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1459 ORD DECLARING NECESSITY FOR AND ORDERING IMPROVEMENT OF CERTAIN STREET AND PORTIONS THEREOF IN COPORDINAATCE NQ. 14~. AN ORDINANCE DELCARING THE NECESSITY FOR AND ORDERING THE IMPRCJVEME1dT GF A CERTAIN STREET AND PORTICNS THEREOF, IN THE CITY OF PARISt DEFINING THE IMPROVEMENTS AIdD SPECIFICATIONS FOR SUCH WORK, DIAECTING THE PREPARATIQN OF, ESTIMATES OF THE CUSTS THEREOF, INVOKING THE PROCEDURE REQUIRED BY ARTIGLE 1105b2 REVISED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF PARIS ADOPTING SUCH STATUTE, DBTERMINING THAT A PORTION OF THE UOSTS SHALL BE BORNE By THE CI1Y AND THE BAIANCE THEREOF SHALL BE BORNE. BY THE ABUTTING PROPERTIES AND THE O1RNERS THEREOF, PROVIDING FOR THE ASSESSMENT GF THE PORTIQAI OF THE C06T5 TO BE BORNE BY THE PROPERTY OWNERSV PROVIDING FOR THE FIXING OF A LIEN IO SECURE THE PAYMENT OF SUCH ASSESSMENTS, SETTING THE TIME AND MANNER PRO- POSED FQR THE PAYMENT OF SUCH OOSTS, DIRECTING THE CITY CLERK TO CAUSE A NU- TICE OF THE ENACTNENT OF THIa ORDINANCE TO BE FILED IN THE MlJI3T6AC,'E OR DEED OF TRUST REOORDS OF LAMAR COUNIY9 TEXAS. BE IT ORDAINE D BY THE CITY 0013NCIL OF THE CITY OF PARIS: Section 1. That a necessity exists for the improvement of those certain portions of the public street hereinafter listed, by excavating, grading, leveling, and the installation of drainage facilities, and scarify- ing and mixing top four (4) inches of re-worked road bed with road oil, and to relay, compact and grade to finished county road section, and such improve- ments are hereby ordere4 artidthe portions of the public street to be so im- proved being designated and defined as follopsv to-wit: (1) 33rd Street, S. E.t from the South Curb Line of U. S. Highway 829 also known as Lamar Avenue, to the North C,trb Line of U. S. Highway 2719 also known as Clarksville Street. Section 2. Said street and portions thereof shall be graded, leveled, proper drainage structures installed, be scarified and mix top four (4) inches of re-worked road bed rrith road oil, be relayed, compacted, and graded to finished county road section. Section 3. The City Manager is directed to make and file a complete estimate of the cost of the abQVe improvements, the same to be done by the forces of the City of Paris, and by said estimate to determine the total cost of improvements herein ordered and the part of pe cosys thereof to be TQl by the City of Paris and the part thereof to be aid b the adjoining p pertY owners. Section 4. The City Council of the City of Paris deems it advisable and hereby determines to proceed under and in exercise of the powers, termsv and provisions of Article 1105b, R.C.S., 1925, and the prnvisions of the Charter of the City of Paris adopting said statute of the State of Texas. Section 5. Tte costs of said improvements shall be paid as follows: (a) The City of Paris shall pay all costs of drainage installations and all costs over and above fifty cents (50¢) per centerline front foot on said project. (b) The remainder of the costs of such improvements, in the amount of fifty cents (50¢) per centerline front foot shall be assessed against the respective abutting pro- perties 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. When the improvements herein ordered for the street designated 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 owner thereof, shall be and become payable in five (5) equal annual in- stallmentsg due respectively thirty (30) days after one (1), two (2), three (3), four (4), and five (5) years fran 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; provfled, however, that the owners of any of said property shall have the privilege of paying all or any of said installments et any time before maturity thereof, by paying the total amount of the principal of such installments, together with the in- terest accrued thereon to the date of payment. Fur- ther, 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, together with reasonable attorney's fees and all collection costs incurred, shall be and become imoaediately due and payable. Section 6. The City Manager of the City of Paris is hereby authorized and directed to secure and obtain any security, lien, or document desired in addition to the paving assessments and certifioates authorized by law to secure ttte payment of the respective property owner's part of the costs and improve- ments, and if he shall be unable to obtain reasonable satisfactory security as to any abutting property or owner, the whole city block to which the frontage of any such prnperty or properties belong may be by him deleted from the con- struction 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 enactment of this ordinance will be released. Section 7. The City Clerk is hereby directed to cause b be prepared a notice of enactment of this ordinance and to file said notice with the County Clerk of Lamar County, Texasv among the Mortgage or Deed of Trust Records of said Cownty. Passed and adopted by the City Council of the City of Parisp in regular session convenedp on this 8th day of September, A. D., 1958. Mayor ATTESTs , City Clerk APPROVED AS TO FORM: ~ - City Attorneyf/