O-897-1-89ORDINANCE NO. 897-1-89
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, CLOSING A PUBLIC HEARING GIVEN TO THE REAL AND
TRUE OWNERS OF PROPERTY ABUTTING PORTIONS OF CERTAIN
STREETS IN THE CITY OF ALLEN; MORE PARTICULARLY DESCRIBED
AS F. M. 2170 FROM U. S. 75 TO ALLEN DRIVE, McDERMOTT DRIVE
FROM ALLEN DRIVE TO A POINT 360 FEET EAST OF THE EAST
RIGHT-OF-WAY LINE OF DOGWOOD DRIVE, DOGWOOD DRIVE FROM
MAIN TO McDERMOTT DRIVE, AND MAIN FROM DOGWOOD TO S. H.
5, WITHIN THE CITY LIMITS OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS. SAID HEARINd WAS GIVEN FOR THE PURPOSE OF
LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A
PORTION OF THE DESIGNATED STREETS, FIXING CHARGES AND
LIENS AGAINST ABUTTING PROPERTY THEREON BY VIRTUE OF THE
IMPROVEMENT OF SAID STREETS, RECEIVING EVIDENCE AS TO THE
SPECIAL BENEFITS IN ENHANCED VALUE TO ACCRUE TO THESE
PROPERTIES, AND CONSIDERING ANY ERRORS, INVALIDITIES, OR
IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT;
PROVIDING FOR THE COLLECTIONS OF SUCH ASSESSMENTS AND
THE ISSUANCE OF ASSIGNABLE CERTIFICATES OF ASSESSMENTS AS
EVIDENCE THEREOF; PROVIDING FOR THE TIME, METHOD AND
MANNER OF PAYMENT OF ASSESSMENTS AND CERTIFICATES;
PROVIDING AN EFFECTIVE DATE OF PASSAGE; AMENDING PRIOR
ORDINANCES OF THE CITY OF ALLEN TO CONFORM HEREWITH;
AND PROVIDING A SEVERABILITY CLAUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
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. 887-10-88 duly enacted on the 20th day of October, 1988, determined
the necessity for, and ordered the improvement of, described portions of streets within
the limits defined as F. M. 2170 from U. S. 75 to Allen Drive, McDermott Drive from
Allen Drive to a point 360 feet east of the east right-of-way line of Dogwood Drive,
Dogwood Drive from Main to McDermott Drive, and Main from Dogwood to S. H. 5,
Ordinance No. 897-1-89 - Page 1
within the City limits of the City of Allen, Collin County, Texas, and in the manner and
in accordance with prescribed plans and specifications which 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. 887-10-88.
C. A Notice of Enactment of Ordinance No. 887-10-88, 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 November 23, 1988. 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 20th day of October, 1988, pursuant to Ordinance No. 888-10-88, provide for
and order a Public Hearing to be held at 7:00 o'clock p.m. on the 10th day of January,
1989, 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 December 18, 1988, December 25, 1988, and January 1, 1989, notices
were published by the official newspaper in the City of Allen in all requirements by law
of the date, time, place and subject of the public hearing to be held on January 10,
1989. On December 16, 1988, individual notices substantially the same as the notice
published in the official newspaper were deposited in the United States 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 January 10, 1989, the construction of the proposed improvements
Ordinance No. 897-1-89 - Page 2
had not commenced.
H. On the 10th of January, 1989, after the hour of 7:00 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. The public hearing was recessed and reconvened again on Tuesday,
January 17, 1989, at 7:00 p.m., at which time and place an opportunity was given for all
interested parties to continue to offer evidence.
All the testimony received on January 10, 1989 and January 17, 1989 is
contained and preserved on tape recordings which are 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 to accrue to each by virtue
of the construction of said improvements are set forth in Exhibit "A" attached hereto
and incorporated herein by reference.
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 owned by
Southern Pacific Company Rail Road and shown as Railroad Right -of -Way.
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
Ordinance No. 897-1-89 - Page 3
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 in
Exhibit "A" attached hereto and incorporated herein by reference. Each of the
assessments set forth in Exhibit "A" 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 $78.9231 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 no
more than twenty-five percent (25%) of the actual cost of the proposed improvements.
