutting pro-
perty or owner, the whole city block to which the frontage of any
such property or properties belong may be by him deleted f rom the
construction contract and the lien upon the pm perties 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 ordiiance, and tofile said
mtice with the County Clerk of Lamar County, Texas, among the
Mortgage or Deed of Trust Records of said County.
Fassed and adopted by the City Council of the City of Paris,
in regular session convened, on this the llth day of March, A. D.,
1968.
; Mayo r
,A,TTEST o
Ci ty Clerk
APP'ROVED AS TO_ FORM:
City Attoriy-