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1867 ORD DECLARING NECESSITY AND ORDERING PAVING OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NOo 1867 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING OF A CERTAIN STREET AND P+ORTIONS THEREOF IN THE CITY OF PARIS; APFROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AU- THORIZING THE CITY MANAGER TO ADVERTISE FQ2 BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PRO» CEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS STA- TUTES, AND THE CHARTER OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING SUCH STATUTE; PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS, AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESS- MENTS AND PRESCRIBING THE RATE OF INTEREST THEREON; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESS- MENTS, ON 33RD STREET, S. E., BEGINNING AT A POINT 81 FEET NORTH OF LOVER'S LANE'S NORTH BOUNDARY LINE'S INTERSECTION WITH THE CniEST BOUNDARY LINE OF 33RD STREET, S. E. TO A POINT 40 FEET SOUTH OF THE INTERSECTION OF THE NORTH BOUNDARY LINE OF AUDUBON ROAD TnTITH THE EAST BOUNDARY LINE OF 33RD STREET, S. E.~ IN ALL A DISTANCE OF APFROXIMATELY 1474 FEET; 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 l. That a necessity exists for the permanent im» provement of those certain portions of the publa.c street herein•» af ter listed, by excavating, grading, and paving the same, by the installation of drainage facilities therein, by the construction of curbs and gutters, and such improvements are hereby ordered, the portions of the public street to b e so improved being desig.- nated and defined as follows, to-wit: 33rd Street, S. E., Beginning at a point 81 feet North of Lover's Lane's North Boundary Line's intersection with the West Boundary Line of 33rd Street, S. E. to a point 40 feet South of the intersection of the North Boundary Line of Audubon Road with the East Boundary Line of 33rd Street, S. E., in all a distance of approximately 1474 feet. Section 2. Said street and portions thereof shall be paved with the following type of pavement: An eight ineh (811) rock base with two inch (2") aspha.lt surface or its equivalent. The plans and specifications for such improvements heretofore prepared by the Consultant Engineer, H:ayter Engineering, of Paris, Texas, 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 advertise for bids for the improvement work herein de- scribed, the advertising, receiving, and opening of such bids to be as provided by the Chartez- of the City of Paris and the laws of the State of Texas. Upon the receipt and opening of the bids for such improvement work, the Consultant Engineer, Hayter Engineering, of Paris, Texas, is directed to prepare and file with the City Council his estimate of the total cost of the im- provements herein ordered ancl 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 Cour►cil. Section 4. The City Cauncil of the City of Faris deems it advisable and hereby determines to proceed under and exercise the powexs, 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 af the State of Texas. Section 5. The costs of said improvenents 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 p reparation 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 i.t 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, for the costs of excavation, base prepara» tion, and paving, and of installation of curbs and gutters. The remaining costs of all such improve- ments 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 improvement. The amounts of such assessments shall constitute a first and prior lien upon a11 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 followso 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 installmen ts, 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 (657o ) 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 insta.llments 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 af said installments of p.rincipal or interest promptly as the same mature, 'then at the option of the City of Faris, the entire amount of the assessment upon which default is znade, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. Section 6, The City Managex 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 pro- perty owner's part of the costs of improvements, and if he shall be unable to obtain reasonabl.e satisfactory security as to any abutting property or owner, t:he wh ole city block to whi.ch the f rontage 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 con.» struction project fixed by the filing of notice of the enactment of this ordinance will be rel.eased. Section 7, The City Cl.erk 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 lOth day of June, 1968. Ja es R. Moore, D,S.C., Mayor ATTEST• /-f , H. C. Gr ne, City Clerk TO FORM : ~ AF? OVEF7 A~_z ~ T." 0 Hayn City Attorney