SECTION 7. The several sums set forth in Exhibit "A" 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
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 one (1) year after the completion and acceptance by
the City Council of the improvements and the four (4) remaining
installments to be due and payable respectively two, three, four and five
years from and after said date of completion and acceptance of the
Ordinance No. 897-1-89 - Page 4
improvements by the City Council, together with interest on each
installment after one (1) year from said date of completion and
acceptance until paid at the rate of eight percent (8%), 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 set forth; provided, however, any
owner of such property shall have the option to make payments on a
monthly basis, or 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
of 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 collected,
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 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
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 of 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
Ordinance No. 897-1-89 - Page 5
collected with reasonable attorney's fees and all expenses and costs of collection, if
incurred. 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 owners thereof, evidenced by such certificates have been regularly done and
performed, which recitals shall be evidence of all 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
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 that such owner or owners may not be named or
correctly named, and any irregularity in the name of the property owner, or the
Ordinance No. 897-1-89 - Page 6
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 part 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 17TH DAY OF JANUARY, 1989.
APPROVED:
C2
f
e Farmer, MAYOR
ATTEST:
100 PtA
APPROVED AS TO FORM: Marty Hendrix, CM CITY SECRETARY
A. Don w er, CITY ATTORNEY
Ordinance No. 897-1-89 - Page 7
Attachment to: Ordinance No. 897-1-89
Adopted: 1-17-89
E X H I B I T "A"
Page 1
CITY OF
ALLEN - DEPARTMENT OF COMMUNITY DEVELOPMENT - 1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
FRONT FOOT:
TOTAL FRONT FOOTAGE TO BE
ASSESSED:
8,987.92
$78.9231
TRACT
FEET OF
CONSTRUCTION
NUMBER
----------------------------------------------------------------------------------------------------------------------
OWNER
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
1
Exxon U.S.A. (J.L. Windlinger)Lot 4E, Block 8
101.5
$8,010.69
$37,500.00
$8,010.69
P. O. Box 53
Whisenant Addition
Houston, TX 77001
Wm. Perrin Survey,
A-708
2
Don Brazeal
Lot 4C, Block 8
75
$5,919.23
$8,700.00
$5,919.23
606 W. McDermott
Whisenant Addition
Allen, TX 75002
Wm. Perrin Survey,
A-708
3
Burger King #4300
Lot 4D, Block 8
174.7
$13,787.86
$37,100.00
$13,787.86
602 McDermott
Whisenant Addition
Allen, TX 75002
Wm. Perrin Survey,
A-708
4
City of Allen
Lot 4C, Block 8
60
$4,735.38
$0.00
$0.00
Allen, TX
Whisenant Addition
Wm. Perrin Survey,
A-708
5
H.E. Hefner
Lot 3B, Block 8
100
$7,892.31
$24,300.00
$7,892.31
P. O. Box 207
Whisenant Addition
Allen, TX 75002
Wm. Perrin Survey,
A-708
6
W.E. Ford
Lot 3A, Block 8
100
$7,892.31
$10,500.00
$7,892.31
P.O. Box 537
Whisenant Addition
Allen, TX
Wm. Perrin Survey,
A-708
7
William & Betty Hall
Lot 2F, Block 8
100
$7,892.31
$10,500.00
$7,892.31
102 Countryside Drive
Whisenant Addition
Parker, TX 75069
Wm. Perrin Survey,
A-708
8
Title Resources Allen J.V.
McDermott Prof. Center
263
$20,756.77
$55,500.00
$20,756.77
P. O. Box 860219
Addition
Plano, TX 75086
Wm. Perrin Survey,
A-708
9
Ward Paxton
Lot 1B, BLock 8
65
$5,130.00
$6,900.00
$5,130.00
200 Watson Dr.-P.O.Box 227
Whisenant Addition
Allen, TX 75002
Wm. Perrin Survey,
A-708
Attachment to: Ordinance No.
897-1-89
Page 2
Adopted:
1-17-89
E
X H I
B I T "A"
CITY OF ALLEN - DEPARTMENT OF
COMMUNITY DEVELOPMENT - 1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
FRONT FOOT:
TOTAL FRONT FOOTAGE TO
BE ASSESSED:
8,987.92
$78.9231
TRACT
FEET OF
CONSTRUCTION
NUMBER
OWNER
-------------------------------------------------------------------------------------------------
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
10
John Reitinger
Lot 2C, Block 8
75
$5,919.23
$18,250.00
$5,919.23
P.O. Box 866335
Whisenant Addition
Plano, TX 75086
Wm. Perrin Survey,
A-708
11
Young Oil Co.
