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1794 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NO. 1794 , AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PP,VING OF A CERTAIN STREET AND PORTIONS THEREOF IN THE CITY OF PARIS; APPROVING PLANS AND SPECIFICATIONS FQR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE 1'ROCEDURE PROVIDED BY ARTICLE 1105bs REVISED CIVIL STATUTES OF TEXAS, AND THE CHARTER OF THE CITY OF PARISp TEXASp 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 OF THE PORTIQN OF THE COSTS TO BE BORNE BY THE PROPERTY OWNER6; PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTSp ON PLUM 5TREET, FROM THE W. B. LINE OF 19TH STREET, N.W. TO THE E. B. LINE OF 24TH STREETs N. W, ; SETTING THE TIME AND MANNER PROPOSED FaR THE PAYMENI OF SUCH COSTS; AND DIRECT- ING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF LAMAR COUNTY, TEXAS. SE IT ORDAINED By THE CITY COUNCIL OF THE CITYOF PARIS: Section l, That a necessity exists for the permanent improvement of those certain portions of the public street hereinafter listed, by excavating, grading9 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~ Plum Street, from the W. B. Line of 19th Street9 N. W, to the E. B. Line of 24th Street, N. W, Section 2, Said street and portions thereof shall be paved with the following type of pavement: A six inch (6") soil stabilization asphalt base with two courses of asphalt penetration for surface. The plans and specifi- cations 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 a17, things, approved. Section 3. The City Manager is hereby authorized and directed to take the necessary steps for the improvement work herein described, in accord- ance 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 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 follows, to -wit: (a) The City shall pay all of the costs of drainage instal].ations, wherever located, if any, all the costs of excavation, base preparation and paving within street intersectionsp 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 alZowed in the assessment of abutting properties and the owner thereofs as herein pro - vided9 for the cost of excavation„ base preparation, and paving. The remaining co sts of all such improvements shal.], be paid by the property abutting such portion of said street and the owners thereof. (b) The reaminder of the costs of such improvements shal.], 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 a17, such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in instal.Xments 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 thereof and the real and true owner thereof shalX 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 City, together with interest on each install,ment 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 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 maturep then at the option of the City of Paris, the entire amount of the assessment upon which default is made, together with reasonable attorneyts fees and all collection costs incurred, sha11 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 ownerzs 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 por- tion 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 Paris9 in regular session conveneds on this the 12th day of September, A, D. , 1966. M or ATTEST: L.u , City Clerk APPROVED A TO FORM: City Atto ey.