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1422 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REPORT OF DIRECTOR OF PUBLIC WORKSORDINANCE N0. 1422 0 AN ORDINANCE APPROVING AAiD ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHUWTNG THE ESTIMATES OF THE InTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTZNG PROPERTY AND THE REAL AND TRUE OViNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER ODSTS FOR THE IMPROVING OF 11TH STREET, N. W., FRO M THE INTERSECTION OF THE NORTH CURB LINE OF WEST CHERRY STREET TO THE SOUTH CURB LINE OF SHILOH STAEET, IN THE CITY OF PARIS, TEXAS, WITHIN THE LIMITS HEREINBELOIN DESCRIBED AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE Pt3RTION OF SAID COSTS PF?OPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPEATY AND THE REAL AND TRUE OWNERS T HEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF PARIS; DETERMINING THE NECESSITY OF LEVYING SUCH ,4SSES5NERiTS FOR THE PART OF SAID GUSTS APPORTIONED AGAINST THE ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; ORDERING AND SETTING A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PAOPERTY OR IN THE PROCEEDINGS AND QDNTRACT QDNCERAIING SAID ASSESSMENTS$ PRO- CEEDINGS, ANU IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF PARIS TO GIVE NOTICE OF SAID HEARING AS REQUTAED BY THE IAWS OF THE STATE OF TEXAS AND THE CHARTER OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY QOUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The City Council of the City of Paris, Texas, hereby finds and determines: (a) That the City Council of the City of Paris, Texas, has heretofore by ordinance duly enacted on the 8th day of July, A. D., 1957, determined the necessity for and ordered the improvement of por- tions of llth Street, N. W., from the intersection of the North Curb Line of West Cherry Street to the South Curb Line of Shiloh Street, in the City of Paris, within the limits hereinafter defined, in the manner and according to the plans and specifications therefor, which plans and specifications have heretofore been approved and adopted by said City Council. Said street and portions thereof to be improved are as follows, to-wit: (1) llth Street, N. W., from the intersection of the North Curb Line of West Cherry Street to the South Curb Line of Shiloh Street, in the City of Paris (b) That a notice duly executed in the name of the City of Paris, Texas, of the enactment of said above described ordinance has heretofore been filed with the County Clerk of Lamar County, Texas, the county in which sa3d City of Paris is situated. (c) That said City Council after having duly advertised for bids in the manner as required by law and the Charter of said City, did award the contract for the constrcaction of said improvements to Roy L. Williamson upon its lowest and best bid, and said contract, which is dated the 22nd day of August, A. D., 1957, has been executed by said bidder and by said City, the execution of which said contract by the City was authorized by resoltation heretofore passed by said City Council; and the performance bond rec{uired by law and said contract has been properly furnished by said bidder, and approved by and accepted by the City Council, all as required by law and the Charter of said City. (d) That the City Council has caused the Acting Director of Public Works to prepare and file estimates of the costs of such improvements and es- timates of the amount per front foot to be assessed against the property abutting said street within the limits defined and the real and true owners thereof; and the Acting Director of Public Works has hereto£ore filed said estimates and a statement of other matters relating thereto with said City Council, and the same has been received, examined, and approved by said City Council. Section 2. The written statement and the report of the Acting Director of Public Works heretofore filed with the City Council, showing the estimated total costs of all the improvements on said street within the limit5 above defined, showing the amounts pez front foot propo5ed to be assessed against the abutting property and the real and true owners thereof on said street for said improvernents, showing the total estimated costs of said im- provements on said street proposed to be assessed against and paid by the abutting property and the real and true owners thereof, showing the total estimated costs of said improvements on said street proposed to be paid by the City of Paris, Texas, having beea received and examined by the City Council, said report and the estimates therein shown 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 street are as follows, to-wit: (1) Total costs of improvements to be eharged against and paid by the abutting property and the real and true owners thereof $ 4,926.24 (2) Total costs of said iâ–ºnprovements to be paid by the City of Paris $ 1,492.19 (3) Costs per front foot for curbs and gutters, where required $ 1.75 (4) Total front foot costs for paving to owners, per linear foot $ 1.36 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 street within the limits above def3ned, and the real and true owners thereof, in accordance with and in the manner provided by Article 1105b, Revised Civil Statutes of Texas, 1925, as amended, and adopted by the Charter of the City of Paris, Texas; and the total costs of said improvements on said street as here- inabove described, 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, if any, all the costs of excavation, base preparation and paving within street intersections, and not less than one-third of the costs of excavation, base preparation 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 for the costs of excavation, base preparation and paving and of installation af curbs and gutters. The remaining costs of all such improvenents shall be paid by the property abutting such portion of such street and the owners thereof in accordance with the Charter of the City of Paris and the statutes of Texas, hereinabove referred to. (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 improvements. The amounts of 5uch asse5sments shall constitute a first and prior lien upon all such pro- perties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall be payable in installments 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 ovmer thereof shall be and become payable in five (5) eual annual install- ments, 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, 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 principal of such installments, together with the intenst 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 attvrney'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 street 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 con- tract with reference thereto, which hearing shall be held by the City Council of Paris, Texas, at 7:00 o'clock P. M., on the 14th day of October, A. D., 1957, 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 to 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 publication 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 days prior to the date of said hearing, and such notice by publication shall be Walid and sufficient, without any fvrther form or character of notice. Section 5. Following such hearing as above provided, assessments 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 specified and 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 9th day of September, A. D.t 1957. , . > Mayor ATTEST: ` City Clerk AKPR~D AS T F City Attorney. J `