2017-347S:\Legal\Our Documents\Ordinances\17\Feagins Foreclosure Ordinance.docx
► NO 2017-34T
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO INITIATE FORECLOSURE PROCEEDINGS ON PROPERTY KNOWN AS
LOT 8A, BLOCK 7, JASPER ADDITION, RECORDED IN CABINET Y, PAGE 771, FILED
DECEMBER 9, 2008, PLAT RECORDS, DENTON COUNTY, TEXAS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; SEVERABILITY AND AN EFFECTIVE
DATE,
WHEREAS, on June 10, 2009, the City of Denton entered into that certain Promissory
Note and Real Estate Lien Note with Joseph Feagins and Loveta Jackson ("Property Owner"); and
WHEREAS, the loan is in default and loan documents executed by Property Owner provide
that upon default the note may be matured and indebtedness accelerated; the Property Owner is
deceased and staff is ready to initiate foreclosure proceedings since settlements with heirs have
been unsuccessful; and
WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate
foreclosure proceedings in order to acquire the Property Interests; NOW, THEREFORE,
SECTION 1. The above recitals are fully adopted and incorporated herein for all
purposes.
SECTION 2. The City Council approves and authorizes, without further authorization
from City Council, (a) the City Attorney, or his designee, to initiate foreclosure proceedings; (b)
the City Attorney, or his designee, to take any and all actions required to retain additional counsel
to prosecute the proceedings in the foreclosure; and (c) the payment, after approval by the City
Attorney, or his designee, of all the attorney fees and costs associated with the foreclosure
proceedings.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ? V' -day of gyy��2017
/X
CH ZfS A—:1 -TS, MAYOR
S:\Legal\Our Documents\Ordinances\17\Feagins Foreclosure Ordinance.docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VEE A " TO LEGAL FORM:
A:I (,9t I.. CITY ATTORNEY