1976-028 DEED R E'CO~I~ NO lil ~ ~ -- ~ ~
708
-~q ORD~N-a~ICE CLOS~NG THE HEARING ~D 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 S%ate University Maintenance Yard, the estimate of cost hav-
ing been oompleted and f~led ~n the office of the Director of Com-
munity Development ten days prior to the date of this ordinance
and the estlmates of oost so prepared and filed are hereby approved
The City Council further f~nds that the plans and specifications
prepared by the D~rector of Community Development for the improve-
ments of the herein named streets are satisfactory, and such plans
and speolf~oat~ons are hereby approved
The C~ty Council f~nds that due notice and opportunity to be
heard on th~s assessment has been given, and that notice of the
publlc hearing was glven at least ten days before the date of the
hearing and inserted at least three times in a newspaper published
in the C~ty of Denton, as required by law The public hearing was
opened and held in accordance wlth the ordinance and notlce, at whlch
time and plaoe an opportunity was given to all of the persons, firms,
corporations and estates owning or claiming any such abutting pro-
perty, or any interest there~n, to be heard and to offer evidence as
to all matters ~n accordance w~th said ordinance and notice In the
course of the hearing, sufficient and competent evidence was heard
showing that the lmprovements to be placed along the property in-
volved would in each instance ~ncrease the value of such property
by more than the cost of such improvements to the property owners
Based on the evidence, matters, testimony and ob3ectlons considered
at such hearing, the said City Council has determined that the pro-
pertles 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 mere 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,
,
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,A,E 7§6
County, School Dlstrlct and City Ad Valorem taxes, and shall be a
persona& l~abzl~ty and charge against the real and true owners of
such property, whether such owners are named or correctly named ~n
such exhibit or not
SECTION V
The several sums mentioned ~n 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 ~n
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) Exeeutlng a note or notes, payable to the City of Denton
· n an amount equal to the paving assessment to be assessed against
the abutting property, said notes to be payable in equal monthly ~n-
stallments not to exceed three years if the front footage as 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 ~n equal monthly in-
stallments, shall be at a rate of e~ght (8%) percent per ann~
Any balance on any note that ~s due and owing and unpaid shall
carry an ~nterest rate of elght (8%) percent per annum until paid
Any such lnstallment may be paid at any time before maturity
by the payment of the prlnclpal and accrued interest thereon Past
due principal and interest shall bear interest at the same rate from
maturity until pald If default as made in the amount of any such
· nstallments or interest, the entire unpaid balance of the assess-
ment plus interest shall, w~thout not~ce 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 ~ncurred In the
event of such default, collectlon shall be enforced by suit an any
court having ~urlsd~ct~on
(c) In the event the amount payable for the paving assessment
as not placed in escrow, as provided In paragraph (a) above, or by
the executlon of notes, as provided in the foregolng 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-
v~ded for here~n
SECTION VI
For the purpose of evldenclng the several assessments levied,
assignable certificates may be ~ssued by the City of Denton upon
completion and acceptance of the lmprovements 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 an Exhibit B,
together with tame, terms, rate of ~nterest and conditions of pay-
ment as speo~fled an Section V above
(b) The terms and conditions of default as specified in Sec-
t~on V above
(c) That the proceedlngs w~th reference to making the ~mprove-
ments there~n referred to have been regularly had ~n compliance with
the law and that all prerequ~sltes to the fixing of the assessment
lien agalnst property descrlbed 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
stallments which may be slgned with the facsimile signatures of the
Mayor and C~ty Secretary
(e) That the C~ty of Denton shall exercise all of its lawful
powers when requested by the holder to aid in the collection thereof
Such certlflcates may also contain other appropriate and perti-
nent recltals
SECTION VII
In the event any such assessment for any reason whatsoever shall
be held or determlned to be lnval~d or unenforceable, then the City
Council reserves the r~ght to supply any deficiency an proceedings
with reference thereto and correct any mistake or Irregularity in
767
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F'/ ~'~'/"~ CITY OF DENTON, TEXAS
B~OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
PAUL C ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
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