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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