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1555 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REPORT OF DIRECTOR OF PUBLIC WORKSORI?INANCE NO. 1555 . AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIREGTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL OF THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VAR.IOUS OTHER COSTS FOR IMPROVING, GURB AND GUTTER, AND DRIVEWAYS ON U. S. HIGHWAY 271, ON NORTH MAIN STR.EET, BEGINNING AT THE NORTH BOUNDARY LINE OF CLEMENT ROAD IN THE CITY OF PARIS AND EXTENDING NORTH TO THE NORTH BOUNDARY LINE OF THE CITY LIMITS OF THE CITY OF PARIS, AND U. S. HIGHWAY 271, CLARKSVILLE STREET, ON THE SOUTH SIDE OF CLARKSVILLE STREET AND ON THE NORTH SIDE OF CLARKSVILLE STREET, AND U. S. HIGHWAY 82, LAMAR AVENUE, FROM 30TH STREET, S. E. TO A POINT BEYOND 33RD STREET, S. E., ON BOTH SIDES THEREOF, WITHIN THE LIMITS HEREINBELOW DE- SCRIBED AND OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF 5AID COSTS PROPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE F'ORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF PARIS; DETIlRMINING THE NECESSITY OF LEVYIlVG SAID ASSESSMENTS FOR THE PART OF SAID COSTS APPORTIONED AGAINST THE ABUTTING PROPERTiE5 AND THE REAL AND TRUE OWNERS THEREOF; ORDERING AND SETTING THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS IlVTERESTED IN SAID ABUTTING PRO- PERTY, OR IN THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS, AND IMPROVEMENTS; DIR,ECTING THE GITY MANAGER OF THE GITY OF PARIS TO GIVE NOTICE OF SAID HEARING AS R.EQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF PARIS; AND I'ROVIDING AN EFFECTIVE DA TE. BE IT ORI?AINED BY THE GITY COUNCIL OF THE CITY OF PA RIS, TEXAS: Section 1. The Gity Council of the City of Paris, Texas, hereby finds and determines: (a) That the City Council of the City of Paris has heretofore by ordinance duly enacted on the 14th day of November, 1960, determined the necessity for and ordered the improvement of the following described property: (1) U. S. Highway 271, North Main Street, beginning at the North Boundary Line of Clement Road in the City of Paris and extending North to the North Boundary Line of the City Limits of Paris, Texas. (2) U. S. Highway 271, Clarksville Street, on the South Side of Clarksville Street, from a point East of 24th Street, S. E. on the South Boundary Line of Clarksville Street where curb and gutter ends on the Paris Junior College property and extending along the South Boundary Line of the Highway as widened to the East Line of the City Limits at the N. W. Corner of a tract belonging to Uarco, Inc, on said Street; and on the North Side of said Street, from the E. B. Line c£ 24th Street, S. E., extending along the North Side of said Street to the East Boundary Line of the present City Limits. (3) U. S. Highway 82, Lamar Avenue, beginning at a point South of the extension of the E. B. Line of 30th Street, S. E., on the South Side of Lamar Avenue, at a point where the present curb and gutter ends, and continuing East to the present City Limits of the City of Paris, and beginning on the North Boundary Line of Lamar Avenue, at the East Boundary Line of 30th Street, N. E. , continuing on East along the North Boundary Line of said Street to the East City Limit Line, (b) That a notice duly executed in the name of the City of Paris, Texas, of the enactment of said above described ordinance, has hereto- fore been filed with the County Glerk of Lamar Gounty, Texas, the county in which said City of Paris is situated. (c) That the City Council, through and by and in conjunction with the Texas State Highway Department, has contracted for the improvements as provided for in the aforesaid ordinance, and that said work is in pro- gress as provided for in said ordinance. (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the costs of such improvements and es- timates of the amounts per front foot to be assessed against the property abutting said streets within the limits defined and the real and true owners thereof; and the Director of Public Works has heretofore filed said esti- mates and statements of other matters relating thereto with the City Council, and that the same has been received, examined, and approved by the City Council. Section 2. The written statement and report of the Director of Public Works, heretofore filed with the City Council, showing all of the improvements on said streets within the limits above defined, showing the amounts per front foot proposed to be assessed against the abutting pro- perty and the real and true owners thereof, on said streets, for said im- provements, showing the tota,l estimated cost of said improvements on said streets proposed to be assessed against and paid by the abutting pro- perty and the real and true owners thereof, showing the total estimated cost of said improvements proposed to be paid by the City of Paris, Texas, having been received and examined by the City Council, said report and the estimates therein conta,ined are hereby, in all things, approved and adopted; and it is hereby found and determined by the City Council that the estimated amounts of the several respective items of costs of said improvements as above described on said streets, are as follows, to-wit; (1) Total cost of improvements to be charged and paid by the abutting property and the real and true owners thereof $15, 405. 