Whisenant Addition
139
$10,970.31
$23,400.00
$10,970.31
P. O. Box 534
Wm. Perrin Survey,
A-708
McKinney, TX 75069
12
State Federal Savings
& Loan Whisenant Addition
622.87
$49,158.81
$115,000.00
$49,158.81
16910 Dallas Parkway
Wm. Perrin Survey,
A-708
Dallas, TX 75248
Attn: Patty McGuire
-
City of Allen
Whisenant Addition
743.65
$58,691.14
$0.00
$0.00
One Butler Circle
Wm. Perrin Survey,
A-708
Allen, TX
13
Mrs. H.G. Strain
Lots 6A,7A,8A, Block 21
150
$11,838.46
$11,000.00
$11,000.00
405 W. Valencia Dr.
Original Town
Garland, TX 75041
Wm. Perrin Survey,
A-708
14
John Miller
Lots 8C, 9A, Block
21
70
$5,524.62
$8,400.00
$5,524.62
207 Ellis Drive
Original Town
Allen, TX 75002
Wm. Perrin Survey,
A-708
15
Gladys Whisenant
Lot 3, 4, 5, Block
20
126.99
$10,022.44
$13,000.00
$10,022.44
P. O. Box 3805
Original Town
Irving, TX 75015
James L. Reed Sur.
A-758
16
Raleigh B. Whisenant
Lot 1, 2, Block 20
100.18
$7,906.51
$11,000.00
$7,906.51
P. O. Box 3805
Original Town
Irving, TX 75015
James L. Reed Sur.
A-758
17
Clyde Hensley
Lots 13, 14, Block
9
50
$3,946.15
$5,500.00
$3,946.15
1102 Stratford
Original Town
Richardson, TX 75080
James L. Reed Sur.
A-758
Attachment to: Ordinance No. 897-1-89
Adopted: 1-17-89
Page 3
E X
H I B
I T "A"
CITY OF
ALLEN - DEPARTMENT OF COMMUNITY DEVELOPMENT
- 1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
FRONT FOOT:
TOTAL FRONT FOOTAGE TO BE
ASSESSED:
8,987.92
$78.9231
TRACT
FEET OF
CONSTRUCTION
NUMBER
----------------------------------------------------------------------------------------------------------------------
OWNER
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
18
City of Allen
Lot 2, Block
9
125
$9,865.38
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur.
A-758
19
Allen Nat. Bank/Leonard Nat.
Lot 2, Block
2
125
$9,865.38
$11,500.00
$9,865.38
P. O. Box 22
Original Town
Allen, TX 75002
James L. Reed
Sur.
A-758
20
A.I.S.D.
Block 2
100
$7,892.31
$0.00
$0.00
200 S. Cedar
Original Town
Allen, TX 75002
James L. Reed
Sur.
A-758
21
A.I.S.D.
Lots 1,2,3,4,5,
Block 13
330
$26,044.61
$0.00
$0.00
200 S. Cedar
Original Town
Allen, TX 75002
James L. Reed
Sur.
A-758
22
Harold Walker
Lot 1B, Block
J
151.41
$11,949.74
$16,500.00
$11,949.74
P. O. Box 364
Original Town
Allen, TX 75002
James L. Reed
Sur.
A-758
23
City of Allen
Lot 1C, BLock
J
76.11
$6,006.84
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur.
A-758
24
City of Allen
Lot 1 & 2 (Part) Block J
88.16
$6,957.86
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur.
A-758
25
First Baptist Church/McKinney
Lot 8, Block J
273.76
$21,605.98
$86,700.00
$21,605.98
1615 W. Louisiana St.
Original Town
McKinney, TX 75069
James L. Reed
Sur.
A-758
26
Claytor/Fraze
Part of Block
K
185.62
$14,649.70
$13,450.00
$13,450.00
Charles Claytor-C/O M.Claytor
Original Town
812 Lake Highlands-Allen,TX
James L. Reed
Sur.
