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1667 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN COPORDINANCE NO. 1667 . AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF CERTAIPI STREETS AND PORTIONS THEREOF IN THE CITY OF PARIS9 APPROVING PLANS AND SPECIFICA- TIONS FOR SAID WORK, AUTHORIZING THE CITY MANAGER TO PROVIDE FOR SUCH WORK, DIRECTING THE PREPAR:ATION OF ESTIMATES, INVOK- ING THE PROCEDURE PROVIDED BY ARTICLE 1105b, REVISED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF PARIS, TEXAS ADOPTING SUCH 5TATUTE, DETERMINING THAT PART OF THE COSTS SHALL BE BORNE BY THE CITY AND 'I'HE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTIES AND THE OWNERS THEREOF., PROVIDING FOR THE A5SESSMENT OF THE PORTION OF THE COSTS TO BE BORNE BY THE PROPERTY OWNER5, PROVIDING FOR TI-E FIXING OF A LIEN TO 5ECURE THE PAYMENT OF 5UCH ASSESSMENTS, ON 315T STREET, N. W., FROM THE SOUTH BOUNIDARY LINE OF GRAHAM STREET TO THE NORTH BOUNDARY LINE OF BONHAM STREET, 1§ND ON 33RD 5TREET, N. W. , FROM THE SOUTH BOUNDARY LINE OF GRAHAM STREET TO THE NORTH BOUNDARY LINE OF BONHAM 5TREET, SETTING THE TIME AND MANNER PROPOSED FOR THE PAYMENT OF ALL 5UCH COSTS, AND DIRECTING THE GITY CLERK TO CAU5E A NO- TICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF LAMAR COiAVTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI5: Section 1. That a necessity exists for the permanent improvement_ of those certain portions of the public streets hereinafter listed, by ex.ca- vating, grading, and paving the same, by the installation of drainage facili- ties 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 streets to be so improved being designated and defined as follows, to -wit: (1) 31st Street, N. W., from the South Boundary Line of Graham Street to the North Boundary Line of Bonham Str eet. (2) 33rd Street, N. W., from the South Boundary Line of Graham Street to the North Boundary Line of Bonham Str e et. Section 2. Said streets 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 streets 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 con.- structed where the Director of Public Works of the City of Paris deter- mines that adequate curbs and gutters do not exist, and necessary drainage facilities will be installed. The plans and specifications for all such im- provements, 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 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 provi- sions 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. 5ection 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 co5ts of excavation, 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 streets 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 costs of all such improvements shall be paid by the pro- perty abutting such portion of said streets and the owners thereof. (b) The reaminder of the costs of such improvemerts shall be assessed against the respective abutting properties and the real and true owners thereof in accordance with the sta- tutes of Tex.as 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 enhanced 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 installments -as follows: When the improvements herein ordered for the streets 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 aeceptance until paid at the rate of six per cent (6016) 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 install- ments at any time before maturity thereof by paying the total amount of the principal of such installments, together with the interest accrued thereon to the date of payment. Further, if default be rnade 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, to- gether with reasonable attorney's fees and all collection co sts incurred, shall be and become immediately due and payable. Section 6. The City Manager of the City of Paris is hereby au- thorized 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 ownerts 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 de- leted from the construction 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 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 Cityof Paris, in regular session convened, on this the 13th day of April, A. D. , 1964, ~ 1 ~'y ~ c c ( st~-` ~ - Mayo r ATTEST: I City Clerk AVP*OVED A,S T-9 FORM: z. ~ f C ity tto r n ey