1995-211E:\WPDOCS\ORD\pAVREL.ORD
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF
VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS.
61-16, 62-13, 64-26, 65-31, AND 66-30; AUTHORIZING THE MAYOR TO
EXECUTE SAID RELEASES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has heretofore, by
Ordinance Nos. 61-16, 62-13, 64-26, 65-31 and 66-30, 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. 61-
16, 62-13, 64-26, 65-31, and 66-30 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. 61-16, 2-13, 64-26, 65-31, and 66-30 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 ~D APPROVED this thejday of O~ ,1995.
BOB CAST~B~RY, ~R~
/
ATTEST:
JE~IFER WALTERS, CITY SECRETLY
A A O LEGAL FO~:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 61-16
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by
Ordinance No. 61-16 duly enacted on July 11, 1961, 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 on the 29th day of August,
1961, been filed in the Deed Records of Denton County, Texas, in Volume 472, Page 144;
and
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 61-24,
duly enacted on the 10th day of October, 1961, 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. 61-16, and declared the same to be a lien upon the abutting properties;
and
WHEREAS, Ordinance No. 61-24 has heretofore on the 21 st day of October, 1966,
been filed in the Deed Records of Denton County, Texas in Volume 543 Page 233; and
WHEREAS, a portion of the properties abutting the various streets described in
Ordinance No. 61-16 and Ordinance No. 61-24 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 472, Page 144 of the Deed Records of
Denton County, Texas and in Ordinance No. 61-24 recorded in Volume 543, Page 233.
The personal liability of the owner of the property which is the subject of the
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 ~ay of October, 1995.
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAY~
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: t2,_~O.Z~'~..,~&,o-~ 1L-Tf'~QL
J:\WPDOCSXK~PAV.REL
PAGE 2
RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 62-13
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by
Ordinance No. 62-13 duly enacted on April 24, 1962, 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 on June 18, 1962, been filed
in the Deed Records of Denton County, Texas, in Volume 482, Page 359; and
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 62-19,
duly enacted on July 10, 1962, 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. 62-13, and declared the same to be a lien upon the abutting properties; and
WHEREAS, a portion of the properties abutting the various streets described in
Ordinance No. 62-13 and Ordinance No. 62-19 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 482, Page 359 of the Deed Records of
Denton County, Texas and in Ordinance No. 62-19.
The personal liability of the owner of the property which is the subject of the
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~/4~day of October, 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J:\WPDOCS\K\62-13.REL
PAGE 2
o c
RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 64-26
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by
Ordinance No. 64-26 duly enacted on May 26, 1964, 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 on June 9, 1964, been filed in
the Deed Records of Denton County, Texas, in Volume 509, Page 382; and
WHEREAS, a portion of the properties abutting the various streets described in
Ordinance No. 64-26 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 ordinance by the City Council of said
City, in the aforesaid notice recorded in Volume 509, Page 382 of the Deed Records of
Denton County, Texas.
The personal liability of the owner of the property which is the subject of the
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 ~ay of October, 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J:\WPDOCS'xK\64~26.REL
PAGE 2
RELEASE OF PAVING LIENS
ASSESSED AGAINST HOMESTEADS
BY ORDINANCE NO. 66-30
THE STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, the City Council of the City of Denton, Texas, has heretofore by
Ordinance No. 66-30 duly enacted on August 23, 1966, 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 Counc,~l; 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 on September 1, 1966, been
filed in the Deed Records of Denton County, Texas, in Volume 541, Page 490; and
WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 67-2,
duly enacted on January 10, 1967, 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. 66-30, and declared the same to be a lien upon the abutting properties; and
WHEREAS, Ordinance No. 67-2 has heretofore on January 12, 1967, been filed in the
Deed Records of Denton County, Texas in Volume 546 Page 3 l; and
WHEREAS, a portion of the properties abutting the various streets described in
Ordinance No. 66-30 and Ordinance No. 67-2 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 541, Page 490 of the Deed Records of
Denton County, Texas and in Ordinance No. 67-2 recorded in Volume 546, Page 31.
The personal liability of the owner of the property which is the subject of the
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_~.~ay of October, 1995.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
J:\WPDO CS~K'~6-3 0.R~L
PAGE 2