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1440 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REOPRT OF DIRECTOR OF PUBLIC WORKSORDINANCE N0 . !aN ORDINAItICE aPPROVING AND ADOPTTNG THE WRITTEN STATEMcNT AND REPORT OF THE DIRECTOR OF PUBLIC W0RKS, SI-OVdING THE ESTIMATES OF THE TOTAL COST OF ALL TI-E IMPROVEMENTS, THE ESTIMATE OF THE C1JST PER FROM' FOOT PROPOSED TO BE ASSESSED AGAIIVST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTI- MATES OF THL VARIDUS OTHER COSTS FOR TMPROVING EAST TUDOR STREET, FF3OM 17TH STREET, N. E. T`J THr UJEST B'JUNDARY LINE OF 20TH STREET, N. E.; THE COST OF TM- PROVING 25TH STREET, S. W., FROM THE 50UTH BDUNDARY LINE OF WEST SHERR9AN STREET TC THE hIORTH BJUNDARY LINE OF WEST AUSTIN STREET; AND THE OOST OF IMPROVING 31ST STREET, N. E., FFtUM THE NORTH CURB LINE OF LAMAR AVENUE TO THE NORTH CURB LINE OF EAST I-GUSTOiV STREET, A PAVING WIDTH OF 30 FEET; ALSO BEGINNING AT THE INTERSECTICN OF THE WEST HOUNDARY LINE OF 31ST STREET, N. E., C7N EAST HJUSTON STREET, A DISTANCE OF 150 FEET EAST, A 6VIDTH OF 30 FEET; WITHIN THE LIMITS HERE- SNBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMIINING AND FIXING THE FORTION OF SAID COSTS PROFOSFD TO BE A5SESSED AGAINST AND PAID BY SAID ABUTTING PRQPERTY AND THE REAL AND TRUE UWNERS THcREOF UR`}N EACH TRACTt AND THE FORTIUN Gr SAID CX7STS TO BE PAID BY THEE CITY OF PARIS UPON EACH TRACT; DET'ERMINING THE NECESSITY ROR LEVYING SUCH ASSESSMENTS FOR THE PART OF SAID COSTS APPORTIONED AGAINST THE riBUTTING PROPERTY aND THE REAL AND TRUE OWNER5 THEREOF; ORDERING AND SETTING A HEARING OF THEREAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PRQPERTY UR IN TI-iE PROCEEDINS AND CQNTRACT GONCERNING SAID ASESSMENTS, PROCEEDINGS APdD IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF Pl-+RIS TG GIVE NDTICE OF SikID HEARING qS REQUIRED BY LAW OF THE STATE OF TEXtiS AND THE CHARTER OF THE CITY OF PARIS; AND PROVIDTNG tiN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OJUNCSL 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 llth day of November, A. D., 1957, determined the necessity for and ordered the improvement of East Tudor Street, frorn the East Boundary Line of 17th Street, N. E. to the VJest Boundary Line of 20th Street, N. E.; 25th Street, S. W., from the South Bourd ary Line of West Sher man Street to the North Boundary Line of West Austin Street; and a street from the North Curb Line of Lamar Avenue to the North Curb Line of East Houston Street, on 31st Street, N. E., a paving width of 30 feet; and another tract beginning at the intersection of the West Boundary Line of 31st Street, N. E., on East Houston Street, East a distance of 150 feet, a street width of 30 feet; in the manner and aecording to the plans and specifications ther2for, which plans and specifications have heretofore been approved by the City Council. (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 said City of Paris is situated. (c) That said City Gouncil, aftEr having duly advertised for bids in the manner required by law and the Charter of said City, did award the contract for said improvements to Roy L. Williamson, upon its lowest and best bid, and said contract, which is dated March 7th , 1958, has been executed by said bidder and by said City, the execution of which contract by the City was au- thoxized by resolution heretofore passed on the 27th day of February, A. D., 1958 by said City Council; and the perforrnance bond required by law in 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 Director of Public Works to prepare and file estimates of the costs of such improvements and the amounts per front foot to be assessed against the property abutting said streets within the limits defined, and the real and true owners thereof; and the Director of Public Works has heretofore filed said estimates and his 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 report of the Director of Public Works, heretofore filed with the City Council, showing all of the improvements on said streets within the limits defined above, 5howing the amounts per front foot prpposed to be assessed against the abutting property and the real and true . on said streets for sdid impro vements, showing the total estimated cost of said improvemerits on said streets proposed to be assessed against and paid by the abutting property and the r eal and true owners thereof, showing the total esti- mated cost of saidimprovements proposed to be paid by the City of Paris, Texas, having been received and examined by the City Council, said reports and estimates therein contained, are hereby, in all things, approved and adopted, and it is hereby found and determined by the City Council that the estimated smounts of the several respective items of costs of said improvements, as above described, on said stxeets, axe as followsg to-wit: l. On East Tudor Street, from 17th Street, N. E. to the West Boundary Line of 20th Street, N. E. (1) Curb and Gutter $1.60 per lin. ft. Paving 1.275 per lin. ft. Total Property Line Cost $2.875 per lin. ft. (2) Total Cost of improvements to be charged and paid by the abutting property and the real and true owners thereof $ 4t927.70 (3) Total Cost of said improvements to be paid by the City of Paris $ 2,650.63 2. 