1431 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REPORT OF ACTING DIRECTOR OF PUBLIC WORKSORDINANCE NO. '.:--,,c--oc~l-•
HIV ORDINANCE AF:'ROVING AND ADOF'TIP1G THIE NJRITTEN STATE1vIENT AND REM??T
Cr THE ACTING DIRECTOR OF PUBLIC uNORKS, SHOWING THE ESTINIATES OF THE TOTAL
COST +JF ALL THE IMPRUVEMENTS, THE ESTI1vLATE Or THE GJST PEP FRONT FO;,)T PRO-
??OSED TO 21E ASSESSED AGtIINST TI'T-z ABUTTING PAO::)ERTY AND THE REAL ANTD TRUE
Ou^,1NERS THLREQF, AND TIiE ESTIbtitiTE5 0}? THE VkqIOUS rJTH=_~ GJSTS FOR IMPRsJVING
24TH ST:2EET, S. E. , F':~CIM THE NORTH G'URE LINE Oi? CLA.RKSVILLE STREiT TG ThE
SOUTH CURB I.INE Or LAP&kR HUENUE, SN THE CITY 0F PAR.I5, TEY,AS, VdITHIPd THE LI-
r'IITS HE°EINBEUJIN DESCRIBEDa ANID 0f OTHER rdATTERS !?ELATING THERETO; DrTER1vUN-
Ii1G AND rIXTNG THE FORTIOTI OF .C,AID COSTS PROP?SED TO PE ASS~`'-.SSEL7 :=,GAIi1ST ,rtliD
PAID BY SAID F^BUTTING PRQPERTY AND THE REAL AND TRUE OWNERS THEREOF$ AND THE
PORTION 0!- SAID COSTS PROFOSED TO BE PAID BY THE CITY 0:' PAP.IS; DLTERIATNI;VG
THE NECESSITY 0F LEVYING 5UCI-i ASSESSi~,LNTS IFFOR THE F'.ART 01:7 S!'1ID OdSTS APFOR-
TIONED AGAINST THE ABUTTIIti'G PROPEP,TY kND THE RK;aL AND TRUE dGijNERS THEREOF;
ORDERING yND SETTIPIG A. HEARITdG Or THE RiAL ,;PJll TRUE GW~NERS Or SAID ABUTTING
PRGPWRTY, AND ALL OTHER.S INTEP.ESTED IN SAID IaBUTTING PRUPERTY 0R IN THE PI3o~-
CEEDINGS AND CONTRACf CONCERNING SAIll ASSESSPENTS, PRGCEEDINC3S ANA INIPROVE-
NliENTS: DIRECTING THE CITY !yVUNAGER 0'1: THE C1TY 0: PARIS TO GIVE NOTICE i:F
SAID HEARING AS REQUIRED BY THE Lt1'IJS 0FF TI-Ii STATE OF lE:AS KND THE CFiARTER
QF THE CITY OF PARIS, ANll PR4'JIDING AN El FECTIVE DATE.
BE IT ORDrsINED Bl' TI-iE CIi'Y GDUNCIL Or THE CI1Y O: PAtiIS, TEKAS:
Section 1. The City Council of the City of Paris, Texas, hereby
finds and determines:
(a). That the City Council oi the City c." Paris, Texas, has here-
tofore by ordinance duly enacted on the llth day of November, A. D., 1957,
determined the necessity for and ordered the improvement of 24th Street,
S. E., from the North Curb Line of Clarksville Street to the South Curb
Line of Lamar .4venue, in the manner and accordiny to the plans and speci-
fications therefor, which plans and specifications have heretofore been
approved by the City Council.
(b) That a nctice duly executed in the name of the City of Paris,
Texas, of the enactment of said above described ordinance, has heretofore
been filed vrith the County Cl.erk of Lamar Ccunty, Texas, the county in
which said. City of Paris is situatedQ
(c) That said City Council, after having duly advertised for bids
in the manner as required by law and tt,e Charter of saiC City, did award
the ccntract for said improvements to Joe I-iatch:~e_p, on its lov~rest and best
bid, and said contract, ~vhich is cated January 1958, has been exe-
cuted by said bidder ancl by said. City, the execution of which contract by
the City was autl-iorized by resolution heretofore passed on the 6th day of
January, 1958 by said City Council; and the performance bond required by
law and said contract has aeen properly furnished by said biddery and
approved by and accepted by the City Council, U11 as required by law and
the Charter of said Gity.
(d) That the City Council has caused the Acting Director ot Public
'qVor;cs to prepare and file estimatES of the costs of such improvements and
tl:e aMOUn-ts per fxent foot to be assessed against the aroperty abutting said
street within the lim:its defined, and the r eal and true owners thereof; anu
the Actinc Director of Public aorl;s has lieretofore filed said estimates and
a stGtement of other matters relatin- thereto with said City Council, anG the
same has been received, examined, and approved by said City Council.
