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1983-135N 0 �'' �� 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 CUST OF SUCH IMPROVEMENTS� AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS, DIRECTING THE GIVING OF NOTIC�, DETERMINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF DENTON, PROVIDTNG A METHOD FOR THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTTON OF SUCH COST BY ASSESSMENT OF A PORTION OF SUCH CUST 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 OE 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 Czty 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 paifl for by the City of Denton The City of Denton shall reimburse itself for not more than ninety percent (908) 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 qwners thereof, whether correctly named or not The property abutt�;ng 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 provided by law, abuttxng property benefits of such thereof by means hearimg shall be made until after the notice and hearing and no assessment shall be made against any or owners thereof in excess of the special property, and its owners in the enhanced value of such improvements as determined at such S�CTION V Swch 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 abuttinq 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 anfl payable yearly and shall be at a rate of ten percent (108) 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 deiault is made in the payment of any such installment or interest, the entire unpaid balance of the assesament 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 7urisdiction 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, shell 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 callea for the 3rd day of January, 1984 tn the City Council Chambers, Municipal Building, Denton, Texas PASSED AND APPROVED thls the 6th day of D�cember, 1983 I �� ;�•� . ., ,� .. . ATTEST �6�� Ez�� CITY OF DENTON� TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DEN'.CON, TEXA BY G. PAGE TWO EXHISIT "A" Estimated Front Foot Cost to Property Owners $50-$60 Front Foot Estimated Total Cost to Abutting Property Owners $550,000 00 Front Footage Ownershlp 755 24' 2235 48' RIDG�WAY DRIVE EAST SIDE Southridge Limited Partnership (David Dunning) 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 PaciYic Avenue, Su1te 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Front Footage Ownership 1535 64' 2241 41' 300' 391 50' 122 29' WEST SIDE Dimension Development Co Denton Resldential, N V (Ken Shulman) Tom Fouts & Frank Crockett Golson Real Estate (Bill Colville) 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 llallas, Texas 75205 IN THE MATTER OF CITY OF DENTON ,--� CHARLOTTE ALLEN 1'HE STAT� 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, Tex�s, preceding ti�e dute of the attached notice, and that the saicl notice was published in said �aper vn the following dates : ORDTNANCE N0. 83r135 pavin� & imarovements of cerfain streets 31 lines $12.40 DECEMBER 20, 1483 PUBLISHED TWICE IN THE LE�;AL NOTICE SECTION AS REQUE''sTED BY CHARLOTTE A�EN�,,ICITY� �CRETARY Subscribed and sworn to before me this �� duy of �� ,19 � Witness my hand and official seal. ��' Notary Public, Dent�on County, Texas PUBLI �� _ . . . � ' � ;CE B Y �� F� � PAPER .