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HomeMy WebLinkAbout1976-027NO % ku A % DEED RECORD' 707 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF A PORTION OF AVENUE F FROM STELLA STREET TO THE NORTH TEXAS STATE UNIVERSITY MAINTENANCE YARD 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 that certain portion of Avenue F from Stella Street to the North Texas State University Maintenance Yard as hereinafter listed and enume- rated in Exhibit A, which is attached hereto and made a part here- of SECTION II Such street shall be improved by cutting or filling to bring it to grade, by widening and straightening, by constructing, re- constructing, 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 pre- pare 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 VOL 818 eAGE 759 VOL 818 PACE 760 than ninety (90%) percent 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 esti- mated 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 hear- ing provided by law, and no assessment shall exceed the special bene- fits in enhanced value to the property and the owners thereof by reason of such improvements SECTION V Such assessment shall be payable either by (a) Placing an amount equal to the paving assessment in escrow for the City of Denton with the Director 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 installments 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 a straight interest rate of eight (8%) percent 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 I£ default is made in the payment of any such installment or interest, the entire unpaid balance of the -2- 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 immediately 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 thereto also known as Article 1105b of Vernon's Civil Statutes, adopted by the Charter of the City of Denton, Texas PASSED and APPROVED this the lath day of May, A D 1976 Zoo ELINOR RUCHES, MAYOR CITY OF DENTON, TEXAS ATT /E S CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM czel�z? IL� CITY ATTORNEY CITY OF DENTON, TEXAS VOL 818 ME 761 -3- EXHIBIT A ,VOL K8 PAGE 762 1 Avenue F from Stella Street to the North Texas State University Maintenance Yard 2 This is an addition to Street Paving Assessment Project No 7 the low bid being $758,596 31 and which will be increased to encompass Avenue F from Stella Street to the North Texas State University Maintenance Yard 3 The assessment to adjoining property owners is (a) Curb, gutter and street paving - $10 00 per front foot (b) Street paving where curb and gutter exists - $7 40 per front foot (c) Curb and gutter only - $2 60 per front foot