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Home My WebLink AboutO-623-8-85ORDINANCE NO. ti 2 _I - p _,q 5 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE NECESSITY FOR AND OFFERING THE PAVING IMPROVEMENT OF A PORTION OF F.M. 2170, FURTHER DESCRIBED AS BEING PORTIONS OF MCDERMOTT DRIVE, ALLEN DRIVE, AND MAIN STREET, SAID PORTIONS BEING HEREINAFTER DECRIBED AND IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. APPROVING THE PLANS AND SPECIFICATIONS FOR SUCH WORK, AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, AND DIRECTING THE PREPARATION OF ESTIMATES, INVOKING THE PROCEDURE PROVIDED BY ARTICLE 1105(b) V.C.S.; DETERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY THE ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE ASSESSMENT OF THE PORTION OF THE COSTS TO BE BORNE BY PROPERTY OWNERS, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS; STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS; AUTHORIZING THE CITY SECRETARY TO CAUSE A NOTICE OF THE ADOPTION OF THIS ORDINANCE TO BE FILED IN THE LAND RECORDS OF COLLIN COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That a necessity exists for the permanent improvement of that certain portion of the public street hereinafter listed, by excavating, grading, providing for the construction of concrete pavement, by the installation of drainage inlets, storm sewers and drainage structures, and by the construction of concrete curbs and gutters, sidewalks, and such improvements are hereby ordered. Said portion of public street to be so improved being designated and defined as follows: The portion of F.M. 2170 containing portions of McDermott Drive, Allen Drive, and Main Street, as herein described as Phase I as described in Exhibit "A" attached hereto shall be improved with seven (7) inch thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six (6) inch lime treated subgrade, to provide a thoroughfare consisting of ten (10) feet of concrete sidewalks, adjacent to each outside right-of-way and sixty (60) feet of concrete paving to provide for parallel parking adjacent to each sidewalk, two (2) through lanes of traffic, and continuous left turn movement, and including drainage improvements for all portions of the roadway described herein. Said improvements are located within one or more of the following surveys: Ordinance No. 623-8-85 _ page 1 James Reed Survey, Abstract No. 758 A.B. Perrin Survey, Abstract No. 713 William Perrin Survey, Abstract No. 708 All lying within Collin County, Texas. SECTION 2. The Plans and Specifications for all such improvements, heretofore prepared and now on file with the City Council, are hereby in all things approved. SECTION 3. The City Manager, or his designee, is hereby authorized to advertise for bids for the improvement work herein described, the advertising, receiving and opening of such bids to be as provided by the Charter of the City of Allen, and laws of the State of Texas. Upon the receipt and opening of bids for such improvement work, the Engineer for the City of Allen is directed to prepare, and file with the City Council, his estimate of the total cost of the improvements herein ordered, the total amount of the part of the cost thereof to be paid by the City of Allen in accordance with the provisions of Section V hereof, and the estimates of the cost to be assessed against the abutting property and the real and true owners thereof in accordance with the provisions of this Ordinance. SECTION 4. The City Council of the City of Allen deems it advisable and hereby determines to proceed under and in the exercise of the powers, terms and provisions of Article 1105(b), V.C.S. SECTION 5. The cost of said improvements shall be paid as follows, to -wit: (a) The abutting property within the limits hereinabove defined, and the real and true owners thereof, shall be assessed for and pay in accordance with the "front foot plan," all of the costs of streets, curbs, gutters, drainage, lighting, and sidewalks in front of their respective properties and not exceeding twelve and one-half (12 1/2) percent of the estimated total costs along each side of the right-of-way line of the remainder of such improvements (in accordance with the estimate thereof prepared by the Engineer). (b) The City of Allen through the sale of municipal bonds and monies derived from the sale of contributing county bonds, shall pay all of the remainder of said costs of said improvements, after deducting the amounts herein specified to be paid by the abutting property, and the real and true owners thereof as set out in subparagraph (a) above. (c) There is included within the meaning of the terms "cost" or "cost of improvement," when such terms are used herein, engineering fees, appraisal fees, attorneys' fees, and all other costs and expenses incident to the construction of the improvements. Ordinance No. 623-8-85 - Page 2 (d) No assessment shall be made against the abutting property, or the real and true owners thereof, of costs in excess of the benefits to such property in enhanced value thereof by means of such improvements. The amounts of such assessments shall constitute a first and prior lien upon all of such properties and a personal liability of the true and