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1392 ORD APPROVING AND ADOPTING WRITTEN STATEMENT AND REPORT OF DIRECTOR OF PUBLIC WORKS0T~DT;vriWL;~ `?O . _1 3-7_2. ~1 ' 0~.~~_~;r1I,;CE APPaGU:ii,G Ai~D ADOPiyivG `i'fIL 'M~~ITT~i,, a`i,A`E- i~r, Ai~D ~~PCI~`~ 0~; rlLii: DT_RiC~'Gh GI' PU`"LIC uJQi~.~~iS, SHOWI~uG TI-IL Ea''IT•'rATLa Oi+, : `,Hi~ `'0`'AL C061'3 Or ALLT:iL I:'!PROVE"%1ETd`l'S, 'i'HE j`i'i- i'A'ii;a Ola' 1'1IL CCSi':i PEFc f=RGM' F'00`l' PRGPOJLD 1'G 13Z A5bESJ'__`D liGAI?]S`i' '1'1-I~ ti3u`i`i'Ii~:G PitOP:~IR'~Y AINll ]'IIi: R;'E1L A-dll `iRiJE U'iu?IERS TA1`~J '1`H':; Lai'l"a~'ES Oi~' VARIOUS L`i'H~R C05'1'::> i'G~~ Li'f1P:ttU;l- i~~TG 30th ~..~i, I'1. E. F'I~.C,1 E ~`~`CR`'H CUR:t~ LIl'~c; Q~' L~-~R AViivU~ ~Ci 'i'~i~ ,~GU`-'I, CUt- 5 ) LI1'1OF AST C141;I112Y `_f1i'.i.~.E`I' li~ iI-iE CI`I Y Cii' PARiS, `1'._', ~1~:~, 'uTl`'r~ '1:~ Ll "I`='S ~;LOdV LLSCI3::JD :~~'uD Gi~ 0`iH:;'ti. =`.'~`i"I'l~LL:~ IZEi,AilI~,:G `':~r;l~::,`~G; ~Ei'~;RT'ili~~Ii'~G ALviJ ~~+'1XI~uG ilE . rl I ~'t! 0 ~ . S~ L f~1.~ ~v r.`~~'} V~..Jl J ~p lUPI~'~JE.U C '~JL t1S~JLJVLi.) AG ` AII, ~ ~nl' tl p i` i ~ ~ 1 lb a~ 'i ~,~L ' ~r ri.'ir_1iI1~. ?'!'Zl,T ~17~'ivU .~,i , 'J r - -'k 1 n` .~~1 T P~) ~G1'~~ I ' TD 1 ri'RU~.., , OsI~Ii~!~ a,'-~~ I~AL ~1~~1 T F, _ 1' 1 __i, ~.J . fl.1;f 1 , .K~.L) .i ,J PI IGPG,L -~rl.~ 0 i~li ,11_'i'bi:~ ~ ~ii.u iS.l)1 ~J 1 A 1 D 'Y TCL'v On PARI;i; DE`'Et? Li1I'NG iIIE i~J11CL~ijI'iY Oi{' LEVYING SJCH A, ~~La `i'I-i t~ P~ ~ f ''H~ ~SiT1~L,~ :WGh ~ ~ `l` UF .~AIi~ ~G~il';; ~~PPGI~:~ I~.~~~~D AG~.IivS' A3U'i' 1' iG Pi~.CPL f~i"D ''~IE Rii;AI~ ~l:~i) `I"r~t1~; G~T_ZS ''H~i~~:~uF; 0 L- _ , , 1~ H:~t1R.lidGOi~' ~'H_ ~~i=1L 1~ivi) 'iH'J~ Gvdt, 16 OF' ;~r~li~ Ai3U`l`~'L;`UG F:iGP:,F~~~'Y, ~~~~D t~.~,L Oif3l~i~t`:> lld'~':;~tLS~i~~ll I:'~ SAID - -~P`nI- , ,r l _,_,D,--. T- , , ~ ~~U ~r~~,..l' GF~ L~ ~i:, PF~OC"~~:~Ga q~~i1 (.,OT'v'i''R~~Ca. i,0i1C~;P~T~1- ( i T' . r ...i., . _ IiG : ~1.)a~,~.~! LL, 41,~, PROC TGj, 11~j L Ti Yt~~..~ ~x~T~L~ ~ JI~.~C ~'~i~1G iII~ Cil'~ :~AG~;~~ UF CT]._~ Cii' PA:cID' 'iJ CxIVE N0n'ICE Ur SAi:13 . {-.r:'1 - J. . ~7 7-~`: r rJV 'li77 ".~t : 71~,7r~ir~ r't'r~1i "~,-,-fs.~-~6 ~ 11 1•t i~ .1 ~ 1L -.1V .~,i ti J i l J~i V.L Li~ i~ :.J 1 L r1 .i -1~ vV b C: 1 i,....j J~. li 1.:~ V: .l , i i~11?~7~ ~~~~"~J10j1 z,!l C~Il" 0Z1' PA P~1S; ~.i~ii) YitUViLl~`1u~11`~I J'i'~. Ij,~ 07LI~Y ~}[1~ C1=TY COU?'ICIL OF JICI`I~Y O:n PAri1'S, ~~-A :D: ject;on l. 'he CilLy Council of the CiLy of Faris, `i'Exas, hereby f%nds and determines: (a) `i'hat the City (;ouncil ol ~he "ity of Paria, exas, has heretofore by or'dinance duly enacted on the 25th day of September, A. D., 1956, deterrnined the necessity far and or- dered the improve-cnent of 30th Street, from the lvorth Curb Line of Lamar Avenue to the South Curb Line of Last Cherry Street, in the rnanner and accorrling to the plans and sbecifiea- tions theref'ar, v~rhich plans and specifieations l7ave heretofore been apla• oved and adcpted oy said Cit;r Council. (b) 'ihat a notice auly executed in the name of the City of Paris, 1'exas, of the enactment of said above describea ordinance has neretofore been filed with the County Cler~-: of Lamar Count,y, iexas, the cou:nty in vlhich said City oi Paris is situated. (c) i'hat said City Council, aft-er having duly adver- tised for bids in the manner as required by law and the Charter of saia City, did award the contract for the construction oi' said improvements to tne Larnar E;qui.pment Company, lnc., upon its lowest and best oid, and said contract, which is dated :tovember 30, 1956, has been executed b;T saia biczder and by said City, the execution of which con'tracc by the C'ity was auLhorized b.j resolution heretrfore on th:is day passed by said City Council; and the performance bond required by law and said con- trac+i, 11aS Ceer ~T'Oper'l~T ll~r'Y'__LS~1°d by' Sc11d i~ldi~@T', c.