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HomeMy WebLinkAboutO-646-10-85ORDINANCE NO. ti 4 ti- l n- R, AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CLOSING A PUBLIC HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON PORTIONS OF F.M. 2170 CONTAINING PORTIONS OF MC DERMOTT DRIVE FROM A POINT 221 FEET WEST OF ALLEN DRIVE TO ALLEN DRIVE; ALONG ALLEN DRIVE TO MAIN STREET; ALONG MAIN STREET TO 83 FEET WEST OF DOGWOOD STREET; WITHIN THE CITY LIMITS OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN, SUCH HEARING TO RECEIVE EVIDENCE AS TO THE SPECIAL BENEFITS IN ENHANCED VALUE TO ACCRUE TO SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREET, AND AS TO ANY ERRORS TO INVALIDrMS OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFORE; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS PROVIDED HEREIN; FINDING AND DETERMINING THAT CERTAIN PARCELS OF PROPERTY ABUTTING UPON THE SAID STREET, AND THE REAL AND TRUE OWNERS THEREOF, WILL BE SPECIALLY BENEFITED IN ENHANCED VALUE IN EXCESS OF THE AMOUNT OF THE ASSESSMENT AGAINST THE SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; LEVYING ASSESSMENTS FOR THE PAYMENT OF A PORTION OF THE COST OF THE PROPOSED IMPROVEMENTS TO THE SAID STREET; FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF THE WORK; PROVIDING FOR THE MANNER, TIME AND METHOD OF PAYMENT, AND THE METHOD OF COLLECTION OF THE ASSESSMENTS AND CERTIFICATES; PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE; AMENDING PRIOR ORDINANCES OF THE CITY TO CONFORM HEREWITH; AND PROVIDING A SEVERABILITY CLAUSE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: Ordinance No. 646-10-55 - Page 1 SECTION 1. The City Council of the City of Allen, Texas, hereby finds and determines: A. That the City Council of the City of Allen, Texas, has heretofore, by Ordinance No. 623-8-85, as amended, duly enacted on the 1st day of August, 1985, determined the necessity for, and ordered the improvement of, portions of F.M. 2170 within the limits therein defined, and in the manner and in accordance with the plans and specifications therefore, which plans and specifications were therein approved and adopted by the City Council. B. The City Council has awarded and entered into a contract for the construction of the proposed improvements; said contract being awarded and entered into after the adoption of Ordinance No. 623-8-85. C. A Notice of Enactment of Ordinance No. 623-8-85 as directed by said Ordinance, was filed with the County Clerk of Collin County, Texas, in which said improvements and the abutting property were situated. The Notice of Enactment was filed on August 8, 1985. Said Notice provided that a portion of the cost of the proposed improvements would be assessed against the abutting property and the real and true owners thereof. D. The City Council caused the City's Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount proposed to be assessed against the property abutting said street and against the real and true owners thereof. E. Upon the filing of the estimates by the City's Engineer, the City Council did on the 19th day of September, 1985, pursuant to Ordinance No. 635-9-85, provide for and order a Public Hearing to be held at 7:30 o'clock p.m. on the 14th day of October, 1985, in the Council Chambers of the Municipal Annex Building, Allen, Texas, at which time and place all persons, firms, corporations and estates, owning or claiming any such abutting property, or any interest therein, were to appear and be heard in person by Council; such Ordinance directed that notices of hearing be made in the manner required by law. F. On September 21, September 28, and October 5, 1985, notices were published in the official newspaper in the City of Allen in all things as required by law, of the date, time and place and subject of the public hearing to be held on October 14, Ordinance No. 646-10-85 - page 2 1985. On September 30, 1985, individual notices substantially the same as the notice