1995-234E:\WPDOCS\ORD\PAVRE2.ORD
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF
VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS.
69-30, 75-45, 76-1, AND 76-27; AUTHORIZING THE MAYOR TO EXECUTE
SAID RELEASES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has heretofore, by
Ordinance Nos. 69-30, 75-45, 76-1, and 76-27, determined the
necessity for and ordered the improvement of various streets in the
City of Denton, Texas; and
WHEREAS, the City of Denton declared the liability of adjacent
property owners for a portion of the cost of improving portions of
various streets described in said ordinances, and declared the same
to be a lien upon the abutting properties; and
WHEREAS, the City of Denton has cross-referenced Denton County
Tax Records for the appropriate time periods with City paving lien
records, and determined that a portion of the liens assessed
against abutting properties were assessed against properties which
were claimed as homestead at the time the improvements were
ordered, and no mechanic's lien contract was executed prior to the
commencement of the improvements; and
WHEREAS, the City Council of the City of Denton desires to
release the liens which were assessed against properties which were
claimed as homestead at the time the improvements were ordered and
for which no mechanic's lien contract was executed before the
commencement of work on the improvements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the release
of paving liens assessed against homesteads by Ordinance Nos. 69-
30, 75-45, 76-1, and 76-27 for which no valid mechanic's lien
contract was executed.
SECTION II. That the Mayor is hereby authorized to execute
the releases attached hereto and incorporated herein as if set
forth at length for those properties which were determined to be
assessed against homesteads by cross-referencing County Tax
Records.
SECTION III. That the Mayor is hereby authorized to execute
such other releases as are necessary to release those paving liens
assessed by Ordinance Nos. 69-30, 75-45, 76-1, and 76-27, for which
adequate proof, as determined by the City Attorney, is provided
that the property was homestead at the time the work was ordered
and no valid mechanic's lien contract was executed. Adequate proof
that the property was homestead at the time the work was ordered
may be provided by the use of an affidavit in a form acceptable to
the City Attorney. The adequacy and sufficiency of the affidavit
shall be determined by the City Attorney.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~/day of ~, 1995.
BO~ CASTLEBERRY, ?R ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 69-30
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance
No. 69-30 duly enacted on August 12, 1969, determined the necessity for and ordered the
improvement of various streets in the City of Denton, Texas, in the manner and according to the
plans and specifications therefore, which plans and specifications have heretofore been approved
and adopted by the said City Council; and
WHEREAS, a notice duly executed in the name of the Ciiy of Denton, Texas, of the
enactment of the said above described ordinance has heretofore been filed in the Deed Records
of Denton County, Texas, in Volume 589, Page 587; and
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 69-33, duly
enacted on September 9, 1969, declared the liability of the adjacent property owners for a portion
of the cost of improving portions of various streets described therein and in Ordinance No. 69-30
and declared the same to be a lien upon the abutting properties; and
WHEREAS, Ordinance No. 69-33 has heretofore been filed in the Deed Records of
Denton County, Texas in Volume 591 Page 236; and
WHEREAS, a portion of the properties abutting the various streets described in Ordinance
No. 69-30 and Ordinance No. 69-33 were claimed as homestead at the time the improvements
were ordered; and
WHEREAS, attached hereto as Exhibit "A" and incorporated herein as if set forth at
length is a list of those properties which were claimed as homestead, according to Denton County
tax records, at the time the improvements were ordered and for which no mechanic's lien contract
was executed; and
WHEREAS, pursuant to Article 16 Section 50 of the Texas Constitution, a lien declared
upon abutting property is void if the property was claimed as a homestead at the time the
improvements were ordered and no mechanic's lien contract was executed by the owner prior to
the work being performed; NOW, THEREFORE,
The City of Denton, Texas, does hereby and herewith forever release the properties
described in Exhibit "A" from any and all special assessment liens and claims arising by virtue
of the improvements described in the aforesaid ordinances by the City Council of said City, in
the aforesaid notice recorded in Volume 589, Page 587 of the Deed Records of Denton County,
Texas and in Ordinance No. 69-33 recorded in Volume 591, Page 236.
The personal liability of the owner of the property which is the subject of the ngsessment
at the time the improvements were ordered is expressly reserved by the City of Denton and is not
herewith released or discharged.
EXECUTED this the ~ day of November, 1995.
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, M7 ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J WPDOCS'K 69-30
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RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 75-45
THE STATE OF TEXAS §
COUNTY OF DENTON
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance
No. 75-45 duly enacted on November 4, 1975, determined the necessity for and ordered the
improvement of various streets in the City of Denton, Texas, in the manner and according to the
plans and specifications therefore, which plans and specifications have heretofore been approved
and adopted by the said City Council; and
WHEREAS, a notice duly executed in the name of the City of Denton, Texas, of the
enactment of the said above described ordinance has heretofore been filed in the Deed Records
of Denton County, Texas, in Volume 764, Page 519; and
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 75-46, duly
enacted on November 4, 1975, declared the liability of the adjacent property owners for a portion
of the cost of improving portions of various streets described therein and in Ordinance No. 75-45,
and declared the same to be a lien upon the abutting properties; and
WHEREAS, Ordinance No. 75-46 has heretofore been filed in the Deed Records of
Denton County, Texas in Volume 764, Page 894; and
· WHEREAS, a portion of the properties abutting the various streets described in Ordinance
No. 75-45 and Ordinance No. 75-46 were claimed as homestead at the time the improvements
were ordered; and
WHEREAS, attached hereto as Exhibit "A" and incorporated herein as if set forth at
length is a list of those properties which were claimed as homestead, according to Denton County
tax records, at the time the improvements were ordered and for which no mechanic's lien contract
was executed; and
WHEREAS, pursuant to Article 16 Section 50 of the Texas Constitution, a lien declared
upon abutting property is void if the property was claimed as a homestead at the time the
improvements were ordered and no mechanic's lien contract was executed by the owner prior to
the work being performed; NOW, THEREFORE,
The City of Denton, Texas, does hereby and herewith forever release the properties
described in Exhibit "A" from any and all special assessment liens and claims arising by virtue
of the improvements described in the aforesaid ordinances by the City Council of said City, in
the aforesaid notice recorded in Volume 764, Page 519 of the Deed Records of Denton County,
Texas and in Ordinance No. 75-46 recorded in Volume 764, Page 894.
The personal liability of the owner of the property which is the subjecL o .... ,. assessment
at the time the improvements were ordered is expressly reserved by the City of Denton and is not
herewith released or discharged.
EXECUTED this the ~d~'day of November, 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J WPDOCS'~K',75-45
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