A-758
Attachment to: Ordinance No. 897-1-89
Adopted: 1-17-89
Page 4
E X H I B I T "A"
CITY OF ALLEN - DEPARTMENT OF COMMUNITY
DEVELOPMENT - 1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
FRONT FOOT•
TOTAL FRONT FOOTAGE TO BE
ASSESSED:
8,987.92
$78.9231
TRACT
FEET OF
CONSTRUCTION
NUMBER
OWNER
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
-----------------------------------------------------------------------------------------------------
27
City of Allen
Park of Block K
100.21
$7,908.88
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed Sur. A-758
28
Stephen Long
Part of Block K
57.07
$4,504.14
$0.00
$0.00
c/o Greenlight Store
Original Town
Box 34, Allen, TX 75002
James L. Reed Sur. A-758
29
City of Allen
Part of Block K
48.95
$3,863.28
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed Sur. A-758
30
Folsom -English, Allen J.V.
Peter Wetsel Survey
377.6
$29,801.35
$98,000.00
$29,801.35
Cottonwood Creek Village S.C.
Abstract 990
C/O Property Tax Analyst
Box 36425 -Dallas, TX 75235
31
Vance M. Williams
Lots 6, 7, Block 10
50
$3,946.15
$7,550.00
$3,946.15
P. O. Box 664
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
32
E. T. Boon & V. Williams
Lot 5, Block 10
100
$7,892.31
$6,550.00
$6,550.00
P. O. Box 664
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
33
Peggy Bridges
Lot 5A, Block 1
60
$4,735.38
$3,950.00
$3,950.00
P. O. Box 442
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
34
Margaret Rankin
Lot 5B, Block 1
65
$5,130.00
$4,000.00
$4,000.00
102 E. McDermott Dr.
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
35
Alton Chumbley
Lots 6 & 7, Block 1
100
$7,892.31
$14,500.00
$7,892.31
309 Ellis Dr.
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
Attachment to: Ordinanace No. 897-1-89
Adopted: 1-17-89
Page 5
E X H I B I
T "A"
CITY OF
ALLEN - DEPARTMENT OF COMMUNITY DEVELOPMENT - 1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
$78.9231
FRONT FOOT:
TOTAL FRONT FOOTAGE TO
BE ASSESSED:
8,987.92
TRACT
NUMBER
OWNER
DESCRIPTION
--------------------------------------------------------------_-----
FEET OF
FRONTAGE
CONSTRUCTION
COST
ENHANCEMENT
ASSESSMENT
36
A.I.S.D.
200 S. Cedar
Block 12,
227.96
$17,991.30
$0.00
-------$0.00
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
37
Roy R. & Cora May Carroll
204
Lot 5, Block 12
110
$8,681.54
$11,000.00
$8,681.54
McDermott Dr.