published in the official newspaper were deposited in the United State mail, first class mail, certified mail, return receipt requested, addressed to the owner of each abutting property within the limits of the project, as such ownership is shown on the City's most current tax roll. G. As of October 14, 1985, the construction of the proposed improvements had not commenced. H. On the 14th of October, 1985, after the hour of 7:30 p.m., the public hearing was opened and held in accordance with the above mentioned ordinance and notice, at which time and place an opportunity was given for all interested parties to offer evidence. All the testimony received on October 14, 1985, is contained and preserved on a tape record which is filed in the Office of the City Secretary, and is hereby referred to and made a part hereof for all purposes. SECTION 2. Based on the foregoing, and there being no further protests or testimony for or against, or in reference to any of the improvements, benefits or proceedings, the public hearing granted to the real and true owners of property abutting upon the involved street, is hereby closed. Except as hereinafter provided, all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. A. The City Council hereby finds and determines, upon the evidence heard at the public hearing, that the special benefits in enhanced value by means of the proposed improvements, will be equal to or in excess of the amount of the cost of the improvements proposed to be, and which are herein assessed against abutting properties and the real and true owners thereof. The parcels of property and the amount of enhancement or special benefits found by the City Council and to accrue to each by virtue of the construction of said improvements are set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. Ordinance No. 646-10-85 - Page 3 B. The City Council also finds and determines that there will be no special benefits in enhanced value by means of the proposed improvements to -Parcels No. 38 and 39 on Exhibits "A" and "B", the owner being Southern Pacific Company Rail Road. SECTION 4. There is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon said street improvements, within the limits herein defined, and against the real and true owners of such property, whether such real and true owners be named, or correctly named, or said property be correctly described herein or not, the several sums of money hereafter mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each, and the several amounts assessed against same, and the true and correct owners thereof, all as more specifically described as set out in Exhibit 'B" which is attached hereto and incorporated herein by reference. Each of the assessments set forth on Exhibit "B" are no greater than the special benefits in enhanced value by means of the improvements accruing to each parcel and the real and true owners thereof. SECTION 5. The City Council is of the opinion, and finds that the front foot plan or rule, as applied, in the amount of $61.968958 per front foot does not result in injustices or inequities between the different parcels of property within the project. SECTION 6. The assessments levied pursuant to this ordinance are for a portion of the cost of the improvements, said portion of the costs that are being assessed against the abutting property, and the real and true owners thereof, are less than twenty-five percent (25%) of the actual cost of the proposed improvements. SECTION 7. The several sums set forth on Exhibit "B" assessed against the abutting property and the real and true owners thereof, whether said owners be named or correctly named, or the said properties be correctly described therein or not, together with interest thereon at the rate of eight percent (8%) or the maximum allowed by state law per annum, and with reasonable attorney's fees and all costs of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which the same are assessed from and after the