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1430 ORD DECLARING NECESSITY FOR AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN COPORDINANCE NO. AAi ORDINANCE DBCI;ARING THE NECESSITY I:0R At~+1D 6RDERING THE PAVING AND IMPAOVEIIENT OF CERTAIN STREETS Al`lD PQRTIONS THERBOF IN THE CITY OF PARTS, APPADVING PLM5 AI+iD SPECIFICATIONS Ft,3R SUCH IMORK, AUTHJAIZING THE CITY MANAGER 'IO ADVERTISE FOR BII?S, DIREGTIAtG THE PREPARATIQId OF ESTIMATES, IAJWKING THE PAfJCEDURE PROVIDED BY ARTTCLE 1105b, REVISED CIVIL STATt1TE5 OF TEXAS AAID THE CHARTER OF THE CITY OF PARIS ADOPTING SUCH STATUTE, DETERMINING THAT A PART OF THE ODSTS SHALL BE BORNE BY THE CITY AAID THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTIES AND THE OWNERS THEREOF, PRJVIDIbTG FOR THE ASSESSAENT OF THE PORTION OF THE OOSTS TO BE BORNE BY THE PROPERTY OWNERS 9 AND PRDVIDING FOR THE FIXING OF A LIEN TO SECEJRE THE PAYMENTS OF SUCH ASSESSIIENTS, SETTING T'FE TIME AND MMNER PRUROSED F4x THE PAYIUENT OF ALL SUCH Q'3STS, DIRECTING THE CITY CLERK IU CAUSE A NOTSCE OF THE ENACTNENT OF THIS ORDINANCE Tn BE FILED IN THE hDRTGAGE OR DEED OF TRUST REOORDS OF LAMAFt COUNTY, TEXAS. BE IT ORDAINED BY THE CTTY QDUNCIL OF THE CITY OF PARISs Section 1. That a necessity exists for the permanent improvement of those certain portions of public streets hereiqafter listed, by ex- cavating, grading and paving the same, by the installation af drainage facilities therein, by the construction of curb and gutters where adeclcaate curbs and ytatters are nut novr in place, and such improvements are hereby ordered, the portions of public streets to be so improved being designated and defined as follows, to-wit: (1) From the North Curb Line of Larnar Avenue to the North Curb Line of Hovston Street, or► 31st St., N. E., a paving width of 30 feet. (2) Beginning at the intersection of the W. B. Line of 31st St., N. E., on Houston Street, a distance of 150 feet, a street width of 30 feet. Section 2. ,aid streets and portions thereof shall be pavcd Mvith the following type of pavement: Six inch (6") compacted flexible base with asphaltic seal and scarface, all according to standard City of Paris specifications for the building and construction of such type streets. Such streets will be paved from curb to curb. Curbs and gutters of the standard City of Paris design and specification5 will be constructed where the Director of Prablic Works vf 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, here- tofore pxepared 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 atathorized and directed to ' advertise for bids for the improvement work herein described, the adver- tising, receiving and opening vf such bids to be as provided by the Charfier 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 Patis is directed to prepare and file with the City Council his esti:nate of the total cost of the improvements herein ordered and the total amount of the part of the costs therevf to be paid by the City of Paris in accordance with the provisions of Section 5 hereof and of the instructions which may be given him by the City Council. Section 4. The City Council of the City of Paris deems it advisable and hereby determines to proceed eander and in exercise of the powers, texms, 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 improvemerats shall be paid as follows, to-wit; (a) The City shall pay al1 of the costs of drainage installations, wherever located, 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 streets 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 abvtting properties and the owner thereof, as herein provided, for the cost of excavation, base preparation, and paving, and of installation of curbs and gutters. The remaining costs of all such improvements shall be paid by the property abutting sueh portion of said streets and the vwners thereof. (b) The remainder of the costs of $uch improvements shall be assessed again5t the respective abwtting properties and the real and true ovners 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 trwe owner thereof for costs in excessof the benefits to such property in enhance value thereof by means of such improve- ment. The aarount5 of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owmers thereof, whether eorrectly named or not, and shall be payable in installments as follows: When the improvements herein ordered for the street desigAated 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 owtzer thereof shall be and become payable in five (5) eqcaal 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, to- gether with interest on each installment from said date of acceptance until paid at thg rate of six per cent (6%) per annum, payable annually; provided, however, that the awners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity there- of by paying the total amount of thc principal 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 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 attorney's fees and all collection costs incarred, shall be and become immediately due and payable. Section 6. The City Manager of the City of Paris is hereby aU - thorized to secure and obtain 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 obtain reasonable satisfactory security as to any abUtting property or orRmer, the whole city block to which the frontage of any such propesty or properties be- long may be by him deleted from the constreaction 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 enactrnent 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 ordinance and to file said notice with the Cpunty Clerk of Lamar County, Texas ar►ong the Mortgage or Deed of Trust Records of said County. Passed and adopted by the City Council of the City of Paris in regular session convened on this llth day of November, A. D., 1957. Mayor Pro Tem ATTEST ; City Clerk APPRfJVED AS TO FORM: F ~ ~ city Atto ey.