Original Town
Allen, TX 75002
Wm. Perrin Survey, A-708
38
Douglas Nelson
301
Lot 1, Young Addition
100
$7,892.31
$10,500.00
$7,892.31
S. Cedar
Wm. Perrin Survey, A-708
Allen, TX 75002
39
E. B. Young
300 Young Dr.
Lot 2, Young Addition
72
$5,682.46
$15,200.00
$5,682.46
Wm. Perrin Survey, A-708
Allen, TX 75002
40
Church of Jesus Christ
Lot 3, Young Addition
65.5
$5,169.46
$7,000.00
$5,169.46
George Benyola
Wm. Perrin Survey, A-708
904 Sandy Creek-Allen,TX 75002
Box 729, Chandler,AZ 85244
41
Patti L. Mayberry
11
Lot 4, Young Addition
67.5
$5,327.31
$6,850.00
$5,327.31
Moonlight Trail
Wm. Perrin Survey, A-708
McKinney, TX 75069
42
City of Allen
Cemetery
883.14
$69,700.12
$0.00
$0.00
One Butler Circle
Wm. Perrin Survey, A-708
Allen, TX
43
Irene Gafney, James Rees,
David Wetsel Sur., A-708
342.95
$27,066.67
$45,700.00
$27,066.67
Stephen Voros
4800 Samuells Blvd.
Dallas, TX 75228
Attachment to: Ordinance No. 897-1-89
Adopted 1-1,7-89 Page 6
E H H
I B I T "A"
CITY OF ALLEN - DEPARTMENT OF COMMUNITY
DEVELOPMENT -
1-16-89
TOTAL ESTIMATED COST:
$2,837,417.03
$709,354.26
MAIN STREET PHASE 2/3 ASSESSMENT ESTIMATE
25% TO BE ASSESSED:
TOTAL FRONT FOOTAGE TO BE
ASSESSED:
8,987.92
COST PER
FRONT FOOT:
$78.9231
FEET OF
CONSTRUCTION
TRACT
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
NUMBER
OWNER
-------
44
----- --------
First Bapt. Ch./McKinney
-------- ------------------------------------------------
Part of Block
K
278.31
$21,965.08
$59,500.00
$21,965.08
1615 W. Louisiana St.
Original Town
McKinney, TX 75069
James L. Reed
Sur.,
A-758
-
Claytor/Fraze
Part of Block
K
29.7
$2,344.02
$0.00
$0.00
Charles Claytor/C.O. M.ClaytorOriginal Town
812 Lake Highlands-Allen,TX
James L. Reed
Sur.,
A-758
Part of Block
K
80
$6,313.85
$36,800.00
$6,313.85
45
Clyde Marrs
302 Keith Drive
Original Town
Allen, TX 75002
James L. Reed
Sur.,
A-758
46
Billy D. LaGrone
James L. Reed
Sur.,
A-758 120
$9,470.77
$7,100.00
$7,100.00
Route 2, Box 33
Celina, TX 75009
Part of Block
K
181
$14,285.08
$10,650.00
$10,650.00
Original Town
James L. Reed
Sur.,
A-758
47
Independent American Savings
James L. Reed
Sur.,
A-758 605
$47,748.46
$98,000.00
$47,748.46
Box 163369 -Irving, TX75016
-
City of Allen
Part of Block
K
111.6
$8,807.81
$0.00
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur.,
A-758
-
Stephen Long
Part of Block
K
56.3
$4,443.37
0
$0.00
C/O Green Light Store
Original Town
Box 34, Allen,TX 75002
James L. Reed
Sur.,
A-758
-
City of Allen
Part of Block
K
63.1
$4,980.05
0
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur.,
A-758
Attachment to: Ordinance No. 897-1-89
Adopted: 1-17-89
Page 7
E X H I B I T "A"
CITY OF ALLEN - DEPARTMENT OF COMMUNITY DEVELOPMENT
- 1-16-89 TOTAL ESTIMATED COST:
$2,837,417.03
MAIN STREET PHASE 2/3 ASSESSMENT
ESTIMATE
25% TO BE
ASSESSED:
$709,354.26
COST PER
FRONT FOOT:
TOTAL FRONT FOOTAGE TO
BE ASSESSED:
8,987.92
$78.9231
TRACT
FEET OF
CONSTRUCTION
NUMBER
OWNER
DESCRIPTION
FRONTAGE
COST
ENHANCEMENT
ASSESSMENT
----------------------------------------------------------------------------------------------------------------------
-
City of Allen
Part of Block
K 63.08
$4,978.47
0
$0.00
One Butler Circle
Original Town
Allen, TX
James L. Reed
Sur., A-758
TOTAL FRONT FOOTAGE 8,987.92
TOT. ASSESSMENT
$448,337.59
j'
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
Ordinance ;'897-1-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
January 22, and January 25, 1989
and which was issued on January 22, 1989 ,by The City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this ! day of -j , A.D. 19
Nbhshei s fee $ -57 - 8 n
..........
V.A. TODD
; ': •� MY COMM1SMON EXhIRI
CITY OF ALLEN. - -
PUBLIC NOTICE
Notice is hereby given that the Allen City9
Council adopted the following ordinance at,
a called - special meeting held on Tuesday,!