date said improvements were ordered by the City Council, and are a personal Ordinance No. 646-10-85 - Page 4 liability and charge against the real and true owners thereof, whether or not such owner or owners be named, or correctly named, herein, paramount and superior to all other liens, claims or titles, except for lawful ad valorem taxes; and that the sum so assessed shall be payable to the City of Allen, Texas, a municipal corporation, or its assigns, to - wit: In five equal annual installments of principal, the first of which shall be payable on or before thirty (30) days after the completion and acceptance by the City Council of the improvements and the four (4) remaining installments to be due and payable respective one, two, three, and four years from and after said date of completion and acceptance of the improvements by the City Council, together with interest on each installment from said date of completion and acceptance until paid at the rate of eight percent (8%) or the maximum interest allowed by state law per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the completion and acceptance by the City Council, the assessments against each property abutting upon such completed and accepted improvements shall become due and payable in installments, and with interest, as above provided; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof, before maturity by paying the principal and accrued interest to date of said payment; provided further, that if default be made in any installment, principal or interest when due, the entire amount of said assessment upon which default is made, at the option of the City of Allen, Texas, or its assigns, shall be immediately due and payable and shall be collectable, together with reasonable attorney's fees and all costs and expenses of collection, if any, incurred. SECTION 8. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of said property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates may be issued by the City of Allen, Texas, which certificates shall be executed by the Mayor and attested by the City Secretary by their respective manual or facsimile signatures, with the corporate seal affixed, and shall be payable to the City of Allen, Texas. Said certificates to be issued after the completion and acceptance by the City of Allen, Texas, -of said improvements. Said certificates shall declare the amounts assessed and the time and terms of payment thereof, the rate of interest payable thereon, the date of the completion and the acceptance of the improvements for which the certificate is issued, and shall contain the name of the apparent owner or owners as accurately as possible, and the description of the property assessed by Lot and Block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact should be sufficient, and no error or mistake in describing any such property or in giving the name Ordinance No. 646-10-85 _ page 5 of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificate shall further provide substantially that if default shall be made in the payment of any installment or principal or interest when due, then, at the option of the City of- Allen, Texas, or its assigns, or the holder thereof, the whole of such assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named, or correctly named therein or not, and a lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced at the option of the City of Allen, Texas, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes and above recited, or by suit in any court having jurisdiction. Said certificates shall further recite, in effect, that all the proceedings with reference to making said improvements have been regularly had in compliance with the law enforced in said city and proceedings of the City Council of said city, and that all prerequisites to the fixing of the assessment lien against the property, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall further provide, in effect, that the City of