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1596 ORD DECLARING NECESSITY AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDIlVANCE NO. 1596 , AN ORD7NANCE DECLARING THE NECESSITY FOR AND ORDERIlVG THE PAVIlVG AND IMPROVEMENT OF A CERTAIN STREET AND PORTIONS THEREOF IN THE CITY OF PARIS, APPROVING PLANS AND SPEC]FZCA- TIONS FOR SUCH WORK, AUTHORIZZLVG THE CITY MANAGER TO PROVII?E F GR SUCH W ORK, DTRE C TIlVG THE PRE PA RA TION OF ES TIMA TES, INV OK- ]NG THE FROCEDURE PROVIDED BY ARTICLE 1105b, REVZS ED CNIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF PAR];S, TEXAS A DOPTING S UCH S TA TU TE, DE TERMxNIlVG THA T A PA RT OF THE COS TS SHALL BE BORNE BY THE CITY AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERT]ES AND THE OWNERS THEREOF, PROVIDJNG FOR THE AS5ESSMENT OF THE PORTzON OF THE COSTS TO BE BORNE BY THE PROPERTY OWNER5, PROVIDING FOR THE FSX]NG OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS, 5ETTING THE TIME AND MANNER PROPOSED FOR THE PAYMENT OF ALL SUCH COSTS, DZRECT]NG THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF TH7S ORDINANCE TO BE FxLED XN THE MORTGAGE OR DEED OF TRUST RECORDS OF LAMAR COUNTY„ TEXAS. BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF PAR7S: Section 1. That a necessity exists for the permane nt ixnprovement of those ce rta,in portions of the public street hereinafter listed, by excavating, gracling, and paving the same, by the i.nsta.llation of drainage facilities there- in, by the construction of curb and gutters where a dequa te curbs and gutters are not now in pla.ce, and such improvementa are here by order ed, the portions of the public street to be so improved being designated and de- fined as follows, to-wit: (1) Blake Road, from the West Boundary Line of the Booker T. Washington Housing Project to the East Boundary Line of 6th Street, N. E., in the City of Pa.rie, Texas. Section 2. Said street and portions thereof sha.ll be paved with the following type of pavement: A soil stabilization base with a one and one- half inch (1-1/21) compacted hot or cold mix asphalt surfacing, all accord- ing to standard City of Paris speci.fieations for the building and conetruction of such type streets. Such street will be widened from curb to curb, a width of thirty-nine feet (391), same to be paved from curb to curb, and curbs and gutters of atandard City of Paris desi.gn and specifications will be constructed where the I?irector of Public Works of the City of Pa ris determines that adequate curb s and gutters do not exist, and necessary drainage facilities will be installed. The plans and specificati.ons 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 herei.n described, i.n 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 direc ted to prepare and file with the City Council h%s eatimate of the tota.l cost of the improve- ments here3.n ordered and the total amount of the part of the costs thereof to be paid by the City of Paria, in accordance with the provisions of Section 5 he r eof and the instructions which may be given him by th e City Council. Section 4. The City Council of the City of Paris deems it advi.sable and hereby determines to proceed under and exercise the powers, terms, and provi.sions of Ar ticle 1105b, R. C. S. 1925, and the provisions of the Charter of the City of Paris adopting said statute of the Sta.te of Texas. Section 5. The costs of said improvements s hall b e paid a s follows, to -vv ite (a) The City shall pay all of the costs of drainage installati.ons, wherever located, if any, all the costs of escavation, base preparation and paving withi.n street interseetions, and not less than one-third of the costa of excavati.on, base prepara- ti.on and paving of all other portions of the street involved. In cases where the City Counci.l may deem it just and proper, the City shall also pay all or any part of the amount of any eredited adjustment which may be allowed in the assessment of abutting properties and the owner thereof, as he r ein pro- v ided, for the cos t of excavation, bas e pre paration, and paving, and of installation of curbs and gutters. The re- maining costs of all such improvements shall be paid by the property abutting such portion of said street and the owners the r eof. (b) The remainder of the costs of such impr ovements shall be agsessed against the respective abutting properties and the real and true owners thereof in accorda.nce with the sta.tutes of Texas and the Charter of the City of Pa,ris herein referred to. No assessment sha.ll be made againat any abutting property or the real and true owner thereof for costs in excess of the b enefits to s uch property in enhance value ther eof by means of such i.mprovement. The amounts of such asse8smenta 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 etreet d8signated above and portions thereof have been com- pleted and accepted by the City of Paris, the amount of the assess ment against each property abutting thereon and the real and true owner thereof sha.ll be and become paya.ble in five (5) equa.l annuai insta.llments, due respectively thir ty (30) days a fte r one (1), two (2), thr ee (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 accepta.nce unti.l paid at the rate of six per cent (6%) per annum, payable annually; provided, however, that the owners of any of eaid property shall have the privilege of paying all or any of said ineta.ll- ments at any ti.me befor e maturity thereof by paying the tota.l amount of the pri.ncipal 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 i.nterest promptly as the same rnature, then at the option of the City of Paris, the entire amount of the as sess- men t upon which d efault is made, together wi,th reasonable attorneyts fees and all collection costs incurred, shall be and become ixnmedi.a,tely due and payable. Section 6. The City Ma.nager of the City of Pa.ris is hereby authorized to secure and obta.in 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 owner's part of the costs and improvements, and if he shall be unable to obta.i.n reasonable satisfactory security as to any abutting prope rty or owner, the whole city bloek to which the frontage of any such property or properties belong may be by him deleted from the con.- struction contract and the lien upon the properties abutting any such city block and portion of said constructxon project fixed by the filing of not3.ce of the enactment of this ordinance will be released. Section 7. The City Clerk is hereby directed to cause to be pre- pared a notice of enactment of this ord i.nance a nd to file s aid notice with the County Clerk of Lamar County, Texas, among the Mortgage or Deed of Trust Records of said County. Paased and adopted by the City Council of the City of Pa ris, in regular session convened, on this 9th day of July, A. D., 1962. /r Mayor A TTES T: ~ City Clerk A PPROVED AS TO FORM: City Attorney.