1976-027 7b
D ED RECO D J '70
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 port~on of Avenue F from Stella Street to the North Texas
State University Maintenance Yard as hereinafter l~sted and enume-
rated · n Exhibit A, which Ks attached hereto and made a part here-
of
SECTION II
Such street shall be lmproved by cutting or f~lllng to bring
it to grade, by wldenlng and stralghtenlng, by constructing, re-
constructing, repairing and realigning curbs, by constructing
appurtenances and ~nc~dentals to such lmprovements, ~nclud~ng all
drains and culverts, all as shall be recommended by the C~ty Engineer
and approved by the City Council The C~ty 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 C~ty Secretary ~s hereby d~rected to cause to be prepared
a not~ce of the enactmen~ of th~s ord±nance and f~le saxd notice
wlth the County Clerk of Denton County, Texas, among the mortgage
or deed of trust records of sa~d County
SECTION IV
The cost of such ~mprovements shall be pa~d for by the C~ty
of Denton The C~ty of Denton shall reimburse ~tself for not more
818
than n~nety (90%) percent of the cost of the ~mprovements by the
assessments against the respective abutting property and the real
and true owners thereof in accordance with the provisions of Article
l105b, 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-
lng 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
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 pa~d 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 payment of any
such installment or interest, the entire unpaid balance of the
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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 attorneyfs 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 l105b of Vernon's Civil Statutes, adopted by the
Charter of the City of Denton, Texas
PASSED and APPROVED this the 18th day of May, A D 1976
ELINOR HUCHES, MA~0R
~ CITY OF DENTON, TEXAS
,. x ,,/1
~',, ~ ~ ~ ~,'~' ..~
B~R~S HOLT, CITY SEC~TARY
CI~ OF DENTON, TE~S
~PRO~D AS TO LEGAL FO~
.....
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EXHIBIT A
Avenue ~ fro~ Stell~ Street to t~e ~orth Te×as State ~n~vers~ty
This is an addition to Street Paving Assessment Project No 7
the low bid being $758,596 31 and which will be ~ncreased to
encompass Avenue F from Stella Street to the North Texas State
University Maintenance Yard
The assessment to adjoining property owners ~s
(a) Curb, gutter and street paving - $10 00 per front foot
(b) Street pav~ng where curb and gutter exists - $7 40 per
front foot
(c) Curb and gutter only - $2 60 per front foot