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Home My WebLink About1976-028VOL 818 PACE 64 DEED RECORti� No AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED IN STREET PAVING ASSESSMENT ON AVENUE F FROM STELLA STREET TO THE NORTH TEXAS STATE UNIVERSITY MAINTENANCE YARD, FINDING AND DETER- MINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETSIWITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPT- ANCE OF SAID WORK, PROVIDING FOR THE COMPLETION AND ACCEPTANCE OF SAID WORK, PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The City Council of the City of Denton, Texas, finds that the Director of Community Development has prepared an estimate of the cost of improvements on Avenue F from Stella Street to the North Texas State University Maintenance Yard, the estimate of cost hav- ing been completed and filed in the office of the Director of Com- munity Development ten days prior to the date of this ordinance and the estimates of cost so prepared and filed are hereby approved The City Council further finds that the plans and specifications prepared by the Director of Community Development for the improve- ments of the herein named streets are satisfactory, and such plans and specifications are hereby approved The City Council finds that due notice and opportunity to be heard on this assessment has been given, and that notice of the public hearing was given at least ten days before the date of the hearing and inserted at least three times in a newspaper published in the City of Denton, as required by law The public hearing was opened and held in accordance with the ordinance and notice, at which time and place an opportunity was given to all of the persons, firms, corporations and estates owning or claiming any such abutting pro- perty, or any interest therein, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice In the course of the hearing, sufficient and competent evidence was heard showing that the improvements to be placed along the property in- volved would in each instance increase the value of such property by more than the cost of such improvements to the property owners Based on the evidence, matters, testimony and ob3ections considered at such hearing, the said City Council has determined that the pro- perties and each and every parcel of such property abutting upon the streets and units as hereinafter set out will be enhanced in value and specifically benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter assessed against each of said parcels of property, abutting upon said streets and the real and true owners thereof The cost of improvements of each portion of street ordered improved herein shall be apportioned among the parcels of abutting property and owners thereof in accordance with the front foot plan, which plan is found to be fair and equitable SECTION II There is hereby levied and assessed against the parcels of property described in Exhibit B attached hereto and made a part hereof, and against the real and true owners thereof, whether such owners are named or correctly named in such exhibit or not, the sums of money shown opposite the description of property in such exhibit. SECTION III Where more than one person, firm or corporation owns an in- terest in any parcel of property described in Exhibit B, each owner shall be personally liable only for the prorata share of the total assessment against such property in proportion as such owner's in- terest bears to the real ownership of such property, and such owner's interest in such property may be released from the assessment lien upon payment of such proportional sum SECTION IV The several sums mentioned in Exhibit B and assessed against the respective parcels of property described therein and the owners thereof and interest thereon as specified herein, together with ex- penses of collection and reasonable attorney's fees, if incurred, shall be a first and prior lien on the respective parcels of pro- perty assessed superior to all other liens and claims, except State, VOL 818 mu 765 -2- VOL 818 PAGE 766 County, School District and City Ad Valorem taxes, and shall be a personal liability and charge against the real and true owners of such property, whether such owners are named or correctly named in such exhibit or not CF.rTTnNT 17 The several sums mentioned in Exhibit B and assessed against the respective parcels of property described therein and the owners thereof shall be payable by one of the alternative methods below set forth (a) Placing an amount equal to the paving assessment in escrow for the City of Denton with the Department of Finance 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 in- stallments not to exceed three years if the front footage is less than 300 feet, four years if the front footage is 300 feet to 400 feet, and five years if the front footage is over 400 feet Interest on the note or notes, payable in equal monthly in- stallments, shall be at a rate of eight (8%) percent per annum Any balance on any note that is due and owing and unpaid shall carry an interest rate of eight (8%) percent per annum 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 default is made in the amount of any such installments or interest, the entire unpaid balance of the assess- ment 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 (c) In the event the amount payable for the paving assessment is not placed in escrow, as provided in paragraph (a) above, or by -3- the execution of notes, as provided in the foregoing paragraph, the full sum of the assessment as shown in Exhibit B shall be due and payable upon the completion and acceptance of the work pro- vided for herein SECTION VI For the purpose of evidencing the several assessments levied, assignable certificates may be issued by the City of Denton upon completion and acceptance of the improvements Such certificates, if issued, shall be executed by the Mayor, signing the same, or by his facsimile signature impressed thereon, and attested by the City Secretary, under the impress of the corporate seal, and shall be payable to the City of Denton or its assigns Such certificates shall provide in substance the following (a) The amount of the assessment as specified in Exhibit B, together with time, terms, rate of interest and conditions of pay- ment as specified in Section V above (b) The terms and conditions of default as specified in Sec- tion V above (c) That the proceedings with reference to making the improve- ments therein referred to have been regularly had in compliance with the law and that all prerequisites to the fixing of the assessment lien against property described in the certificate and the personal liability of the owner or owners thereof have been performed (d) Coupons may be attached in evidence of the several in- stallments which may be signed with the facsimile signatures of the Mayor and City Secretary (e) That the City of Denton shall exercise all of its lawful powers when requested by the holder to aid in the collection thereof Such certificates may also contain other appropriate and perti- nent recitals SECTION VII In the event any such assessment for any reason whatsoever shall be held or determined to be invalid or unenforceable, then the City Council reserves the right to supply any deficiency in proceedings with reference thereto and correct any mistake or irregularity in VOL 818 PACE 767 -4- t VOL 818 PAGE '168 connection therewith, and at any time to make and levy reassess- ments after notice and hearings as nearly as possible in the manner provided by the Statute referred to in Section VIII here- of for original assessments and sub]ect to the provisions thereof with reference to special benefits SECTION VIII Such assessments are levied under the provisions of the Acts of the Legislature of the State of Texas, known as Article 1105b of Vernon's Texas Civil Statutes and APPROVED this thel8th day of May, A D 1976 �• ..,u.r rrr�yr A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM J,C ��. - PAUL C I AM, CITY ATTORNEY CITY OF DENTON, TEXAS ELINOR HUGHES, R CITY OF DENTON, TEXAS -5- LJ 0 0§ 0 y 0 0 �\ G 2 G 2 2 2 2 Q a \ \ 2 G 2 G / �\ \ » a 0 C ° ( / / 4 / A)( M m #, 2 rte H / \ ® J § \ E ) w » / E m ( \¥ M ^ \ ° § / ` w j § § 0 _ ` 2 ° ; 2 L / & 2 S G$ 0 n° ® S m ¥ iR ) / p \ En M . , ,= m , (A ƒ 4 )( Q § \ j � t e u/ # ; ` \ � a & 2 o a § „ R e 0 cn \ \ \ \ ® G § ?/ 2 ( / . ; / 2 ` ) w \ \ / rA / In ( $ / & . _ . - . e �4 Ff C 2y rt § @) & 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