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1386 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REPORT OF DIRECTOR OF PUBLIC WORKSoRDzNANcE 1C. 1386 AN URDTNANCE APPROVING tiND ADOPTING TI-E VVRITTEN STATEMENT Aiz REPORT Or THE DIRECTOR OF PUBLIC b'VORK52 5HOV'JING THE ESTLUIATES OF THE TOTAL COSTS OF ALL TIiE IMPRUVEh1EfvTS, THE E5TIMATES UF THE a:ST5 PER FRONT FUGT PRDPC?SED Tt? BE ASSESSE-D AGAINST THE A3UTTING PROPERTY AtVD THE REAL AtVD TRUE O'tNNERS THEREOr' AND THE ESTINUITES OF V1IRIOU5 QTHER COSTS FOR THE IPv1FR0VING 6F CLARK LAiNE AND SUNDRY OTI-ER STREETS IN THE CITY OF PARIS, TEXAS, V'rITHIN THE LIMITS HEREIPIBELOVV DESCRIBED AND OF UTHER iv1ATTERS RELP.TIIVG TI-IERETO; DETERMINING AND rIXING THE PORTIGN UF SAID COST5 PRjFLSED TJ BE aSSESSEB AGAlNST ,AND PAID BY SAID ABUTTING PRjPERTY AND THE REAL AP+ID TRUE 0WNERS THEREUF, Ai'JD THE PORTION GF SAID (7JSTS PROPOSED T'v BE PaID BY THE CITY GF PARIS; DETERMINING THE NE- CESSITY lJr LEVYING SUCH ASSESSMENTS FOR THE PART OF SAID (rJST5 HPPOR- TILNED EiGtiINST THE ABUTTIIJG FRJPERTTES tiNU THE RElAT. AiJD TRUE OWNERS THEREOr; ORDERING Ai1D SETTIiVG H i-Et►RING CF THE :tEAi. AIZ TRUE 06'tiTJERS OF SA1U A3UT"T'IiJG PROPERTY, AVD ALL OTHER5 INTERESTED ITJ S.AID Ar3UTTING PROPERTY CR IiV THE PR"i3CEEDINGS AND CONTRACT C(:)NCERiVTNG SAID ASSESS- MENTS O PRUCEEDTNGS, iaND TMPROVE1vIENT`."; DIRECTING THE CITY NWNAGER Ur THE CITY OF PAi4I5 TO GIVE i10TICE CF SAID HEJa,'~ING AS REQUIRED BY THE LAVVS OF THE STATE GF TEXAS ANt7 TI;E CHARTER OF= SAID CITY; AiNU PROVT:DTNG Ad EFFECTIVE DATE. BE IT vHI7AIIvED BY THE CITY COUNCIL OF THE CTTY UF PARTS, TEXAS: Section 1. The City Council of the City of Faris, Texas, hereby finds and determines; (a) That the City Council of the City of Paris, Texas, has heretofore by ordinance duly enacted on ihe 13th day of August, 1956, determined the necessity for and ordered the improvement of portions of Clark Lane and sundry other streets in the City of Paris, Texas, within the limits hereinafter defined, in the manner and according to the plans and specifications therefor, which plans and specifications have nereto- fore been approved and adonted by said City Council. Said streets and portions thereof to be improved ar.e as follows, -to-wit: (1) Clark Lane from 25th S. E. Street East to the dead-end of said Clark Lane (2) 25th S. E. Street between Glark Lane and Culbertson Street (3) Cleveland Street from '_24th S. E. Street East a distance of 15U feet (4) Culbertson Street fron 24th S. E. Street to 25th S. E. Street (b) That a notice duly executed in the name of the City of Paris, Texas, of the enactmer.t of said above described ordinance nas 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 Council after having duly advertised for bids in the manner as required by law and the Charter of said City, did award contract for the construction o£ said improvements to Roy L. Williamson upon„ lowest and best bid, and said contract, which is dated October __,L , 1956, has been exe- cuted by said bidder and by said CiGy, urie execution of which contract by the City was authorized by resolution heretofore on this day passed by said City Council; and the performance bond required by law and said coritract has been properly furnished 'ay said bidder, and approved by and accepted by the City Council, all as reauired by law and the Charter of said City. (d) Tnat the City Courlcil has caused tne Director of Public tNorks to prepare and file estimates of the costs of suc'ri improvements and esti- mates of the amount 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 a statement of other mattcars rel.ating thereto with said City Council, and the same has been received, examined and approved by said City Council. Section 2. The wxitten statement and report of the Director of Public Works heretofore filed with the City Council, showing the estimated total costs of all the improvenents on each of said streets within the limits above defined, showing the amounts per front foot proposed to be assessed against the abutting propaxty and the real and true owners there- of, on each of said streets, for said improvements, showing the total es- timated costs of said improvaments on each of said streets proposed to be assessed against and paid by the abutting property and the real and trta.e owners thereof, showing the total estimated costs of said impravEnents on each of said streets proposed to be paid by the City of Paris, Texas, hav- ing been received and examined by the City Council, said report and the estima.tes iherein shown are hereby in all things approved and adopted; and ifi is hereby found and deEermined by the City Conneil that the estimated axnounts of the sevexal respective itens of costs of said improvenents as above deseribed on each of said streets or units are as follows, to-wit: (1) Total costs of:improvenents to be chaxged against and paid by the abutting property and the real and true owners thereof 3 7,452.47 (2) Total costs of said improvcments to be paid by the City of Paris $ 2,759.51 (3) Costs per front foot for curbs and gutters, where required, Clark Lane ~ 1.35 (4) Costs pex front foot for curbs and gutters, where required, 25th S. E. and Culbertson