January 17, 1989 (Title only):
1 Ordinance No. 897-1-89: An Ordinance
I of the City of Allen, -Collin County, Texas,
Closing a Public Hearing dives to the Real
and True Owners of Property Abutting Por-
tions of Certain Streets in the City of Allen;
More Particularly Described as F.M. 2170
From U.S. 75 to Allen Drive, McDermott
Drive from Allen Drive to a Point 360 Feet'
East of the'East Right -of -Way Line of Dog-',
wood Drive, Dogwood Drive from Maui to
McDermott Drive, and Main -'From DogJ
wood to State Highway 5, Within the City`
Limits of the City of Allen, Collin County,l
Texas, Said Hearing • was Giver for the
Purpose of Levying Assessments for Part'
of the Cost of, Improving a Portion of the
Designated Streets, ,Fixing Charge and
Liens Against Abutting Property Thereon
�By Virtue -of the+Improvement bf-Said
Streets, Receiving Evidence as to the Spe;,
cial Benefits in Enhanced Value to Accrue'
to These Properties, -and Considering any;
Errors, Invalidities, or Irregularities in Any'
of the Proceedings or Contract; Providing
ifor -the Collections of Such Assessments
and -,the I9suance'of -Assignable Certifi 1
cates 6f-A--s-sessm'6hts'as-Evidence1
Thereof;,Providing -for,the Time,•Method,
L Manner of Payment of Assessments_
and Certificates; Providing -an,Effective
Date of Passage; Amending Prior Ordi-
nances of the City of,Allen to_Conforml
Herewith; and Providing a Severability'
Clause. ,
. A copy of this ordinance may, be read or
►purchased in the,office of the City Secret -
i ary, City of Allen, One Butler Circle, Allen,,
Texas 75002. , +
Marty Hendrix, CMC
�City Secretary j
01/22/89, 01/25/89.
d.
Public in and for Collin County, Texas
I CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
a called - special meeting held on Tuesday, I
January 17, 1989 (Title only): -
i Oi dinani a No1897-1-89: An Oiainance I
bf.the City of Allen, Collin County, Tezas,
Closing a Public Hearing Given to the Real 1
and True Owners of Property Abutting Por- 1
Ctions of Certain Streets in the City of Allen;1
I More Particularly Described as, F. M. 21701
From U.S. 75 to. Allen -Drive, McDermott,
Drive from Allen Drive toa Point'360 Feet'
Easfof the'East'Right-of=Way Line of Dog -I
� wood Drive, Dogwood Drive from Main to.
[McDermott, Drive, and .Main From,Dog-;
Wood.'to State, Highway 5,' Within the -City
Limits 'of the City of Allen, Collin County,
Texas, Said Hearing was Giver' for, the,
Purpose of Levying Assessments for Part'
bf the Cost of,lmproving a Portion'of the'
Designated Streets, Fixing Charge.andj
Liens Against Abutting Property,Thereon
By Virtue of the Improvement of Said
Streets, Receiving Evidence as to the Spe-
i cial Benefits' in Enhanced Value to Abcrue i
I to These Properties, and Conbide-ring any i
I Errors;-Invalidities, oir Irregularities in Any1
i of the Proceedings or Contract; Providing
for the Collections of;Such Assessments
and the Issuariee of Assignable Certifi-I
cates-of Assessments as -Evidence.
,Thereof; -Providing for thelTime, Method
and Manner of Payment of Assessments,
and Certificates; Providing an Effective
Date of, PassagW Amending Prior Ordi-
narices'of the'City'of„Allen to Conform,
1 Herewith;'and Providing a Severability.l
Clause.
f rA copy of this ordinance may be`read oi�
purchased in the office of the City Secret -i
ary, City of Allen, One Butler Circle, Allen,t
Texas 75002. , ;r ,
Marty Hendrix; CMC ,
City Secretary
t01 /22/89, _01 /25/89. _ -
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
JUDY EDQUIST
BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE `y'EDGEWORTH, who having been by 111C duly
sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less Ii'CLIuently than once a
week, having a general circulation in said county, and having been published regularly and continuously for more than twelve month.
prior to publishing
NOTICE OF PUBLIC HEARING - MAIN STREET(MCDERMOTT) PHASES II & III
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
December 18 and 25, 1988
and which was issued on 12-18-88 by
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this P74 day of
V.A. TODD
Publisher's fee S 8 6.4 0MYCOMMIS>SION EXPIRES
Dammber 5, 1992
City of Allen
L
A.D. 19p—
ry Public in and for Collin County, Texas
CITY OF ALLEN I
NOTICE OF PUBLIC HEARING
-CITY OF ALLEN
NOTICE OF PUBLIC HEARING
MAIN STREET (
ASS E
PHASES II &III ASSESSMENT
MASTREET (MCDERMOTT)
IN,i
• PHASES II & III ASSESSMENT
Notice is hereby given that the Allen City
Notice is -hereby given that theAllen iCity
Council will conduct a public hearing at
7:00 p.m. on Tuesday, January 10, 1989,
Council will conduct a public hearing at
in the Council'ChambeYs of the Alleri Mun=
7.00 p:m on Tuesday, January,10; 1989,
in the Council Chambers of the Allen Mun
icipal Annez_;.One",Butler Circle,,Allen,
Texas as to the amount to be assessed
icipal A'nriex, One'Butler Circle, Allen,
against each abutting pro ert".and owner
p y
�� ^v Texas as to,the amount•to be assessed
Dogwood`Driv6_fromthe north right-of-way- against.each abutting property and owner{
-F -,-.