Allen, Texas, shall exercise all of its lawful powers, when requested to do so by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as set out above, but the substance and effect thereof shall suffice. Further the failure to issue any such Ordinance No. 6 4 6 -10 - 8 5 - page 6 r certificates shall in no way invalidate any of the assessments herein levied, but such assessment shall, in any event, be due and payable as herein provided. SECTION 9. All such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing, shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error, invalidity or irregularity, whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, in order to be enforceable, corrected at any time by the City Council of the City of Allen, Texas. The assessments levied by this Ordinance have been adopted and levied in accordance with the City of Allen Charter and with Article 1105b of Vernon's Annotated Civil Statutes of Texas. SECTION 10. This Ordinance shall become effective and be in full force from and after its passage as provided by law, and it is so ordained. SECTION 11. It is hereby declared to be the intention of the City Council of the City of Allen, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 12. All ordinances or parts of ordinances of the City of Allen, Texas, in conflict with any provision or provisions of this ordinance are hereby amended to the extent of such conflict, so that the same shall hereafter conform to the provisions of this ordinance. Ordinance No. 646-10-85 - Page 7 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 14th DAY OF October 19 85. J PPROVED AS ORM: A. Do owder, City Attorney APPROVED: U... /_' Donald P. ro. •: ATTEST: Marty Hendrix, Ci6v Secretary Ordinance No. 646-10-85 - Page 8 EXHIBIT "A" Special ENHANCEMENT Benefit Parcel Owner Description Survey Frontac7e Enhancement 1, Charles R. Holubar Block 20, Lot, 6, 7 James Reed Survey 115' $12,200.00 Dwight N. Betts Old Donation Abstract No. 758 2. David McCormick Block 19, Lot 4, 5 James Reed Survey 115' 8,700.00 EPA Lasting Impressions Old Donation Abstract No. 758 3, Horace Goode Block 19, Lot 6, 7 James Reed Survey 215' 7,700.00 Old Donation Abstract No. 758 4, John R. Reitinger Block 19, Lot 8, 9B James Reed Survey 72.2' 5,100.00 Old Donation Abstract No. 758 5, John R. Reitinger Block 19, Lot 9A, 10 James Reed Survev 77.8' 5,500.00 Old Donation Abstract No. 758 6. Citv of Allen Block 8, Lot 15 James Reed Survey 25' 1,800.00 Old Donation Abstract No. 758 s 7, WOW Camp #447 Block 8, Lot 16, 17 James Reed Survey 50' 4,600.00 Old Donation Abstract No. 758 8, David McCormick Block 8, Lot 18 James Reed Survey 25' 1,800.00 Old Donation Abstract No. 758 i 9. Anthony R. James Block 8, Lot 7A, 8A, 9A, 10A James Reed Survey 25' 2,100.0 Old Donation Abstract No. 758 10. Garrett Smith, J.V. Block 8, Lot 7B, 8B, 9B, 10B James Reed Survey 50' 4,400.00 7C, 8C, 9C, 10C Abstract No. 758 Old Donation 11. W. Perry Bolin Block 8, Lot 7D, 8D, 9D, 10D James Reed Survey 50' 4,400.00 Old Donation Abstract No. 758 12. First Baptist Church Block 3, Lot 6A, 7A, 8A, James Reed Survey 75' 5,000.00 9A, 10A Abstract No. 758 Old Donation Parcel Owner 13. James D. Kerr 14. First Baptist Church 15. First Baptist Church 16. Monty Jackson 17. Billy J. Spaugh 18. Veda Stacy Trust 19. Property omitted and not Block 15, Lot 4A, subject to enhancement 20, Church of Christ 21. Paul Wood 22. Al Wininger Inv., Inc. 23. Mason D. Farmer 24. Dale Burton 25. Mekala Enterprises, Inc. EXHIBIT "A" Page 2 Description Block 3, Lot 6B, 7B, 8B, 9B, 10B Old Donation Block 3, Lot 15-18 Old Donation Block 14, Lot 1-5, 6-10 Old Donation Block J, Lot 4A Old Donation Block J, Lot 3D, 4C Old Donation Block J, Lot 3B, 4B, 5, 6 Old Donatior. Survey James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 Block G, Lot 1B James Reed Survey Old Donation Abstract No. 758 Block G, Lot lA James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 4A, 5 