The URL can be used to link to this page

Home My WebLink About1983-135NO AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF DENTON, TEXAS, ORDERING TO BE PREPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS, AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS, DIRECTING THE GIVING OF NOTICE, DETERMINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF DENTON, PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF SUCH COST AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT, DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT, AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I A necessity exists for the permanent improvement of those certain portions of streets hereinafter listed and enumerated in Exhibit A, which is attached hereto and made a part hereof SECTION II Such streets shall be improved by cutting or filing them to bring them to grade, by widening and straightening, by constructing, reconstructing, repairing and realigning curbs, by constructing appurtenances and incidentals to such improvements, including all drains and culverts, all as shall be recommended by the City Engineer and approved by the City Council The City Engineer shall prepare an estimate of the cost of such improvement and shall draw and prepare all necessary plans and specifications SECTION III The City Secretary is hereby directed to cause to be prepared a notice of the enactment of this ordinance and file said notice with the county Clerk of Denton County, Texas, among the mortgage or deed of trust records of said County SECTION IV. The cost of such improvements shall be paid for by the City of Denton The City of Denton shall reimburse itself for not more than ninety percent (90%) of the Cost Of the improvements by the assessments against the respective abutting property and the real and true owners thereof in accordance with the provisions of Article 1105b, Revised Civil Statutes of the State of Texas The amount of such assessments shall constitute a first and prior lien upon all such property and a personal liability on the real and true owners thereof, whether correctly named or not The property abutting on the street shall be assessed on a per front foot basis, the estimated cost per front foot and the estimated total cost of the total paving being as set forth in Exhibit A No assessment shall be made until after the notice and hearing provided by law, and no assessment shall be made against any abutting property or owners thereof in excess of the special benefits of such property, and its owners in the enhanced value thereof by means of such improvements as determined at such hearing SECTION V Such assessment shall be payable either by PAGE ONE (a) Placing an amount equal to the paving assessment in escrow for the City of Denton with the City Engineer, Department of Public Works to be paid upon completion and acceptance of the paving by the City of Denton, or, (b) Executing a note or notes, payable to the City of Denton, in an amount equal to the paving assessment to be assessed against the abutting property, said notes to be payable in equal monthly installments not to exceed five (5) years Interest on the note or notes shall be due and payable yearly and shall be at a rate of ten percent (10%) per annum Any balance on any note that is due and owing and unpaid shall carry a straight interest rate of ten percent (10%) until paid Any such installment may be paid at any time before maturity by the payment of the principal and accrued interest thereon Past due principal and interest shall bear interest at the same rate from maturity until paid If detault is made in the payment of any such installment or interest, the entire unpaid balance of the assessment plus interest shall, without notice to the owners, and at the option of the holder of the Certificate of Special Assessment, if any, immediately become due and payable together with expenses of collection and reasonable attorney's fees, if incurred In the event of such default, collection shall be enforced by suit in any court having jurisdiction Upon the completion of the improvement and the acceptance thereof by the City of Denton, the assessment made against all abutting property owners who have not made arrangements for the payment of the assessment as above set forth, shall be immedi- ately due and payable SECTION VI. in making such improvements, the City Council is acting under the provisions of the Act passed at the first called session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said session, together with amendments there- to also known as Article 1105b of Vernon's Civil Statutes, adopted by the Charter of the City of Denton, Texas SECTION VII A public hearing is called for the 3rd day of january, 1984 in the city Council Chambers, Municipal Building, Denton, Texas PASSED AND APPROVED this the 6th day of December, 1983 J !I NOR .1 I A, W-1 � M WMI -AW."Aw" R ATTEST LTW�E ALLENF CITY_ -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TLXA BY PAGE TWO EXHIBIT "A" Estimated Front Foot Cost to Property Owners $50-$60 Front Foot Estimated Total Cost to Abutting Property owners $550,000 00 RIDGLWAY DRIVE EAST SIDE Front Footage OwnershiP 755 24' southridge Limited Partnership (David Dunning) 2235 48' Denton Residential, N V (Ken Shulman) Address 