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1408 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINANCE N0. 408 . AN OADINANCE DECLARING THE NECESSITY FOR AND ORDERTNG THE PAVING ANtD IMPRpVEMENT OF A CERTAIN STREET AND PORTIONS THERHC)F IN THE CITY OF PARIS, APPROVING PLAr1S AND 5PECTFICATIONS FOR SUCH VIpRK, Ai1THJRIZSNG THE CITY MANAGER TO ADVERTISE FOR BID6, DIRECTING THE PREPARATION OF ESTIMATES, INVC)KING THE PROCEDURE PROVIDED BY ARTICLE 1105b, BEVISED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF PARIS ADOPTING SUCH STATUTE, DETERMINING THAT A PART OF THE C06T5 SHALL BE BORNE BY THE CITY AIVD THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTIES AND THE OWNERS THEREOF, PROVIDING F4R THE ASSESSMENT OF THE PORTION OF THE QOSTS TO BE BORNE BY THE PROPFRTY OWNERS, AND PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENTS OF SUCH ASSESSMENTS, SETTING THE TIME AND tdANNER PROPOSED FOR THE PAYMENT OF ALL SUCH COSTS, DIRECTING TI-iE CITY CLERK TJ CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE NIORTGAGE OR DEED OF TRUST REODRDS OF LAMAEt COUNTY, TEXAS. BE IT ORDAINED BY THE CITY GUUNCIL OF THE CITY OF PARISs Section l. That a necessity exists for the permanent improvement of those certain portions of 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 public street to be so improved being designated and defined as follows, to-wits (1) Ylt}a Street, N. W., from the intersection of the Noxth GLrb Line of West Cherry Street to the South G1irb Line of 5hiloh Street, in the City of Paris Section 2. Said street and portions thereof shall be paved wi.th the following type of pavement: Six inch (6") compacted flexible base with as- phaltic seal and surface, all according to standard City of Paris specifica- tions for the building and construction of sucn type streets. Such street wili be paved from curb to curb, curbs and gutters of the standard City of Paxis design and specifications will be constructed where the Direetor of Public Woxks of the City of Paris determines that adeqtaate curbs and gutters do not exist, and necessaxy 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 a11 things approved. Section 3. The City Manager is hereby authoxized and directed to advertise for bids for the improvement work herein described, theadvertising, receiving and opening of sueh bids to be as provided by the Charter of the City of Par3s and the laws of the State of Texas. Upon the reCeipt and opening of the bids for snch improvernent work, the Director of Public Works of the City of Paris is directed to prepare and file with the City Counc3.1 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 provis3ons of Section 5 hereof and of the in- structions which may be givsn him by the City Council. Section 4o The City Council of the City of Paris deems it advisable and hereby determines to proceed under and in exercise of 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. Section 5. The costs of said improvements shall be paid as follot+s, to -++tit s (a) The City shall pay all of the costs of drainage in5talla- tion5, wherever located, if any, all the costs of excava- tion, base preparation and paving within street inter- sections, and not less than one-third of the co$ts of ex- cavation, base pxeparation and paving of all other portions of the street involved. Tn 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 provided, for the cost of excavation, base preparation, and paving, and of in- stallation of cvrbs and gutters. The remaining costs of all such improvernents shall be paid by the property abutting such portion of said street and the owners thereof. (b) Tne 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 excess of the benefits to such property in etahance value thereof by means of suGh improvement. The aaounts of such assessments shall constitute a first and prior lien upon all such propertie5 and a personal liability of the true and real owners thereof, ahether correctly named or not, and shall be payable in installments as followss When the improvements herein ordered for the street desig- nated above and portions thereof have been completed 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 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 (6%) per annum, payable annually; provided, hewever, 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 principal of such installments, together with the intere5t accrued thereon to the date of payment. Further, if default be made in the paynent of any of said installments of principal or in- terest 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 attorney's fees and all collection costs ineurred, shall be and becorae immediately dwe and payable. Section 6. The City Manager cE the City of Paris is hereby authorized to secure and obtain any seeurity, lien, or docwaent desired in addition to the paving assessments and certificates authorized by law to secure the pay- ment of the respective property owner's 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 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 Qause to be prepared a notice of enactment of this ordinance and to file said notice vrith the Caunty Clerk of Lamar County, Texas among the Mortgage or Deed of Trust Records of said Cc>vnty. Passed and adopted by the City Council of the City of Paris in regular session convened on this 8th day of July, A. D., 19570 ~ I~ ~ Mayor i ~ ATTEST: r~.•~.~~r.~~ r.+.^w r Acting City Clerk APPJROVED AS 0 FORMs City At ey.