James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 3B, 4B James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 2B, 2C, 2D, 3A James Reed Survey Old Donatior, Abstract No. 758 Block 15, Lot 1B, 2E James Reed Survey Old Donation Abstract No. 758 Frontage 50' 100' 250' 100' 167' 550' 208' 81' 75' 55' 53' 67' Special Benefit Enhancement $ 3,400.00 6,300.00 16,500.00 6,500.00 13,700.00 33,200.00 13,700.00 5,900.00 6,200.00 3,000.00 2,900.00 3,700 Frontage 250' 25' 78' 22' 100' 125' 125' 100' 418' 461' Special Benef it Enhancement $16,500.00 Included in parcel 28 7,900.00 1,700.00 7,000.00 8,800.00 10,500.00 9,800.00 33,800.00 21,900.00 EXHIBIT "A" Page 3 Parcel Owner Description survey 26. First Baptist Church Block 4, Lot 1, 2, 11, 12, ,James Reed Survey 13, 14 Abstract No. 758 Old Donation 27. Don Rodenbaugh Block 7, Lot 1E, 2E, 3E, 4E James Reed Survey Old Donation Abstract No. 758 28. Don Rodenbaugh Block 7, Lot 1B, 1C, 1D, 1F James Reed Survey 2B, 2C, 2D, 2E Abstract No. 758 3B, 3C, 3D, 3F 4F Old Donation 29. Sheridan Ashcrof Block 7, Lot 1A, 2A, 3A, 4A James Reed Survey Thompson Old Donation Abstract No. 758 30. J. A. Gooch Block 7, Lot 11, 12, 13, 14 James Reed Survey Old Donation Abstract No. 758 31. Eldon Dotson Block 18, Lot 2, 3, 3B James Reed Survey Old Donation Abstract No. 758 32. Allen State Bank Block 16, Lot 4, 3A, 5, James Reed Survey 6, 7, 8A Abstract No. 758 Old Donation 33. Property omitted and not subject to enhancement 34. Billy Armstrong Block 1, Lot 4A William Perrin Survey Whisenant Addition Abstract No. 708 35. City of Allen Whisenant Addition William Perrin Survey Abstract No. 708 36. City of Allen Whisenant Addition William Perrin Survey Abstract No. 708 Frontage 250' 25' 78' 22' 100' 125' 125' 100' 418' 461' Special Benef it Enhancement $16,500.00 Included in parcel 28 7,900.00 1,700.00 7,000.00 8,800.00 10,500.00 9,800.00 33,800.00 21,900.00 Parcel Owner 37. Gladys Whisenant 38, Southern Pacific RR 39, Southern Pacific RR EXHIBIT "A" Page 4 Description Block , Lot 3, 4, 5 Old Donation survey James Reed Survey James,Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 NOTE: Properties No. 19 and 33 have been omitted and not subject to assessment with Phase I Main Street Project. Frontage 40' 250' 250' Special Benef it $10,500 Frontage 115' 115' 215' 72.2' 77.8' 25' 50' 25' 25' 50' 50' 75' Total Assessment $ 7,126.43 7,126.43 7,700.00 4,474.16 4,821.18 1,549.22 3,098.45 1,749.22 1,549.22 3,098.45 3,098.45 4,647.67 EXHIBIT "B" TOTAL ASSESSMENT $61.968958 per front foot Parcel Owner Description Survey 1. Charles R. Holubar Block 20, Lot 6, 7 James Reed Survey ' Dwight N. Betts Old Donation Abstract No. 758 2. David McCormick Block 19, Lot 4, 5 James Reed Survey EPA Lasting Impressions Old Donation Abstract No. 758 3. Horace Goode Block 19, Lot 6, 7 James Reed Survey 758 Old Donation Abstract No. 4. John R. Reitinger Block 19, Lot 8, 9B James Reed Survey Old Donation Abstract No. 758 5. John R. Reitinger Block 19, Lot 9A, 10 JamesReed Survey 758 Old Donation 6. City of Allen Block 8, Lot 15 James Reed Survey Old Donation Abstract No. 758 7. WOW Camp #447 Block 8, Lot 16, 17 James Reed Survey Old Donation Abstract No. 758 8. David McCormick Block 8, Lot 18 James Reed Survey Old Donation Abstract No. 758 9. Anthony R. James Block 8, Lot 7A, 8A, 9A, 10A James Reed Survey 758 Old Donation Abstract No. 10. Garrett Smith, J.V. Block 8, Lot 7B, 8B, 9B, 10B James Reed Survey 7C, 8C, 9C, 10C Abstract No. 758 Old Donation 11. W. Perry Bolin Block 8, Lot 7D, 8D, 9D, 10D James Reed Survey 758 Old Donation Abstract No. 12. First Baptist Church BLock 3, Lot 6A, 7A, 8A, James Reed Survey 9A, 10A Old Donation Frontage 115' 115' 215' 72.2' 77.8' 25' 50' 25' 25' 50' 50' 75' Total Assessment $ 7,126.43 7,126.43 7,700.00 4,474.16 4,821.18 1,549.22 3,098.45 1,749.22 1,549.22 3,098.45 3,098.45 4,647.67 Parcel 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Owner James D. Kerr First Baptist Church First Baptist Church !Monty Jackson