Streets ~y 1.50 (5) Total front foot costs for paving to owners, Clark Lane ~ 1.13 (6) Total front foot costs for paving to owners, 25th S. E. and Culbertson Streets ~ 1.087 (7) Amount pex front foot paving to be paid by the City of Paris, C1ask Lane $ .565 (8) Amount per front foot paving to be paid by the City of Paris, 25th S. E. and Culbertson Streets ~ .542 Section 3. A portion of the costs of said improvesnents sha11 be pa d by and defrayed by the.City of Paxis, Texa.s, and a portion of the costs thexeof shall be assessed against and paid bp the property abutting upon said streets within the limits above defined, and the xeal and true ownexs thereof, in aceordance with and in the manner provided by Article 1105b, Revised Civil Statut es of Texa,s, 1925, as amended, and adopt ed by the Chart er of the Cittr of Paris, Texas; and the total costs of said improvements on each of said str:~eets as hereinabove described, sha11 be and the same are hereby apportioned between said parties and shall be paid and defrayed as fo].lows: (a) The City shall pay all of the costs of drainage installations, if any, all the costs of excavation, base prepa,ration and paving within street inter- sections, and not less than one-third of the costs of exaavation, base prepara- tion and paving of all other portions of the streets involved; in cases where the City Council may deen it just and proper, the City sha11 aZso pay all or any nart of the amount of any credited adjustment which may be allowed in the asseasment of abutting properties and the owner thexeof for the costs of exaa- vation, base preparation and paving and of installation of curbs and gutters. The reriaining costs of all such improve-ments shall be paid by the property abutting such portion of such streets and the owners thereof in accordance with the Charfer of the City of Paris and the statutes of Texas, hexeinabove referred to. (b) No assessrnent shall be made against any abutting propexty ox the real and true owners thereof for the costs in excess of the benefits to such property in enhanced value thercof by means of sueh improvenents. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thexeof, whether correctly named.or not, and shall be payable in installments as follows: When the im- provESnents herein ordered for the streets designated above and portions thereof have been completed and accepted by the City of Paris, the aznount of the assessment against each prcperty abutting thereon and ttie real and true ovaner. thereof shall be and become payoble in five (5) equal annual installments, due respectively thirty (30) days after one (1), twc (2), three (3), four (4) and five (5) years frorn the date of acceptance by the City, together with interest on each installment from saicl 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 prcperty 5ha11 have the privileGe cf payir:g all or any of said installmcnts at any time before maturity thereof by payiny the total amount of the principal of such installrnents, together with the in- terest accrued thereon to the date of payment. Further, ii default be made in tne paymEr,t of any of said installments of principal or interest prompily as the same mature, theri at the option of the City of Paris, the entire arnount of the assessraent upon wl-:icn default is nlade, together wlith reasonable attorneyts fees and all cellec'Lion costs incurred, shall be and become imraediately due and payable. V Sectiori 4. n hearing snall be ileld and given to the real atzi true ovJriers thereof, and all owniny or clairnir.g any interesi in any property abuttiirig upan said streets within the limits above defir.ed as to the assessments and as tc the arnount to be assessed against each parcel of abutting property and the real and true otvners thereof as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, invalidity or irregularity in any proceedings or contract with reference thereto, which hearing shail be held by the City Council of 'r'aris, Texas, at 7:00 otclock P. M., on the 22nd day of October , 1956, at which time and place all persons, firms, corpora- tions or estates ovdning or claiming any such abuttir.y property, or in- terest 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 Ivianager of the City of Paris, Texas, is hereby directed to give netice of said hearing by publication of notice in the Paris i;ews, a news- paper of general circulation in the City of Paris, Texas; said notice shall be pubiished at least three times in said newspaper before the date set for hearing, the first of wfiicn shall be ai least ten days prior to the date of said hearing, and sucti na-lice by publication siiall be valid and sufficient, witnout any furt}ier form or character af notice. Section 5. Following sucti heaxing as above provided, assessments will be levied against such abuttinc, property and the real and true owners thereof, as hereinabove specified and provided, to be payable as herein- above specified and provided. 5ection 6. This ordinance shall become efLective immediately upon passaae. Passed and ado~~ b~r tY-ie City Council of the City of Paris on this ~ day of ~,»~t~ ~ 1956. Ialayor f'n'o ATTEST: City Clerlc. APPROvED AS Tv lOR1ui: ~ City R~;tcrney. ~ Y ~