thereof,-and,to all •persons•interested in
_- ,�.a �. ,-_,-� �,
line'of McDermott'Drive to the south right -i, thereof, and to all persons interested, in'Dogwood Drivefrom the north right-of-way
sai6matter, and as to the benefits to said
by
of -way line of F.M. 2170 (Main Street) shall
said matter, and-as.to°the benefits to said line of McDermott Drive to the south right -
,property reason of the improvements or
be improved with eight -inch (8") thick 3000
property by reason of the improvements or of -way line of F.M. 2170_(Main Street) shall
any other matter !or thing in connection
therewiththe following street:
psi compressive'strength reinforced con-
"with'a,
any other matter or thing in"connection nbe improved with'eight-inch (8") thick 3000
F.M. 2170 (-
(McDermott
McDermott Drive) from the east
trete pavement complete with curb, therewith on the following street: 1"• - psi. compressive -strength, reinforced con-
six-inch (6") lime treated subgrade, to pro-; r F.M 2170 (McDermott Drive) from the east trete pavement complete with curb„with a
`vide
frontage roadiof•Highway'75 to the east
"right=of-way line.of Anna Drive shall be im
adivided throughfareoftwo roadways' frontage road'of Highway_75 to the east six-inch (6") lime treated subgrade, to pro-
I vide a divided throw hfare of two roadwa s
each twenty-five feet (25') in width to right-of-way line of Anna Drive shall be im-g y
proved with bight -inch (8")•thick 3000 p§i
+compressive strength 'reinforced concrete
back of curb),•including drainage improve-'• proved with eight -inch (8") thick 3000 psi each twenty five feet (25') in width (back to
ments, sidewalks, landscaping and streets compressive strength reinforced concrete, back of curb), -including drainage improve-,
{pavement complete with curb, with"a six-
mchf(6") lime treated subgrade; to provide
lightingr# , t I pavement complete •with'curb,,with a siZ- meets, sidewalks; landscaping and streetl
lighting.
Pa divided thoroughfare of two roadways,
Said improvemen"tsare,located within one inch (6") lime treated subgrade, to provide i
or more of the following surveys: �� a divided thoroughfare -of two roadways, Said improvements are located within one
leach thirty-six feet (36') in,width'(back to
back of curb), including drainage improve-
James Reed Survey- Abstract No. 758 each thirty six-feet'(36') in width,(back to•or more of the following surveys: ,r :11
_William Perrin Survey, `Abstract No.,708 back of, curb),. including drainage improve- James Reed Survey ,!'Abstract No. ,7581
ments, sidewalks, landscaping and street
lighting` .K " _ `�
A.B. Perrin Survey Abstract No. 713 • ments, sidewalks, landscaping and street'William Perrin SurveyAbstract No. 708
All'I iri "Zvithin the ci limits of Alleri, Collin lighting.A.B, Perrin Survey Abstract No.'Y13
Y g �' i
McDermott Drive from the -east right -of-
way line of Allen Drive to the'east right -of,- �
Count Texas:" r; �`•" All lying within the cit limits of Allen, Collin
y, �, ;,,- �• McDermott Drive -from the east right -of= Y 9 Y
.The cost •of -said -improvements- shall be way line of Allen Dnvb to the east Fight -of- County, Texas.,,, . I
way line of Dogwood Drive shall be im-
proved with eight -inch (8") thick -3000 psi
1 -P ..