7007 Preston Road Dallas, Texas 75205 2001 Bryan Tower, Suite 3000 Dallas, Texas 75201 1884 60' Dimension Development Co 1910 Pacitic Avenue, Suite 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WEST SIDE Front Footage Ownership 1535 641 Dimension Development Co 2241 41' Denton Residential, N V (Ken Shulman) 300' TOM Fouts & Frank Crockett 391 50' Colson Real Estate (Bill Colville) 122 29' Southridge Limited Partnership (David Dunning) PAGE SOLO Address 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 2001 Bryan Tower, Suite 3000 Dallas, Texas 75201 700 Dallas Drive Denton, Texas 76201 3010 Santa Monica Denton, Texas 76201 7007 Preston Road Dallas, Texas 75205 IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record -Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: ORDINANCE NO. 83-135 Paving & improvements of certain streets 31 lines $12.40 DECEMBER 209 1983 PUBLISHED TWICE IN THE LEGAL NOTICE SECTION AS RERUESTED BY CHARLOTTE A0ENojCITy !�tCRETARY Subscribed and sworn to before me this day of 919 Z�:Z) Witness my hand and official seal. Notary Public, Denton County, Texas MW vD V �j 315,- 1. - - 'm 0 —,c b Ck. M eD o j go w -a- f- up tv lm* 0,c! w a cb, -H 21"--, i� CL a Gp 40 n Saw F, z 30.1 21 40 m M 0 :t lb 'm (a 5— fo (D COL'S x A 0 :L ;0R.""A 0 Imb 'a 2 Z. — ffL I - i 2 1. T � 4 C. Z's, 0-" 10 A Ot r 0 a s! n < co CU :j VO, 0) m - -1 1 & , T<., 3 MCM W a 3 no 0 n-" ISO M LN. Mr 41 n '.3 4;CL 0 5 o M m 10 — Z) ib CL Z.3 M 1% ID (D 'o. ::t. (D -3 40 'D e, 3 (D i; 'D 0, �,r 11 '2 40. 1 a, waw w ei. CO Im, l—'V -,n Wo Om 0, 0, 0 c 6ao 0 a) Et, :3 (D CL Oil CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney Joe D. Morrisq Aasistant City Attorney Robert B. Hunter, Assistant City Attorney DATE: December 2, 1983 TO: Charlotte Allen, City Secretary FROM: C. J. Taylor, Jr., City Attorney SUBJECT: Ridgeway Drive Paving Assessment Attached is an original Notice of Assessment which must be filed with the County Clerk of Denton County, Texas, among the mortgage or deed of trust records. If you have any questions concerning same, please advise. CJTJR: j s C. J / TAYLORrp'. r Vft.1305PAGE240 REAL PROPERTY RECORDS NOTICE OF ASSESSMENT 54303 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON S That the duly elected and constituted City Council of the City of Denton, Texas, adopted Ordinance No on the 6th day of December, 1983, declaring a necessity for and ordering the permanent improvement of those certain portions of streets in the City of Denton hereinafter listed All of such improvements shall be constructed in accordance with the plans and specifications therefor, which are now on file with the City Council of the City of Denton and to which plans and specifica- tions reference is hereby made for a more particular description of such improvements The portions of streets to be so improved are to be designated and defined as street units as set forth in Exhibit A, which is attached hereto and made a part hereof Said ordinance further provides that a portion of the cost of said improvements is to be specially assessed as a lien upon property abutting the street improved and as a personal liability against the owners of such abutting property, such assessments to be payable to the City of Denton Wherefore, the City of Denton, Texas, acting by and through its City Council has caused this Notice to be signed by the City Secretary in the name of the City of Denton and to have the official seal of the City of Denton hereto affixed this the rftpecember, 1983 X� '�4*; 9 t' 6 pe CHARISOTTE-KLLEN, CITY SECRETARY CITY Ok DENTON, TEXAS �JMST�TE OF TEXAS S COUNTY OF DENTON S This instrument was acknowledged before me on the i day of December, 1983, by Charlotte Allen, City Secretary of the City of Denton, Texas, a municipal Corporation, on behalf of said City of Denton aJOANN GARBALIK C k" pum]; Sto of YOU L I '�. ' , Ae ,tQ=i8"EVkftS1PL3Q6!LV TTARY PUBLIC, STATE my Commission expires q , jr -Y� NOTICE OF ASSESSMENT -PAGE ONE VOL 1205PACE241 EXRI13IT "A" Estimated Front Foot cost to Property Owners, $5@�,,W�ftont Foot Estimated Total Cost to Abutting PropeTty Owners $P50'000 00 RIDGEWAY DRIVE STREET & DRAINAGE PROJ14CT Ridgeway Drive-(FrOM Interstate Highway 35-E to Teasley Lane) East Side Front Footage Ownersh12 755 24' Southridge Limited Partnership (David Dunning) 2235 48' Denton Residential, N V (Ken Shulman) Address 7007 Preston Road Dallas, Texas 75205 2001 Bryan Tower, Suite 3000 Dallas, Texas 75201 1884 60' Dimension Development Co 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Side Front Footage Ownership 1535 64' Dimension Development Co 2241 41' Denton Residential, N V (Ken Shulman) 300' Tom Fouts & Frank Crockett 391 50' Colson Real Estate (Bill Colville) 122 29' Southridge Limited Partnership (David Dunning) Address 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 2001 Bryan Tower, Suite 3000 Dallas, Texas 75201 700 Dallas Drive Denton, Texas 76201 3010 Santa Monica Denton, Texas 76201 7007 Preston Road Dallas, Texas 75205 PAGE SOLO VOL 1305PAGP242 WATE OF TM =M or gum I MZ.'T, =,N*n ftm% Tom 4( 41110 and time stqmpad Instmated wu olodooft carded in the v,,,nw a 6"" by ft 4M Wes d* a nd page of he jemM Male 9 as �tampad berm IV w4h DEC 81983 Ag� q. dUloo, Mft DOWN ftwlft� ftywo