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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, ~~I ✓ ~ C~~ --r. Mayo r ~ ATTEST: City Clerk APPROVED AS TO FORM: / ity ttorn .