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1975-045NO 75- V S DEED RECORDS 18629 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF DENTON, TEXAS KNOWN AS STREET PAVING ASSESSMENT PROJECT NO 7, ORDERING TO BE PREPARED AN ESTIMATE OF THE COST OF SUCH IMPROVE- MENTS AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS, DIRECTING THE GIVING OF NOTICE, DETERMINING THE COST OF SUCH IM- PROVEMENTS 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 those cer- tain portions of streets hereinafter listed and enumerated in Ex- hibit A, which is attached hereto and made a part hereof SECTION II Such streets shall be improved by cutting or filling 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 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 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 paid for by the City of Denton The City of Denton shall reimburse itself for not more 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 VOL 764 PAGE 519 ' VOL 7614 muE 520 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 estimated 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 benefits 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 If default is made in the payment of any such installment or interest, the entire unpaid balance of the assessment plus interest shall, without notice to the owners, and at the option of the holder of the Certificate of Special Assess- ment, if any, immediately become due and payable together with ex- penses 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 PASSED and APPROVED this the 00 day of November, A D 1975 r ~ ~ v f r~ ~"TTES`1 ©K~TTbLT, G R TAR CITY OF DENTON, TEXAS OMT , A. R CITY OF DENT , TEX APPROVED AS TO LEGAL FORM L C ISHAM,TY ATTORNEY ,~S CITY OF DENTON, TEXAS [ von 764 PAGE 521 EXHIBIT A tva 764 PAGE 522 1 The following streets are included in Street Paving Assessment Project No 7 Street Hettie Street-Between McKinney Street and Paisley Drive Lindsey Street-Between I H 35E (North Service Road) and Fort Worth Drive Rose Street-Between Paisley Street and Uland Street Uland Street-Between Frame Street and Rose Street Davis Street-Between Crawford Street and Wood Street Greenlee Street-Between Avenue A and Neff Street Greenlee Street-Between Avenue C and Knight Street Oakwood Street-From Mercedes Street east to end of R 0 W Ruddell Street-Between McKinney Street and Oak Street All Streets in Spring Valley Addition Sena Street-Between Malone Drive and Bradley Street Peach Street-Between Bell Avenue and Fowler Street Gober Street-Between Scripture Street and Sena Street Fain Street-Between Carroll Boulevard and Bolivar Street Ross Street-Between Carroll Boulevard and Bolivar Street Hinkle Street-Between Greenbriar Street and Sanger Road Boyd Street-Between Wayne Street and Lattimore Street Prairie Street-Between Bonnie Brae and Avenue H Bernard Street-Between Roselawn and Willowwood Bernard Street-Between I H 35E (North Service Road and Greenlee Street Avenue D-Between I H 35E (South Service Road) and Underwood Donna Street-From Hwy 77 north to Del Drive-Between Donna Street and Riney Road-Between Hwy 77 and Del The low bid for the total street p No 7 was $758,596 31 The amount perty owners is $385,931 10 end of R 0 W Riney Road Drive 3.ving assessment for Project assessed to adjoining pro- 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