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1429 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN COPORDINANCE N0. / Ll- 2-,ANN ORDINANCE DECLARIIvG THE NECL6STTY FOR AND ORDERING THE PAVII`TG AtvP IMPROVEIN:FN`l' OF CE:QTAIN STREETS AND POR3'IONS THENi+.OF IN THE CITY OF F'ARIS, APPROVING PL.ANS AND SPECIFICATIGNS FOR SUCH WORK, AUTHURTZIP'G THE CITY MAN~'iGER TU kDVERTISE FUR BIDS, DIRL;C`i'ING THE UNEPARATION OF ESTINiAtES, INVOKRTG THE PROCEDURE PROVIDED BY ARTICIE 1105b, REVISED CIVIL STATUTES OF TEXAS AND THE CHARTER. GF THE CII'Y GF 1'ARIS AllOPTING SUCH STr,TUTE, DETENMINIlvG THAT A FART OF THL COSTS SHALL BE BORNE BY THE CITY ,:ND THE BALANCE THEREOF SHALL BE BORNE BY THE aBUT=G PROYERTIES lih'll THE 0"WNENS THEREOF, PROVIDI11fG FOR THE ASSES5MEN'I' OF THE PORTION GF TfIE COS'TS TO BE BORNE BY THr, PROPERTY OWNERS, AND PR0ITIDIIVG FOR THE FI= iG OF A LIEN T0 SECURE THE PaYNII1TTS UF SUCH xSSESSNJh-NTS, SETTIJI~'G THE TILr; AilVD NiA11NER PROPOSED FOR THE PAYMIINT OF ALL SUCH COS`i'S, llIRECTING THE CT1Y CIERK TO CAUSr; A NOTTCE OF THE ENACTM~NT OF THIS ORDIlNANCE TO BE FIIED I1V THE MORTGA(Z OR DEED OF TRUST RECORDS OF L.-'1MAR CQUNTY, Tr1XAS. BE IT ORDATN:CD BY THE CITY COITIvCIL OF TIIE CITY OF I'ARIS: Section l. That a necessity exists for the perrnanent improvement of those certain portions of public streets hereinafter listed, by excavat- ing, grading and paving the same, b,y 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 ixnprovements are hereby ordered, the portions of public streets to be so improved being designated and defined as follows, to-wit: (1) Tudor Street, from the E.B. line of 17th St., N. E. to the W.B. line of 20th St., N.E. (2) 25th St., S. W., from the S.B. line of West Sherman Street to the N.B. line of West Austin Street. (a) From the area described in this section, no curb and gutter will be constructed or assessed for. (3) 24th St., S. E., from the S.B. line of Lamar Avenue to the N.B. line of Clarksville Street. (a) No assessment will be made for an,y pavement of drainage construction of the section immediatel,y above but onl,,r for those linear feet where there is not now adequate curb and gutter, for curb and gutter. Section 2. Said streets and nortions thereof shall be paved with the following type of pavement: Six inch (611) compacted flexible base with as,phaltic seal and surface, all according to standard City of r'aris specifications for the building and construction of such t,ype streets. Such streets will be paved from curb to curb, curbs and gutters of the standard City of Paris design and specifications will be constructed where the I}irector of Public Works of the City of Paris determines that adequate curbs and gutters do not exist, and necessary drainage facilities will be installed. The plans and specifications for all such improvements, heretofbre prepared by the Department o.f Public Works of the City of Paris, and now on file with the City Council, are hereby in all things approved. Section 3. Tne Cit,y Manager is hereby authorized and directed to advertise for bids for the improvement work herein described, the advertis- ing, receivir.g and obening of such bids to be as provided by the Charter of the City of Paris and the laws of the State of Texas. Upon the receipt and opening of the bids for such improvement work, the Director of Public Works of the City of Paris is directed to prepare arld 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 coststhereof to be paid b,y the City of Paris in accordance with the provisions of Section 5 hereof and of the instructions which may be given hirn by the City Council. Section h. The Cit,y Council of the City of Paris deems it advisable and hereby determines to proceed under and in exerci5e of the powers, terms, and provisions of tirticle 1105b, R.C.S. 1925, and the Drovisions of the Charter of the City of Paris adopting said statute of the State of Texas. to-w:it : Section 5. The costs of said improvements shall be paid as follows, (a) The City shall pay all of the costs of drainage installations, wherever located, if an,y, all the costs of excavation, base preparation and paving within street i.ntersections, a nd not less than one- third of the costs of excavation, base nreparation and paving of all other portions of the streets involved. In cases where the Cit,y Council may deem it iust and proper, the City shall also pay all or an,y part of the amount of an,y credited adjustment which may be allowed in the assessment of abutting properties and the otiiner tYiereof, as herein provided, for the cost of excavation, base Dreparation, and paving, and of installation of curbs and gu.tters. The remaining costs of all such improvements shall be paid by the property abutting such portion of said streets and the owners thereof. (b) The 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 propert,y or the real and true owner thereof for costs in excess of the benefits to such Droperty in enhance value thereof b,y means of such improve- ment. The amounts of such a.ssessments shall constitute a first ?nd prior lien upon all such vroperties and a nersonal l.iabilit,y of the true and real owners thereof, whe±her correctly named or not., and shall be payable in in-tallments as follows: When the improvements hereln ordered for the street designated above and portions thereof have heen completed and accepted by 'Uhe City of PariS, the amount of the assessment against ea.ch nroperty abutting thereon and the rPal and true owner thereof shall be and become payable in five (r,) eciaa.l annual installments, due respectivelv thirty (30) days after one (1), two (2), three (3), four (la.), and five (5) years from the date of acceptance by the City, to- F;ether wi-th interest on eac:h installment from said date of a,cceptance until paid at the rdte of six per cent (6%) per annum, payable annually; provided, however, that the owners of any of sai.d property sha,]_J have the pri.vil.ege of paying all or any of said instillments at any t?me before maturity there- of b,y pa,ying the total amoiznt of the nrincipa.l of such installments, together with the interest accrued thereon to the date of pa,yment. %.rther, if default be made in the Dazrment of a.nv of said installments of principal or interest promptl,y as the same mature, then at the option of the Cit,y of Pa.ris, the entire amount of the assessment linon which default is made, together with reasonable attorne,y's fees and alI collectior costs incurred, shall be and become immediately due and payable. Sectior 6. The Cit,y Ma,nager of the City of Paris is hereb,y authorized to secure and obtain an,y securit,y, lien, or document desired in addition to the paving assessments a.nd_ certificates authorized bir law to secu.re the payment of the respective propert.r oVmer's part of the costs and improvements, ar.c3. if he shall. be unable to obtain reasonable satisfactory securit,y as to an,y abuttirg property or ovmer, the whole city bloek to which the frontage of an,y such propert,y or pro;nerties belong may be by him deleted from the const ructior contract and the lien upon the properties abutting any such cit,y block and portion of said construction project fixed b,y the filing of notice of the enactment of this ordinance will be released. Section 7. The City Clerk is hereby di_rected to cause to be pre- pared a notice of enactment of this ordinance and to file said notice with the County Clerk of Lamar County, Texas a.mong the Mortgage or Deed of Trust Records of said Count,y. Pa.ssed and adopted by the Cit,y Council of the City of Paris in regular sessior convened on this lltn day of November, A. D., 1957. ~ Mayor Pro Tern ATTEST: City Clerk Al'FROVED AS TO FORNi: ~ ~ ~ r.. . - City Attorne,y.