`Y1Cl approved bf anri accep-ec:~~by the :;i`Uy ;~ouneil, all as required by law and t1hz Cr.arter cl" said C'i;;y. (d) `I'nat the City Gouncil has caused the Director of Public 1'~`orys :,o prepare and zile estimates of t'r.e costs of such improvements and estimates ow t1he amounts per .front foot to be assessed against, t-he proper-Uwr abutting said stree-u Uri;:hzn the limits de-Fined, and the real and true owners L-hereof; and the ~irector oi Public u'~orks hus here+-ofore filed saiu estimates and a statlernent a i' other rnatters relating thereto with said C;ity ~ou?ZCil, ar~~ tne sarrie has been received, examined, and approved b;r saic-1 City Counci,". Section 2. ':'t1e wri tten statement ana reporl of the Director of Public Works, heretofore fileci with the City Council, showing all of the improvements on said street witrlin the limits above de.fa_ned, snowing the amounts per front foot proposed to be assess:d against the abutLing pro- perty and t:ne real and true owners i,hereot, on said street, for saiu improvements, showi_ng the total esi,irnatecz cost of said improvernents on said st;reet proposed to be assessed asainst and paid by the abut;ting propert,y and the real and true owners trlereo:i, showin;; the r;otal estimated cost of said improvements proposed to be paid 'oy the City of Paris, `l'exas, having oeen received and exar.nined by the Cits,r Cou;lcil, said report and the estimates therein contained are hereby in all things approved ana adopted; and it is hereby found and de- termined by the City Council that the estimated amounts of the sevcral respective ite.ns of costs of aaid improvements as above described on said street are as follows, to-wit: (1) J:'otal cost of improvements to be charge d an apa=i d by the abutt inb property and the real and true owners thereof 5s;6 _622tjj (2) Total cost of said improvements to be paid by the :;ity of Paris 04.118.98 (3) Co st ner front foo t for curb and gutters, where required . . (4) motal front foot cost for paving to owmers 1.02 ~ (5) hmount per front foot pavin; to be paid by the City of Par_is 1•02._ Section 3. A portion of the costs of said improvemen.ts shall be pai.d 'oy and defrayed by the L'ity of Paris, `I'exas, and a portion of the costs thereof shall be assessed against and paid oy the property abutting unon said street witin the limits above defined, and the real and true owners thereof, in accora- ance wii,h and in the manner provided by Article 1105b, Revised i;ivil Statutes of Texas, 1925, as amended, and adopted by the Gharter of the City of Paris, `''exas; and the total costs of said improvements on said st;reet as hereinabove aescribed, shall be and tne sarne are hereby apportioned between said parties and shall 'oe paiu and def'rayed as fol lows: (a) i'he City installations, if any paration and paving w than one-third of the and pavino of all of the Cit,y Counc:il may pay all or any part o vffiich raay bu a11owEd and the o?PJrer trereoz paration and paving a `i'he remaining costs o the Droperts,T a.buttins shall pay aIl of the ccsts of drainage , all c,he costs of excavation, base pre- ithin street inLersections, and not less costs of excavation, base preparation, the portien of said street; in cases where deem it ,lust a:~.d proner, the Ci ~,y sha:_i E' the a,nount of any credited ad;ustment Ln the assessment of abutting properties for the; costs of excavation, base pre- ld of installation of curbs and tutters. ' all such improvements sh.all be paid by such pornion of said street and the owners thc;reof in accordance vvTith the t;harter of the Uity 01' Paris and the statutes of `Aexas, nerei.nabove referred