real owners thereof, whether correctly named or not, and shall be payble in installments, as follows: When the improvements herein ordered have been completed and accepted by the City of Allen, the amount of the assessment against each property abutting thereon, and the real and true owners thereof, shall be and become payable in five (5) equal annual installments, due, respectively, thirty (30) days, one (1) year, two (2) years, three (3) years, and four (4) years from the date of acceptance by the City of Allen, together with interest on the unpaid balance from said date of acceptance until paid at the rate of eight percent (8%) per annum, payable annually; provided, however, that the owners of any said property shall have the privilege of paying all or any of said installment at any time before maturity thereof, by paying the total amount of such installment together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Allen, the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collection costs incurred, shall be and become immediately due and payable. SECTION 6. The City Secretary is hereby authorized to cause to be prepared a Notice of Enactment of this Ordinance and to file said Notice with the County Clerk of Collin County, Texas, among the Land Records of said County. SECTION 7. This Ordinance shall become effective immediately from and after its approval. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 1st DAY OF August 1985. APPROVED AS TO FORM: A. Don w er, 'ty ey APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: (Marty Hendrix, Cit ecretary Ordinance No. 623-8-85 - Page 3 C O AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles'F'. Barnar Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ordinance #623-8-85 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Auqust 5 and 8, 1985 and which was issued on 8/5/85 , by City of Allen of Collin County, Texas. A printed copy of said publication is attache hereto. SUBSCRIBED AND SWORN to before me this 16th day of September A.D. 19 85 Publisher's Fee $ 3 6.0 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby giJer, that the Allen City Concil adopted the following or'- Idinance at their regular meeting held on Thurs- day, August 1, 1985 (Title land Penalty Clause only). Ordinance , No. 623.8.85: An Ordinance of the City of Allen, Col- lin County, Texas, Declaring the Necessity for and Offering the Pav- ing Improvement ,of a Portion of F.M. 2170, Fur- ther Described ae Being Portions of McDermott Drive, Allen Drive, and Main Street, Said Por- tions Being Hereinafter (Described and in the City of 'Allen, Collin County, Texas. Approving the Plans and Specifications for Such Work, Authoriz- ing the City Manager to Advertise for Bids, and Directing' the Prepara- I tion`of Estimates, Invok- ing the Procedure ,Pro- vided by Article 11185(b) V.C.S.; Determining That . Part of the Costs Shall be Borne by the Abutting Properties and. the Owners Thereof; Pro- ,yiding for the Assess- ment of the Portion of the Costs to be Borne by Property Owners, and.for the Fixing of a Lien to Secure Payment of Such assessments; Stating the Time and Manner Proposed for Payment of All Such Costs; Authoris- ing the City Secretary to Cause a Notice 6f the Adoption of This Or- dinance to be Filed in the Land Records of Collin County, Texas; and Pro- viding for an Effective Date. r A copy of this or- dinance may be read or purchased In the Office of the City Setretary, Allen Municipal Annex, One Butler Circle`; Allen, Texas. ' Marty gendrix `City Secretary (Published in' the; Allen sAmerican on Monday, August 5, 1985 and Thursday, August 8, 1985.) Notary Publi ' and for Collin County, Texas CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Concil adopted the following or- dinance at their regular meeting held, on Thurs- day, August 1,.1985 (Title and Penalty Clause only). . Ordinance No. 623.8-85:. An Ordinance of the City of Allen, Col- lin- C6unty, Texas, Declaring the Necessity foYand Offering the Pav- ing Improvement of a Portion of F.M. 2170, Fur- ther Described as Being Portions of McDermott Drive, Allen Drive, and Main Street, Said Por- tions Being Hereinafter Described and in the City C iof AIIen,'Collin County, Texas. Appf64ing the 'Plans and Specifications for Such Work, Authorii- �ing the City Manager to Advertise for Bids, and Directing the Prepara- tion of Estimates, Invok- ing the Procedure Pro- vided by Article 1105(b) V.C.S.; Determining That a Part of the Costs Shall be Borne by the Abutting Properties and the Ownerst Thereof; Pro-� viding for the Assess- ment of the Portion of the Costs to be Borne by Property Owners, and for the Fixing of a Lien to Sebure Payment of Such assessments; Stating the Time and Mariner Proposed for Payment of All Such Costs; Authoriz- ling the City Secretary to iCause a Notice of the Adoption of This Or- dinance to be Filed in the Land Records of Collin County, Texas; and Pro- viding for an Effective Date. f 'A copy of this or- dinance may be read or urchased in the -Office A the City Secretary, Allen Municipal Annex, One Butler Circle, Alien; exas. Malty Hendrix City Secretary Published Its the Allen e American on Monday, '-August 5, '1985 and .iThursday, August 8,