paid as follows; to -wit: rT:_.ve
(a) The estimated cost of the improment
'way line of Dogwood' Drive shall be im- The cost 6f -,said improvements shall be
proved with eight -inch (8") thick•3000'psi, paid -as follows, to -wit: N
strength reinforced concrete
is $3,369,701.00 " '
compressive strength,feinforced concrete. (a) The estimated cost of the improvement
`
1compressive
pavement-bomplete with"curb with a six' -1
inch (6") lime treated subgrade; to provide
(b) The estimated costs to be assessed
pavement complete.with curb -with a six -;is $3,369,701.00 I
.5,divided.thoiroughfar6of twb roadways,
against the abuttind property and the'owri- inch (6") lime treated'subgrade, to provide (b) The estimated costs to be assessed
ers thereof, on a per front foot basis at 25% a divided thoroughfare -of two, roadways,) against the abutting property the owns
each ti -five feet (25') in width (back to '
_and
of the total costs is $842,425.25. each twenty-fivb feet (25') in wuith'(back to ers thereof on'a per front foot basis at 25%_
back"of curb) including drainage improve
meats; sidewalks; landscaping and street
(c) The estimated rate per front foot to be, back,of curb) including drainage improve- of the total -costs is $842,425.25`
The estimated front foot
1alighting.
!assessed against abutting property and j ments; sidewalks, landscaping, and street (c) rate per to be
r ,' .
I McDermott Drive (F.M. 21 70j from the east
the' owners thereof for improvements is lighting. r -- -, . . . assessed against' abutting property and
'$93.7286. I - I McDermott Drive (F M. 2170) from the east the'owners thereof for' improvements is
right=of=way line,of Dogwood Drive to the
west right-of=way line of State Highway 5
The purpose -of -this public hearing "L
p p p g is to right-of-way line of Dogwood Drive to the $93.7286.
,shall be impfoved with eight -inch (8") thick I
`strength
receive sworn testimony from'abutting west right-of-way line of State Highway -51 The'purpose'of:this'1public -hearing -is to
Property owners and other interested par- shall be improved with-eighi-inch (8")'thick receive sworn testimony from abutting
3000 psi compressive reinforced
concrete pavement complete, with curb
ties. Done by order of the Allen City Council 3000 psi compressive strenbth reinforced l property owners and other interested par -
of the City of Allen, Texas, the 20th day of t concrete pavement co'm`plete with curb ties. Done by order of the Allen City Council
with a six-inch (6")•lime treated subgrade,
to, provide, a divided'thoroughfare.of two
Dctob'er, 1988. -- ;with a six-inch (6") lime treated subgrade, of the City of Allen; Texas, the 20th day of
- Marty Hendnx,"CMC hto provide'a divided thoroughfare -of two October, 1988.r +�
roadways, the eastbound side being thirty
�•- City Secretary !roadways, the eastbound side being thirty
'' 'f' Hendrix, CMC
six feet (36') in width and the westbound
being twenty" five feet (25') m width (back to
" ,C "I 12/18, 12/25; 1/1 'six feet (36') -in width and the westbound
_Marty
`� t- r IC1iy Secretary
i
`back of'curb)`iribluding'drainage improve-
_ being twenty-five feet (25') in width (back to
back of curb), including drainage improve
f ;�' r 12/18, 12/25`1 /1
ments, sidewalks,, landscaping and street
lighting.
�ments, sidewalks, landscaping and street
'x•'
i
F.M. 2170 (M airijSteeet)ffrom the west
line
h htin •'
�F M. 2170_(Main Street) 'from the west
right of way of Dogwood Drive to Cot
tonwood Creek shall be improved'with
fright -of -way line,of•Dog'wood Drive -to Cot-
�tonwood Creek shall be improved. with
eight-mct�(8':)'thick 3000 psi compressive
Astrengtti"reinforced'.concrete+pavement)
�eigHt-inch'(8") thick 3000 psi -compressive
complete with curb,-with'a sii-inch (6") lime (
strength' reinforced concrete pavement
rcomplete witii c5rb-, with a sii-inch (6") lime
treated subgrade, to provide a -twenty -I
;treated subgrade,"to•provide a•tiN
seven foot (2T)' roadway including drain
improvements;. sidewalks, landscap-
seven footj2T) roadway-includrrrg drain-
jage
iage
ng and streetlighting:=" _ ,.. �
improvements, sidewalk§, landscap-
Ln�Lgnd streetlightinq. A_yLx