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1782 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREET AND PORTIONS THEREOFORDINANCE NO. 1782 . AN ORDINANCE DECLARING THE ]VECESSITY FOR.AND ORDERIN'a THE PAVING OF A CERTAIN STREET AND PORTIONS THFtEOF IN THE i,ITY OF PARIS; AP:PROVING PLANS AND SP:ECIFICATIONS FOR SUCH WORK; AUTHORIZINu THE CITY MANA ~GER TO ADVERTISE FOR BIDa FOR SUCH WORK; DIRECTINu THE PREPAR.ATION OF FINAL ESTIMATES; INVOKING THE PROCE7URE PROVIDED BY ARTICLE 1105b, REVISED CIVIL STATUTES OF TEXASs AND THE i.HARTER OF THE CITY OF PARIS, TEXAS* ADrJPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COaTS SHALL BE BORNE BY THE CITY AN=D THE BALANCE THEREOF SHALL BE BORNE BY THE.ABUT'TING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE .ASSESSMENT OF THE PORTION OF THE C03TS TO BE BORNE BY THE PROPERTY OWNERS; PROVID:[N~„T Fc7R THE FIXING OF A LIEN TO SECURE THE PAYMLNT OF SUCH ASSESSMENTS, ON CULBERTSON 5TREET, BEGINiVING .4T THE E,,B, LINE OF 25TH STREET, S. E. AND CONTINUING TO THE W, B. LINE OF THE TANGLEvVOOD ADDI- TION NO, 4; SETTiNG THE TIML AND MANiVER Pr`ZOPOSED FOR THE PAY- MENT OF SUCH CrJSTS; AND D.ZRECTING THE i,ITY CLERK TO CAUSE .A NOTICE OF THE ENACTMLNT OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF L,AMAR CQUNTY, TEXAS, BE TT l7RDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the perm2,nent improvement of tho se certain portions of the public street hereinafter listed, by excavating, grading, and paving the same, by the installation of drainage facilities therein, by the construction of curb and gutters where adequate curbs and gutters are not now in place, and such improvements are hereby ordered; the portions af such public street to be so improved being designated and defined as follows, to -wit: (1) Culbertson Street, beginning at the E. B. Line of 25th Street, S. E. and continuing to the W, B. Line of the Tanglewood Addition Noo 4, Section 2. Said street and portions thereof shall be paved with the follow- ing type of pavement: A soil stabilization base with a one and one-half inch (1-1/2") compacted hot or cold mi.x asphalt surfacing, aIl according to standard City of Paris specifications for the building and construction of such type streets. Such street will be widened from curb to curb, a width of twenty-six feet (26i)9 beginning at the E. B. Line of 25th Street, S. E. and widening out to twenty-eight feet (282) in width at the intersection of said street with the West Boundary Line of Tanglewood Addition No. 4. same to be paved from curb to curb, and curbs and gutters of standard City of Paris design and specifications will be constructed where the D; .rector of Public Works of the City of Paris de- termznes that adequate curbs and gutters do not exist,, and necessary drainage faciXities will be insta]1ed. The plans and specifications for all such improve- ments, heretofore prepared by the Department of Public Works of the City of ParisID and now on file with the City Council, are hereby: in all things, approved. Section 3. The City Mztnager 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 andthe 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 in- structions 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 pro- visions af Article 1105b, R. C. S. 19259 and the provisions of the Charter of the City of Paris adopting said statute of the State of Texas. Section 5. The costs of said improvements shall be paid as fol,lows~ to -wzt: (a) The City shall pay all of the co sts of drainage installations, wherever located9 if any, all the costs of excavation, base preparation and paving within street intersectionsa and not ].ess than one-third of the costs of excavation, base prepara- tion and paving of aIl other portions of the street involved. In cases where the City Council may deem it just and proper, the City shall also pay alI or any part of the amaunt of any credited adjustment which may be a1lowed in the assessment 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 remain- ing costs of all such improvements shall be paid by the pro- perty abutting such portion of said street andthe ow:iers thereof. (b) The remainder of the costs of such improvements sha11 be assessed against the respective abutting properties and the real andtrue owners thereof in accordance with the statutes of Texas and the Cnarter 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 sha11 constitute a first and priDr lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in in- stallments as follows: Wnen the improvements herein ordered for the street designated above and portions thereof have been completed and accepted by the City of Paris, the amaunt 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 installments, due respectively thirty (30) da,rs after one (1), two (Z), 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 off acceptance until paid at the rate of six per cent (6%) per annum, payable annually; provided, however9 that the owners of any of said property shall have the privilege of paying a71 or any of said installments at any time before maturity thereof by paying the total amount of the prin- cipal of such installment, together 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 opinion of the Ci.ty of Parisa the entire amount of the assessment upon which default is made, together wzth reasonable attorney2s fees and a1l coU.ection costs incurred, shall be and become immediately due and payab].e. Section 6. Tne City Manager of the City of Paris is hereby authorized to secure and obtain any security lienp or document desired, in addition to the paving assessments and certificates authorized by law to secure the payment of the respective property owiierts part of the costs and 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 pro- perty or properties belong may be by him deleted from the corstruction 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 ordi- nance will be released. Section 7. The City Clerk is hereby directed to cause to be prepared a notice of enactment of this ordinancey and to file said notice wi.th the County Clerk of Lamar County, Texas9 among the M:>rtgage or Deed of Trust Records of said Cuunty. Pas sed and adopted by the City Counci], of the City of Paris, in regular session convened, on this the l lth day of AKil, A. D,, 1966. ~ Mayo r AT'TEST: ~ City C erk APP~OVED AS TO FORM: ~ J r ~ i y Attorney.