Billy J. Spaugh Veda Stacy Trust Property Omitted and not subject to enhancement Church of Christ Paul Wood Al Wininger Inv., Inc. Mason D. Farmer Dale Burton Mekala Enterprises, Inc. EXHIBIT "B" TOTAL ASSESSMENT $61.968958 per front foot Page 2 Description surveIZ Block 3, Lot 6B, 7B, 8B, James Reed Survey Block G, Lot lA 9B, 10B Abstract No. 758 Block 3, Lot 15-18 James Reed Survey Old Donation James Reed Survey Abstract No. 758 Block 14, Lot 1-5, 6-10 James Reed Survey Old Donation James Reed Survey Abstract No. 758 Block J. Lot 4A James Reed Survey Old Donation 3A James Reed Survey Abstract No. 758 Block J. Lot 3D, 4C James'Reed Survey Old Donation James Reed Survey Abstract No. 758 Block J, Lot 3B, 4B, 5, 6 James Reed Survey Old Donaton Abstract No. 758 Block G, Lot 1B James Reed Survey Old Donation Abstract No. 758 Block G, Lot lA James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 4A, 5 James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 3B, 4B James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 2B, 2C, 2D, 3A James Reed Survey Old Donation Abstract No. 758 Block 15, Lot 1B, 2D James Reed Survey Old Donation Abstract No. 758 Frontage 50' 100' 250' 100' 167' 550' 208' 81' 75' 55' 53' 67' Total Assessment $3,098.45 6,196.90 15,492.24 6,196.90 10,348.82 33,200.00 12,889.54 5,019.49 4,647.67 3,000.00 2,900.00 3,700.00 Parcel Owner 26. First Baptist Church 27. Don Rodenbaugh 28. Don Rodenbaugh 29, Sheridan Ashcrof Thompson 30. J. A. Gooch 31. Eldon Dotson 32. Allen State Bank 33. Property omitted and not subject to enhancement 34. Billy Armstrong 35. City of Allen 36. City of Allen EXHIBIT "B" TOTAL ASSESSMENT $61.968958 per front foot Page 3 Description 1,363.32 100' 6,196.90 Survey Block 4, Lot 1, 2, 11, 12 7,746.12 James Reed Survey 13, 14 Abstract No. 758 Old Donation Block 7, Lot 1E, 2E, 3E, 4E James Reed Survey Old Donation' Abstract No. 758 Block 7, Lot 1B, 1C, 1D, 1F James Reed Survey 2B, 2C, 2D, 2E Abstract No. 758 3B, 3C, 3D, 3F 4F Old Donation Block 7, Lot 1A, 2A, 3A, 4A James Reed Survey Old Donation Abstract No. 758 Block 7, Lot 11, 12, 13, 14' James Reed Survey_ Old Donation Abstract No. 758 Block 18, Lot 2, 3, 3B James Reed Survey Old Donation Abstract No. 758 Block 18, Lot 4, 3A, 5, James Reed Survey 6, 7, 8A Abstract No. 758 Old Donation Block 1, Lot 4A Whisenant Addition Whisenant Addition Whisenant Addition William Perrin Survey Abstract No. 708 William Perrin Survey Abstract No. 708 William Perrin Survey Abstract No. 708 Total Frontage Assessment 250' $15,492.24 25' Included in Parcel 28 781 6,382.80 22' 1,363.32 100' 6,196.90 125' 7,746.12 125' 7,746.12 100' 6,196.90 418' 25,903.02 461' 21,900.00 Parcel 37. 38. 39. Owner Gladys Whisenant Southern Pacific RR Southern Pacific RR EXHIBIT "B" TOTAL ASSESSMENT $61.968958 per front foot Page 4 Description survejy Block , Lot 3, 4, 5 James Reed Survey Old Donation James Reed Survey Abstract No. 758 James Reed Survey Abstract No. 758 NOTE: Properties No. 19 and 33 have been omitted and not subject to assessment with Phase I Main Street Project. Frontage 40' 250' 250' Total Assessment $ 2,478.76 \olao AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Char , 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 #646-10-85 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 20 & 23. 1985 and which was issued on 1 n-? n- fi 5 , by� i t V o f A 1 1 P n of Collin County, Texas. A printed copy of said publication is attaqied he o. SUBSCRIBED AND SWORN to before me this 18th day of November , A.D. 19 8 5 Notary Publ in and for Collin County, Texas Publisher's Fee $ 57.60 _ CITY OF,ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Coun- cil adopted the following ordinance` in a special. called session held on Monday; October 14, 1985 (Title only): Ordinance No. 646.10.85: An ordinance of the City of Allen, Texas. Closing a Public hedaring Given to the Real and True Owners of Property Abutting on Portions of F.M. 2170 Containing