23 (2) Total cost of said improvements to be paid by the City of Paris $ 3, 001. 16 (3) Cost per front foot for curb and gutter $ 1.35 (4) Driveways, where required, per square yard $ 3, 75 (5) All other costs of widening and paving said streets to be borne under contract and agreement by the Texas State Highway Department. Section 3. A portion of the costs of said improvements shall be paid by and defrayed by the City of Paris, Texas, and a portion of the costs thereof shall be assessed against and paid by the property abutting upon said streets within the limits above defined and the real and true owners thereof, in accordance with and in the manner provided by Article 1105b, Revised Givil Sta.tutes of the State of Texas, 1925, as amended, and adopted by the Charter of the City of Paris, Texas; and the tota,l costs of said improvements on said streets as hereinabove de- scribed, shall be, and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) The City shall pay all of the costs of drainage installations, drainage easements, and street intersections. The Texas Highway Department shall pay all costs of excavation and pay said widening pro- ject. The property owners of the abutting properties shall pay all costs of curb, gutters, and driveways. (b) No assessment shall be made against any abutting property or the real and true owners thereof for the costs in excess of the benefits to such property in enhanced value thereof by means of such imprwements. 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 sha,ll be payable in install- ments as follows: When the improvements herein ordered for the streets designated above have been completed and accepted by the Gity 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 insta.llments, 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 Gity, together with interest on each installment from said daae acceptance until paid at the rate of six per cent (6%) per annum, p yble annually; provided, however, that the owners of any of said property shall have the privilege of paying all or any of said insta.llments at any time be- fore maturity thereof by paying the tota,l amount of the principal of such in- stallments, together with the interest accrued thereon to the date of pay- ment. Further, if default be made in the payment of any of said install- ments of principal or interest promptly as the same mature, then at the option of the Gity of Paris, the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. Section 4. A hearing shall be held and given to the real and true owners thereof, and all owning or claiming any interest in any property abutting upon said streets within the limits above defined, as to the assess- ments and as to the amount to be assessed against each parcel of abutting property and the real and true owners thereof, as to the special benefits, if any, to said property to be received from said improvements, and con- cerning any error, invalidity or irregularity in any proceedings or contract with reference thereto, which hearing shall be held by the Gity Council of the City of Paris, Texas, at 7:00 o'clock P. M. , on the 14th day of August, A. D. , 1961, in the City Council Room, in the City Hall, in the City of Paris, Texas, at which time and place all persons, firms, corporations or estates, owning or claiming any such abutting property, or interest therein, their agents or attorneys, shall be notified to appear and be heard in person, or by counsel, and may offer evidence; and the City Manager of the City of Paris, Texas, is hereby directed to give notice of said hearing by publica- tion of notice in the Paris News, a newspaper of general circulation in the City of Paris, Texas; said notice shall be published at least three times in said newspaper before the date set for hearing, the first of which shall be at least ten (10) days prior to the date of said hearing, and such notice by publication shall be valid and sufficient, without any further form or character of notice. Section 5. Following such hearing as above provided, assessrnents will be levied against such abutting property and the real and true owners thereof, as hereinabove specified and provided, to be payable as herein- above provided. Section 6. This ordinance shall become effective immediately upon passage. Passed and adopted by the City Council of the City of Paris, on this the l Oth day of July, A. D. , 1961, ) 7 ~ Mayor ATTEST: . a City Clerk APP40VED AS TO FORM: l City Attorney.