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1383 ORD DECLARING NECESSITY AND ORDERING PAVING AND IMPROVEMENT OF CERTAIN STREETS AND PORTIONS THEREOF IN COPORDINANCE N0. ~3 $3 AN ORDINANCE DECL,ARIW3 THE NECESSITY FOR AND QRDERZNG THE PAVING AND IMPROVEfdENT OF CERTAIN STREETS AND PORTIOPiS THEREOF IIv THE CITY OF PARIS, APPROVIN G PLANS ANID SPECIFTCATIONS FOR SUCH WORK, AUTIfiRIZING THE CTTY NIAN,4(aER TO ADVERTISE FOR BIDS, DIRECTTNG THE PREPARATICN OF ESTIMATES$ INVOKING THE PROCEDURE PROVSDED BY ARTICLE 1105b, REVISID CIV:[L STATUTES OF TEXAS AND THE CHARTER QF THE CITY Or PARIS ADOPTING SUCH STANTE, DETF-RMINING THAT A PART OF THE GOSTS SHALL BE BORNE BY THE CITY AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PRG PERiIE5 AND TI-EE OVJNERS THEREOF, PRGVIDING FOR THE A,SSESSIYIENT OF THE PORTION QF THE C.OSTS TO BE BGRNE BY THE PROPERTY OWNERS, ANU PROVIDING FOR THE FIX- ING OF A LIEN TO SECUAE TI-IE PAYMETJTS OF SUCH ASSESSMENTS, SETTING THE TlhrE AND MANTJER PRQPC}SED FOR THE PAYMENT GF ,ALL SUCH COSTS 9 DIRECTING THE CITY CLERK TU CAUSE A NOTIGE OF THE ENACT1uENT OF THIS GRDINANCE TO BE FILED IN THE MRTGAGE QR DEED OF TRUST REOARDS OF LAMAR WUNTY, TEXAS. BE IT URDAINED BY ThE CITY COUTdCIL OF THE CITY OF PARISs Section 1. That a necessity exists for the permanent improvement of those certain portions of public streets hereinafter listedt by exca- vating, grading and pavinC the same, by the installation of drainage fa- cilities therein, by the construction of curb and gutters where adequate curbs and gutters are not now in place, and such improvements are hereby orderedg the portions of public streets to be so improved being designated and defined as follows, to-wit: (1) Clark Lane from 25th S. E. Street East to the dead-end of said C1Grk Lane (2) 25th S. E. Street between Clark Lane and Culbertson Street (3) Cleveland Street from 24th S. E. Street East a distance of 150 feet ` , `r-~~~-~- ~ ~ ~ y ~ G` .43 4 ' E '~s~'~/ , Section 2. Each o said streets and portions thereof shall be paved with the following type of pavement; Six inch (611) compacted flexible base with asphaltic seal and surface, all according to standard. City of Paris specifications for the buildinca 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 specifications will be constructed where the Dixector of Public Works of the City of Faris de- termines that adequate curbs and 5utters do not exist, and necessary drairiage facilities will be installed. The plans and specifications for all such improvements, heretofore prepared by the Department of Fublic UVorks of the City of Paris, anu now on file with the City Councilg are hereby in all things approved. Section 3. The City Manager is hereby autharized and directed to advertise for bids for the improvement work herein described, the advertis- ing, receiving and opening of such bids to be as provided by the Charter of the City of Paris and the laws of the State of 7exas. Upon the receipt and opening of the bids for such improvement workg the Director of Public Works o£ the City of Paris is directed to prepare and file with the City Council his estimate of the total cost of the irrâ–ºprovements herein ordered and the total amount of the part of the costs thereof to be paid by the City of Paris in accardance 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 under and in exercise of the powers, terms and provisions of Article 1105b, R.C.S. 1925, and the pro- visions of the Charter of the City of Paris adopting said statute of the State of Texas. Section 5. The costs af 5aid improvements shall be paid as followso to-wit: (a) The City shall pay all of the costs of drainage installations, wherever locatedp 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 pre- paration 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 abutting properties and the owner thereofg 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 abuttina such portion of said streets and the owners thereof. (b) The remainder of tYie costs of such improvements sha11 be assessed against the r espective abutting prooerties 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. No assessment shall be made against any abuttino property or the real and true owner thereof for costs in excess of the benefits to such property in enhance value thereof by means of such improve- ment. The amounts of such assessments shall con- stitute a first and prior lien upon all such pro - perties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall be payable in installments as followss When the improvements herein ordered for the streets 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 installments, due respectively thirty (30) days after one (1)v two (2), three (3), four (4) and five (5) years from the date of acceptance by the City, tooether with interest on each installment from said date of acceptance until paid at the rate of six,per cent (6/) per annum, payable annually; providedv however, that the owners 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 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 collectio n costs incurred, shall be and become immediately due and payable. Section 6. The City Manager of the City of Paris is hereby authorized 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 owner, the whole city block to which the frontage of any such property or properties belong may be by him deleted from the construction 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 enact- ment of this ordinance will be released. Section 7. The City Clerk is hereby directed to cause to be prepared a notice of enactment of this ordinance and to file said notice with the County Clerk of Lamar County, Texas among 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 13th day of August, 1956. t Mayor ATTEST: City Clerk. APPROVED AS TO FORM: , City Attorney.