to. (b) >>,;o assessmenL shali be made agai_r,st any abuttin; propert;r or the real and t,rue owners therea.f' for the costs iz1 excess of the benefits tc such property .;.n enhanced value chereof by means of such improvements. The amounts of such assessnlents shal1 constitute a first and prior iien tzpon all sucn properti 3s an,a a personai l; ability ai the true and real. ovTners thereof, whethcr correc tly named or noi,, ar.d shall be payable in installments as follows: When the improvements herdn ordered fcr the street designated above have been com- pleted and accepted 'oy the City of Paris, the amount of the assessment against each property abutting thereon ana, the real and i,rue oti,mer thereof sha1l pe and become payable in five (5) equal annual installments, due respectivel thirty (30) days aiter one (1), two (2), three (3), four (4) and iivc (5) years frcm the date o.i acceptance by the City, together with inter- est on each installment froYn said date cl acceptanc~:,~ until paid at the rate of six per cent (6~) per annum, payable annually; nrcvideu, however, that the ouvners of any of said property shall have thc privilege of paying all or any of said install- ments at any time before raaturity thereoi by payir~g the tcta_l amount oi the principal of suciz instal_lments, together with the irzterE::st accrueu thereon to the date oi payment. Further, ii defaul t be mac:e in the pay:nent c.`' any cl said installments of principal or interest prornptIy as the same rriature, then at the optLon of the City of i'aris, the en-tire amount of the assess- ment upon vrhich default is macze, together titiTith reasonable attorrieyt s fees and all collection costs incurred, shall Qe and beccrrle ii:li^leaiately due and pavable. Section 4. A nearing shall be held and given t:,o the real and true owners *,nerecf, and all oti,mynz or claiming any interest in any property abutting upon said street within the limii,s abcve defineU as to the assessments ano as to the amount to be assessed against each parccl of abutting property anci the real and true owners tnerecf as to the special benefits, if an;T, to sai;z pronerty t•o be received frorn saict improvenlents, and concerning any errcr, i_nvalidz ty, or irregularity in any nroceedin;s or contract with reference tnereof, ti,rhi chhearirg shali oe held by the City Counc:i.l of I'aris, laxas, at 7:00 o'cloc'{ P. 1. on the lith day ci' Yebruary, A. li., 1957, at which time and place ali per.sons, f_irms, corporatians, or estates owming or clairning any such abui,ting nroperty, or i_nterest therein, their agEnts, or attorneys, shall 'rae noti- f:ied to appEar and to be heard in person, or 'ay caunsel, anci may offer evide:nce; and the City nanager of the City o:i Paris, `::'exas, is hereb;j d.irected_ 'co give not:i:ce oi said hearing by pu'olication of notice in the Paris Wews, a newspaper of general circulation in the Ci -Ly of t'aris, T,xas; said notice shall 'oe published at least three times in sa:Ld newspaper 'oefore the date set for hearing, the firs! of wnich sha11 pe at leas.t ten days prior to the date oi sa:ia hearin;, and such notice by publication shall be valid and sufficient, without any further form or character of r:otice. Sect,ion 5. rollowinz; such hearing as above provided, assessments will be levied against such abutting proPertyT and the real anci true owners thereof, as hereina'pove specified and provided, to be payable as hereina'pot=e specified ancl provided. Section 6. This ordinance shall become effective immeJ.iately upon passage. Passeci and adopted by the Citv Council of tht. City a F' Pari s, on thi s the 2 3 th day af J antzary, A. D., 1957. , May o r ; ,,~~I, ~:1 :J 1,~ 1 : Citv cler AF'PJtiOU E1? AS `l i i i)~~~T: C;+y At,~orney.