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1700 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOFORDINANCE NO. 1700 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF A CERTAIN STREET AND PORTIONS THERE- OF, IN THE CITY OF PARIS, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO PROVIDE FOR SUCH WORK; DIRECTING THE PREPARATION OF ESTIMATES; INVOKING THE PRO- CEDURE PROVIDED BY ARTICLE 110513 REVISED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF PARIS, TEXAS ADOPTING SUCH STA- TUTE; 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 OF THE PORTION OF THE COSTS TO BE BORNE BY THE PROPERTY OWNERS; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS ON THE PROPOSED EXTENSION OF GRAHAM STREET, BE- GINNING AT THE E. B. LINE OF 34TH STREET, N. W., WHERE THE PAVING AND CURB AND GUTTER NOW ENDS ON GRAHAM STREET, AND EXTENDING WEST TO THE E. B. LINE OF LOOP HIGHWAY 286; SETTING THE TIME AND MANNER PROPOSED FOR THE PAYMENT OF ALL SUCH COSTS; AND DIRECT- ING 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 LAMA,R COUNTY, TEXA5. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for thepermanent improvement of those certain portions of the public street hereinafter listed, by excavating, grading, and paving the same, by the installation of drainage facilities therein, by the con- struction of curb and gutters where adequate curbs and gutters are not now in place, and such improvements are hereby ordered, the portions of such public street to be so improved being designated and defined as follows, to-wit: (1) The proposed extension of Graham Street, beginning at the E. B. Line of 34th Street, N.W., where the present pavement and curb and gutter ends on Graham Street, and continuing West to the E. B. Line of Highway Loop 286. Section 2. Said street and portions thereof shall be paved with the following type of pavement: A soil stabilization base with a one and one-half inch (1 -1/2 compacted hot or cold mix asphalt surfacing, all according to standard City of Paris specifications for the building and construction of such type streets. Such street will be constructed thirty-nine feet (391) wide, being nineteen and one-half feet (19-1/21) on each side of the centerline of afifty foot (501) strip dedicated for street purposes by Netseo Trails Council, Inc., Boy Scouts of America, same to be paved from curb to curb, and curbs and gutters of standard City of Paris de- sign and specifications will be constructed where the Il)irector of Public Works of the City of Paris determines that adequate curbs and gutters do not existp and necessary drainage facilities will be installed. The plans and specifications for all such improvements, heretofore prepared by the Department of Public Works of the City of Paris9 and now on file with the City Council, are hereby, in all things, approved. Section 3. The City Manager is hereby authorized and directed 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 co sts 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 provi- sions of Article i 105b, R. C. S. 1925, and the provisions of the Charter of the City of Paris adopting said statute of the State of Texas. Section 5. The co sts of said improvements shall be paid as follows, to -wit: (a) The Gity shall pay all of the costs of drainage installations, wherever located, if any, all the costs of ex.cavation, base preparation and paving within street intersections, and not less than one-third of the costs of excavation, base prepara- tion 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 assessxnent of abutting properties and the owner thereof, as herein pro - vided, for the cost of excavation, base preparation, and paving, and of installation of curbs and gutters. The re- maining costs of all such improvements shall be paid by the property abuttingsuch 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 all such properties and a personal liability of the real and trueowners 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 com- pleted and accepted by the City of Paris, the amount of the assessment againsteach property abutting thereon and the real and true owner thereof shall be and become payable in five (5) equal annual 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 City9 together with interest on each installment from said date 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 installments, together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said in- stallments of principal or interest 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, to- gether 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 lien9 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 co sts and improvementsa 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 pro- perty or properties belong may be by him deleted from the construction con- tract 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 9th day of November, A. D. , 1964, ~ _ Mayor ATTEST: ~ City lerk APPROVED AS TO FORM: City Attorney.