31st Street, N. E., from the North Boundary Line of Lamar Avenue to the North Boundary Line of East Houston Street (1) Curb and Gutter $1.60 per lin. ft. Paving Cost " 1.313 per iin. ft. Total Property Line Cost $2.913 per lin. ft. (2) Total Costs of Improvements to be charged and paid by the abutting property and the real and true owners thereof $ 2,097.28 (3) Total Cost of said improvements to be paid by the City of Paris $ 820•~ 3. East Houston Street, from 31st Street, N. E., East 150 feet (1) CUrb and Gutter $1.60 per lin. ft. Paving Costs 1.429 per lin. ft. Total Property Line Cost per lin. ft. $3.029 (2) Total Cost of improvements to be charged and paid by the abutting property and the real and true owners thereof $ 983.54 (3) Total Cost of said improvements to be paid by the City of Paris $ 427.80 4. 25th Street, S. W., from West Austin Street to West Sheratan Street (1) Curb and Gutter $ None Paving $1.376 per lin. ft. Total Property Line Cost $1.376 per lin. ft. I (2) Total Cost of improvements to be charged and paid by the abutting property and the real and true owners thereof $ 1.147.50 (3) Total Cost of said improvements to be paid by the City of Paris 615.68 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 pf the costs thereof shall be assessed against and paid by the property abutting upon said streets 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, 1925, as amended, and adopted by the Charter of the City of Paris, Texas; and the total cost of said im- provements on said streets, as hereinabove 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 paving within street intersections, and not less than one-third of the costs of excava- tion, base preparation, and paving of all of the portions of said streets; 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 for the costs of excavation, base preparation and paving and of installation of curbs and gutters. The r emaining costs of all such im- provements shall be paid by the property abutting such portion of said streets and the owners thereof in accordance with the Charter of the City of Faris 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 such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the real and true owners thereof, whether correctly named or not, and shall be payable in in- stallments as follows: When the improvements herein ordered for the streets designated above have been completed and accepted by the City of Paris, the amount of the assessment again5t each property abutting thereof and the real and true owner thereof shall be and become payable in five (5) equal 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 from said date of acceptance until paid at the rate of six per cent (6%) per annum, payable annually; provided, however, that the o wners 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 vrith the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said in- stallments of principal or interest promptly as the same mature, then at the option of the City of Faris, the entire amount of the assessment upon which default is made, together with reasonable attorneyts 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 streets within the limits above defined as to the assess- ments and as to the arnount 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 concern - ing any error, invalidity, or irregularity in any proceedings or contract with reference thereto, which hearing shall be held by the City Council of Paris, Texas, at 7:00 otclock P. M., on the 14th day of Apri1, A. D., 1958, 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 publica- tion 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 valid and sufficient, without any further form or character of notice. Seetion 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 lOth day of March, A. D., 1958. - ` Mayor tiTTEST : , - ~ City Clerk P.PPRO D AS TO ROR1U1:-- ' ~ City Attorney.