Section 2. The ATitten statement and repert of tne rcting Director
oF Public ',14orks, heretofore filed vrith the City Council, showinc~ all of the
improvements on said street within ttie limits defined above, shoUling the
amounts per frcnt foot proposed to be assessed againsi the abuttinc, proNerty
and the real and true oumers thereof, on said street, for said improvements,
showing the total estimated cost cf saici improtrements on said street proposed
to be assessed against and paid by the abutting property anc the reai and
true owners thereof, showing the totalestimated cost of said imprevements
proposed to be paid by the City o-F Paris, Texas; having been received and
examined by the Ci.ty Counci,l,,said report and the estimates therein con'Lainecl;
are nexeby, in G11 things, approved and adepted; and it is hareby found and
determi.ned by the City Council that the estimai:ed amounts of the several re-
spective items of costs of said improvernents, as above described, on
said street, are as follotivs, io-SVit:
(1) Total cost of improvements to be charged
and paid by the abutting proporty and the
real anra true ovaners thereof $2,020.85
(2) Total Cost of said improvements to be
paid by the City oF Paris $ 36.00
(3) Costs per front foot for curb and cutters
Gurb with Gutter ~ 1.60 L.F.
Plain i3utter $ 1.35 L.F.
Ualley Gutter $ 0.45 S.F.,
Section 3. H portion of the costs of said improvements shall be
paid by and defrayed by the City of Paris, Texas, and aportion of the
costs thereof shall be assessed against and paid by the prcnerty abuttinc;
upon said street within the limits above defined, and the real and true
owners thereof, in accordance with and in the manner provided by Article
1105b, Revised Civil Statutes of Texas, 1925q as amended, arrl adopted by
the Charter of the City of Paris, Texas; ard the total cost of said im-
prcvements on said street, as hereinabave described, shall be, and the
same is hereby apportioned between said parties and shall be paid and de-
frayed as follows:
(a) The City shall pay all of the costs of drainage installations,
if any, all the costs of excavation, base preparation and pavin; within
street intersections4 ana not less tnan one-third of the costs of excava-
tion, base preparation, and paving of a1l of the portion of said street;
in cases where the City Council may deem it just and proper, the City
shall 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 ror the costs of excavation, base preparation and paving and of
installation of curbs and gutterso The remaining costs of all sucn im-
provements shall be paid by the property abutting such portion of said
street and the owners thereof in accordance with -the Charter oi 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 impr.ovements.
The amounts of such assessments shall constitute a fixst and pr-or lien
upon all such properties and a personal liability of the true and real
owners thereof. vrhether correctly named or not, and shall be payable in in-
stallments as follcws: 16^Jhen the improvements herein ordered for the street
designated above have been cornpleted and accepted by the City of Paris, the
a=unt of the assessment against each property abutting thereon anci the
real and true owner thereof shall be and become payable in five (5) ea,ual
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 frcro 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 payina 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 interest accrued thereon to the date
of payrient. Further, if default be made in the payment of any of said in-
stallments af principal or interest promptly as the same mature, then at
the option of the City cf Paris, the sntire amount of the assessment upon
which default is made, together with reasonable attorneyts fees and all
collection costs incurred, sha1Z be and become immediately due and payaple.
Section 4. A hearing shal.l be held and given to the real and true
otkners thereof, and al.l owning or claiming any interest in any property
abutting upon said street within the limi.ts above defined as to thE assess-
ments and as to the amount to be assessed against each parcel of abutting
tiroperty and the real and true owners thereof as to the special benefits,
if any, to said property to be received from said improvements, and concern-
ing any exror, invalidity, or irregularity in any proceedings or contract
ivith reference thereof, which ~hearing shall be held by the City Council of
Faris, Texas, at 7:00 r,'clock P. P,1., on the l:ith day of February, A. D.,
1g589 at whicY: time and place all person5, firms, corporations, or estates
owning or claiming any such abutting p.rooerty, 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 P19anager of the City es
Paris, Texas, is hereby directed to give notice of said hearing by publica-
tion ol' notice in the Paris News, a newspaper of gBneral circula-tion in the
City of Paris, Texas; said notice shall be published at least three ti:nes
in said newspaper before the date set for hearing, the first uf which shall
be at least ten days prior to tne date oi said heaxing, and such notice by
publication shall be valid and sufficient, without any further form or
character of notice.
Section 5. rol].owing such hearing as above provided, assessments
will be levied against such abutting property and the real and true owners
thereof, as hereinabove specified and nrovided, to be payable as herein-
above specified and provided.
Section 6. This oxdinance sYiall become effective immediately upon
passage.
Passed and adopted by the City Council of the City of Daris, on
this ttie 13th day of January, A. D., 1958.
;
Mayor~~ ~e..«,✓
v
ATTEST•
~ City Clerk
APPPPVEll AS Tq. -"vl; '
Ci,~y ttorney.
i