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.