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1623 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STEETS AND PORTIONS THEREOF IN COPORDINANCF N0. 1623 . AN ORDINr1NCE DECLARI-NG T?-7Z NECESSITY FCR AND ORDERING TIIF PAVING A11D _TFMPROVE11,1EIdT OF la CFRTA TIN STREET AP1D PORT IONS THEREOF IN THE C I`l~T 0F PARIS, APPROVITIG PLANS AND SPECIFT_CATIONS FOR SUCIi WORK, AUTHORIZ- INC THE CITY P•74NAGER TO PROVIDE FOR SUCH WORK, DIRECTING THE PREPARA- TIOP1 OF FSTIMaTES, ITvTVOIi.I:NG 'I'TriE PROCEDIJRE PROVIDED BY AIRTICLE 1105b, R---VTSED CNIL STATUTES OF T'PDCAS AND THE CFIARTER OF THE CITY OF PARIS, TTiXAS ADOPTING SUCIi STATUTF, DLTERMTNITITG 'I'I-IAT A PART OF TIiE COSTS SHALL T3E BORNE BY THE CITY AND T17, BALANCE THEREOF SHALli RE BORNE BY THE ABUTTIAIG PRCPERTIES AND Tf-iE Q?^JNERS 771ERPOI', PIIOVIDING FOR THL l1SSESSA,~ET1T OF THF PORTION OF THE COSTS TO i3T 1301'117E BY THE PKOPERZ~I.' 01KNERS, PROVIDa1G FOR TIiE FIXING OF !1 LIEN TO SECURE THE PAYD7ENT OF SUCH ASSESSNIENTS, OTd ~,~RD STREET, S. E., FROM THE N. B. LINE OF CLARKSVILLE S'I'REET TO TIE S. B. LLdE OF 14UDUBON RD., SETTING THE TIT4E AND MtlnlPdER PROPOSED FOR THE PAITiE,NT GF ALI1 SUC?I COSTS, Al'dD DI- aECTI7'dG THE, CZTY CLERK TO CAUSF !1. NOTICE OF THE E2vACTMENT OF THIS ORDINaNCE TO BE FILED IN THE M0RTGAGE OR DFED OF TRUST RECORDS 0F L.1P~~A COITNTY, TEXAS. RE ST ORL'AINED BY THE- C ITY C OUNC IL OF THE C ITY OF P11R IS : Section la That a rzecessity exists for the permanent zmprovement of those certain portions of the public street hereinafter listed, by excavating, grading, and paving the saine, 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 im- provements are hereby ordered, 'che portions ofsuch public street to be so improved being designated and defined as f'ollows, to-wit: (1) _~)Jrd Street, S. E., f'rom the N. B. Line of Clarksville Street to the S. B. Line of Audubon Rd. Section 2, S-iid street and portions thereof shall be paved with the following t~:rpe of' pavement: A soil stabilization base with a one and one-half -i_nch (1-1/211) compacted hot or cold mix asphalt surfacing, a11 according to standard City of Paris specifications for the building and construction of such type streets. Such street wi11 be widened f'rom curb to curb, a width of thirty-nine feet (--591), same to be paved from curb to curb, and curbs and gutters of' standaxd City of Paris de- sign and specifications willbe constructed where the Director of F'ublic ?iorl.s of the City of Paris determines that adeqlaate curbs and gutters do not exist, and necessary drainage facilities Teaill be in- stalled. The plans and specifications for a11 sucn ir,lprovements, here- tofore prepared by the Department of Public Works of the City of Paris, ancl now on f ile with the City Council, are hereby, in all things, approved. Section 3. The City Manager is hereby authorized and dirActed to take the necessa.ry 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 1.4orks 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 ord.ered and the total amount of the part of the costs thereof to be paid by the City of Paris, in accordance vrith 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 'nereb,y 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 s'catute of the State of Texase Section 5. The costs of said improvements shall be paid as f0110WS, tO-W1t: (a) The City shall pay a11 of' the costs of drainage in- stallations, tiiherever located, if any, a11 the costs of excavation, base preparation and pavin- taithln street intersections, and not less than one-thlyd of' the costs of' excavation, base preparation and paving of a17_ othe-r portions of the street involvecl. In cases where the Czty 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 assessment of abutting properties and the oti-aner thereof, as herein provided, for the cost of exca.vation, base preparation, and paving, and of installation of curbs and gutters. The remaining costs of all such improvements shall be paid by the property abutting such portinn of said street and the owners thereoi . (b) The remainder of the costs of such improvements shall be assessed ac-,ainst the respective abuttinZ properties anci the real and true ovTriers thereof in accordance with the statutes of mexas and the Charter of the City of' Paris hereinreferred to. No assessment shall be made against any abutting property or the real and true owner thereof for costs in excess of the benef its to such property in enhance value thereof by means of such improvement. The amounts of sueh assessments shall constitute a first and prior lien upon al1 such prcperties and a. peruonal lia.bility of the real and ti ue owners thereof, whetner cor:^ect1,y na.med or not, and shall be payable in i_nstallments a,J 1 Ol.LOTyY S: When the imarovements he-rein o.-dered for the street desig- nated above and portions tnereof have been cornpleted and accepted by Ju-ne City of Paris, the amount of the assess:ment sagainst each property abutting tnereon and the real and true ovrner thereof shall be and become nayable in five (5) equa.l arlinual installments, due respectiveiy t:ni»ty (J0) days after one (1), two (2), three (j), four (4, and five (5) years from tnedate of acceptance by the 'City, tobetner witn interest on each installment from said date of a.cceptance until paid at the rate of six per cent (5;'~) Per anrnam, pa~rable annuall~T; provided, however, that the owners o:I' ar.;r of sa:id ,property shall have the privilege of' pa;-in~ a11 or ~.ny of said. inst~.llments at any tin~e bei ore ;:r.atu..rity thereof by paying the total amount of the principal of' such installments, together with the interest accrued tnereon to the date of payment. Further, if default be made in the paynent of any of said installments of principal or interest promptl~,~ as the same rnat~,z..re, tnen at the opt- on of the Cit;~ of Aaris, the entire amount of the assessment upon which dei ault is r:lade, together with reasonable attorney' s fees and all collection costs incurred, shall be and become immediately due and pa,yable. Sect; on b. The City Ma,nager of the City of Paris i.s hereby au- thorized to secure and obtain any security lien, or document desired, ~n addition to the paving assessrnents and certificates authorized by law to secure the pa,yment of the respective property owner's part of the costs and improvements, and if he shall be unable to obtain reasonable satisfactory securit~T as to any abuttinh property or owner, the T,lhole city block to wnich the frontage or any- sucn property or properties belong may b° bJT him deleted f'rom the construction con- tract and the lien upon the properties abutting any such city block and portion of said construction project fixed by the f'ilin;; of' notice of' the enactment of this ordinance will be released. Section 7. The City Clerk is hereby dire pared a notice o.f enaetment of this ordinance wzth the Countyr Cler'i of Lamar County, T-~xas, Deed of Trust Records or said Countyo Passed and adopted by the City Council of re-ular session convened, on this llth day of 3ted to cause to be pre- and to f'ile said notlce among the Tv~ortgage or the City oL' Paris, in Mar ch, A. D., 1963 e 1 Mayor ATTTST: , City Clerk APPROVED AS TO FORTy°: _C ity ~~At~or~y .