Portions of McDermott Drive from a Point 221 Peet West of Allen Drive to Allen Drive; Along Allen Drive to Main Street; Along Main Street to 83 Feet West of Dogwood Street; Within the,City Limits of the City of Allen, Collin County, Texas, as More Particularly Described Herein, Such Hearing to Receive Evidence , to the Special Benefits. in Enhanced Value totAc- crue to. 6,3 d Property, and the Peal and -True Owners Thereof, By Vir- tue of the'lmpiovement of Said Street, and as to any Errors to Invalidities or Irregularities in amy of the Proceedings or Con tact Therefore; Overrui ing. and Denying All Pro- tests and Objections Of fered Except as Provided Herein; Finding and Determining That Cer- tain Parcels of Property Abutting Upon the Said Street, and the Real and True Owners Thereof. Will be Specially Benefited in Enhanceo Value in Excess of the Amount of the Assess- ment Against the Said Property, and the Rea - and True Owners Thereof; Leyying Assessments for the Payment of a Portion of the Cost of the Proposed Improvements to the Said Street; Fixing a Charge and Lien Against Said properties, and the Real and True Owners t ParL,i C�� �. hereof; -Providing for he Issuance of ssignable Certificates pon the Completion and Acceptance of the Nbrk; Providing for the Manner,- Time and Method of Payment, and the Method of Collection of the Assessments and - Certificates; Providing That This Ordinance Shall -Become Effective` Immediately. Upon Its Passage; Amending Prior Ordinances of the City to Conform Herewith; and Providing a Severability Clause. Copies of,.Ithis^ or- dinance may be read or purchased from,the City Secretary, Allen Municipal -Annex, One Butler -Circle, Allen, Texas. Marty Hendrik, City Secretary (To be published in the Allen American on Satur- day, October 19; 1985 and Wednesday, Oc- PUBLIC NOTICE Notice is hereby given, that the Allen City Coun- cil adopted the following ordinance in a special, • called session held on Monday, October 14, 1985 (Title only): Ordinance No. 646.10.85: An Ordinance of thei.City of Allen, Texas, tClosing ,a Public Hedaring tGi�en" to the Real and True Owners of Property Abutting on Portions of F.M. 2170 Containing Portions of McDermott Drive from a Point 221 Feet West of Allen Drive to Allen Drive;. Aforig Allen Drive to. -Main Street; Along Main Street to 83 Feet West of Dogwood Street; Within the City Limits of the City of, Allen, Collin County, Texas, as More Particularly- _Described Herein, Such Hearing to Receive Ebicjence as to the Special Benefits in Enhanced Value to Ac- crue to Said Property, and the Real and True Owners Thereof, By Vir- tue of the Improvement of Said Street, and as to any Errors to Invalidities or Irregularities in amy of the Proceedings or Con- tact Therefore; Overrul- inq and Denyinq All Pro- tests and Objections Of; fered Except as Provided Herein; Finding and Determining That Cer- tain Parcels of Property Abutting Upon the Said Street, and the Real and True Owners Thereof, WiW>_ be Specially Ben'dfited in Enhanced Value in Excess of the Amount of the Assess- ment Against the Said Property, and the Real ,and True Owners Thereof; Levying Assessments for the Payment of a Portion of the Cost of the Proposed Improvements to the Said Street; Fixing a wCharge and Lien Against Said properties, and the CReal and True Owners hereof; Providing for the Issuance of Assignable Certificates Upon the Completion and Acceptance of the (Work_; Providing for the Manner, Time and Method of Payment, and the Method of Collection of the Assessments and Certificates; Providing That This Ordinance Shall Become Effective Immediately Upon=; 10 Passage; Amending Prior Ordinances of the City to Conform Herewith; and Providing a Severability Clause. Copies of this or- dinance may be read or purchased from the,City Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Marty Hendrix; City Secretay (To be published in the Allen American on Satur- day, October 19, 1985 and Wednesday, Oc-