�iae�,rs � P� � '��r Sfifeets in ihe �i�y qf Denton, Texas: ordering to be pre` :pafed an:�esii+fiate,of t#►E tug�,, :; i of such ifiiprovemenis and ' I o�enr+g tAe preRa�atROn' o# � plarts. ,.and s: speeifications: .i direcfing' ihe giVmg' of -nOi��B'r'r"R1�'C1�f�'�lld��3i'�E C;l�i �� Iof such improverr�ents shall be paid by ihe City of r Der►1�; Arov�idan9 a ��elhod , fOr ihe reimbursemenT io the City of Denton for a portion of such cost by assessment of a portion_of such cost:a9airpst . , the,,prnpe�;j,y>,abutting such• ;improvements; and for the,' .; �"fixing for . a;'.lien to secure i payment,; fc►F such assess± °ment d�re�t+1n9 the.cdty sec� : � � refa►y<�Fto' file no3ice ef;; The ; assessment; and specifyin9 , action under `article 1105 re= vised civil statutes and de- clarirn,� ae�ef�ecfive date. DECEMBER 20, 1983 Ordi�pnce No.63-135 An ordin�ce declaring the necessiiy' for and orde�ing ` fhr paviipg and improve• ' menis of ;portiona ;of certain � streets in:the City,of Denion, � Tezas; oy�dering • fo be pre , pared an estimate of the cost' of;,5uch ii;i�provenienfs, and or`dering �he prepara'fibn';`of ,';pians a�d specigicatiansR , d.i,recfing the g;iving oi `'nofice; determiniFtig the cosf ' •oi such improvEmenTs shall be paid'i',by ihe' Ciir.:�:ot sDentQri; providing ,a me}ho� ; fio;r.the :reimbursement to }hE City-of Denton•for,a portior b�-such rnst tiy assessmenfi oi a pqrfion of such cost agai�sf the> property abutting ` sucF� improveir4ents; and fnr ThE fixing for a lien fo secun pa.gment ,for sueh assess m�ent; directing the city sec � retary to, fite noYice of ih� tiassessm�t; and .5pecifyin� action unt�er artic�e 11D5 re vised civ�l sfatu?ei and de� ttaring ap effecfive d�te. DECEM¢f R 20,1M3 File� ��. IN THE MATTER OF THE AFFIDAVIT OF PUBLISHER TO PUBLIC.4TION QF LEGAL NOTICE Filf�cl thr Ig_ Bv (�II)' , I)r�uty C.J. Tayior, Jr., City Attorney Toe D. Morris, Assistant City Attorrtey Robert B. Hunter, Assistant City Attorney DATE: December 2, 1983 CTlY OF DENTON, TEXAS OFFICE OF THE CTl1' ATTORNEY �1�lEMORANDUM 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:js VOt �c�� PAG� (r4O THE STATE OF TEXAS � COUNTY OF DENTON § R�IL PR�PERTY RECO�DS NOTICE OF ASSESSMENT 5�3�3 KNOW ALL MEN BY THESE PRESENTS 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 ot those certain portions of streets in the City of Denton hereinafter listed All of s�ch 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 Saxd 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 aqainst 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 t� official seal of the City of Denton hereto affixed this the � �'�t��,� �cS"f�t,December, 1983 . CJ � ,, t tr,+. � � y � � � � , �a d f . '�' �. �F ,�% � ,�M� 1G i � '�� 6 > CH RLOTT LLEN, CS-�� s K � � .�� " � '"� ` } � �� "z d CITY OF DENTON , TEXAS x v rr rtx^ R ,s P+y J q E { , �,,� f� ^9�"`f,'�,SE OF TEXAS � ia COUNTY OF DENTON § Th1s instrument was of Deaember, 1983, by City of Denton, Texas, said City of Denton acknowledged before me on the o day Charlotte Allen, City Secretary of the a Municipal Corporation, on behalf of �o��n+ � �- * /� __ � JOANN GARBACIK !� �� t� �j� S 7 �n wdia �a m Tau //V IqoomWwonEMqmS�pt3o,1L� TARY PUBLIC� STATE OF TEX�` an �o My Commis�ion exgires nj - �"�'� NOTICE OF ASSESSMENT-PAGE ONE EXHIBIT "A" `�o� 1�'O5Fa�E241 � ,� r� 4 Estimated Front Foot Cost to Property Owners� 1$S@r`��j�6+p�E�xont Foot Estimated Total Cost to Abutting Property OwnerS $�50,000 00 , RIDGEWAY DRIVE STREET & URAINAGE PROJF,CT k+� �� Ridgeway Drive-(From Interstate Aighway 35-E to Teasley Latlej East Side Front Footage Ownership 755 24' 2235 48' Southridge Limited Partnership (David Dunning) 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 DalOasacTexasA75201� Suite 1700 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Side Front Footage Ownership 1535 64' 2241 41' 300' 391 50' 122 29' 0 Dimension Development Co Denton Residentlal, N V (Ken Shulman) Tom Fouts & Frank Crockett Colson Real Estate (Bill Colville) 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 � � vo� 1�Q5PacF24� w � �� .� ��,��y �, �,�� . � � �� \ ^� 1 � � V \' � � r O lp G> P.' C .r. � P�1 =� w C �� - �, �- �� n,_ �„ ,� �� , � I � - ��'` �� < � �� x I b1ATE OF TE7(qg �� 1Nro6y c� �tlCi`M�fhis I�� rW7q *'OI� deh md hme atamped q� �� ded in Me mlume end pag� a 1tre (rop� W O�MMOn Cnuat i ac ns stampeA � UEC 81c�3�At� � � �o � e � ��