1640 ORD DECLARING NECESSITY FOR AND ORDERING PAVING OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE NO. 1640 ,
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING QF A CERTAIN STREFT AND PORTIQNS THEREOF IN THE
CITY QF PARI5, APPROVING PLANS AND SPECIFICATIONS FOR SUCH
WORK, AUTHORIZING THE CITY MANAGER TQ PROVIDE FOR SUCH WORK,
DIRECTING THE PREPARATION OF FINAL ESTIMATES, INVOKING THE
PROCEDURE PROVIDED BY ARTICLE 1105b, REVISED CIVIL STATUTES OF
TEXA5 AND THE CHARTER OF THE CITY OF PARIS, TEXAS, ADOPTING
SUCH 5TATUTE, DETERMINING THAT A PART OF THE CO5TS 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
B Y THE PROPER TY OW NERS, PRO VIDING FOR THE FIXING OF A LIEN TQ
SECURE THE PAYMENT OF SUCH ASSESSMENTS, ON HUBBARD STKEET,
BEGINNING AT THE E. B. LINE QF 24TH 5TREET, S. E. AND CONTINUING
TO THE W. B. LINE OF A CONCRETE DRAINAGE STRUCTURE CRQSSING
SAID STREET IN A NORTH WE5TERLY AND SOUTH EASTERLY DIRECTION,
SETTING THE TIME AND MANNER PROPOSED FOR THE PAYMENT OF
SUCH COSTS, AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF
THE ENACTMENT QF THIS ORDINANCE TO BE FILED IN THE MQRTGAGE
OR DEED OF TRUST RECQRDS OF LAMAR CQUNTY, TEXAS,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That a necessity exists for the permanent 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 construction 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) Hubbard 5treet, beginning at the E. B. Line of 24th Street,
S. E. and continuing to the W. B. Line of a concrete
drainage structure crossing said street in a North Westerly
and 5outh Easterly direction.
Section 2. Sa id 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 widened from curb to curb, a width of
twenty-eight feet (281), 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 Director of Public Works of the City of Paris determines that ade-
quate curbs and gutters do not ex.ist, 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 Paris, 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 Tex.as, 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 5ection 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 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 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 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 co sts of all such impro vements shall be paid by the pro -
perty abutting such portion of said street and the owners
ther eof.
(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 ex.cess 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 true owners thereof,
whether correctly named or not, and shall be payable in in-
stallments 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 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 City, together with interest on each
installment from said date of acceptance until paid at the rate
of six. per cent (60/6) 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 installments, 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 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, 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 lien, or document desired, in addition to the
paving assessments and certificates authorized by law to secure the payment
of the respective property ownerES 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 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 fix.ed 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 the 12th day of August, A. D. , 1963,
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--r.
Mayo r ~
ATTEST:
City Clerk
APPROVED AS TO FORM:
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ity ttorn .