1976-002 AN ORDIN~'qCE CLOSING THE HEARING .~q'D LEVYING AN ASSESSMENT ON THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED
IN STREET PAVING ASSESSMENT ON GOBER STREET FROM CROW TO SENA,
FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE
AMOUNT OF THE COST OF SAID IMPROVEMENTS, FIXING A CHARGE AND LIEN
AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF, PROVIDING FOR THE ~SUANCE OF ASSIGNABLE CERTIFICATES
UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, PROVIDING FOR
THE COMPLETION AND ACCEPTANCE OF SAID WORK, PROVIDING FOR THE
MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND
THE CONDITIONS OF DEFAULT
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The City Co.noel of the City of Denton, Texas, f~nds that
the D~rector of Community Development has prepared an estimate of
the cost of ~mprovements on Gober Street from Crow to Sena, the
estimate of cost having been completed and filed ~n the office of
the D~rector of Comm%unlty Development ten days prior to the date
of thls ordlnance and the estlmates of cost so prepared and flied
are hereby approved The C~ty Council further f~nds that the plans
and specifications prepared by the D~rector of Community Development
for the Improvements of the here~n named streets are sat~sfaotory,
and such plans and speclflcatlons are hereby approved
The C~ty Co~ncll flnds that due not~ce and opportunity to be
heard on th~s assessment has been g~ven, and that notice of the
public hearing was given at least ten days before the date of the
hearing and inserted at least three times ina newspaper published
in the C~ty of Denton, as required by law The public hearlng was
opened and held ~n a~¢ordance w~th the ordinance and not~ce, at
wh~oh t~me and place an opp~rt~ty was g~ven to all of the persons,
firms, corporations and estates owning or claiming any such abutting
property, or any ~nterest there~n, to be heard and to offer evidence
as to all matters ~n acoordance wlth sa~d ordlnance and not~ce In
the course of the hearing, suff~clent and competent evidence was
heard showing that the ~mprovements to be placed along the property
involved would an each instance ancrease the value of such property
by more than the cost of such improvements to the property owners
Based on the evidence, matters, testimony and objectlons considered
at such hearlng, the saad Clty Council has determaned that the pro-
pert~es and each and every parcel of such property abutting upon
the streets and units as hereanafter set out will be enhanced in
value and speclfacally beneflted in an amount an excess of the
amount of the cost of such improvements proposed to be, and as here-
anafter assessed against eaoh of sa~d parcels of property, abutting
upon sa~d streets and the real and true owners thereof
The cost of improvements of each portion of street ordered
· mproved herean shall be apportaoned among the parcels of abuttang
property and owners thereof an accordance wath the front foot plan,
which plan ~s found to be fair and equitable
SECTION II
There as hereby levaed and assessed agaanst the parcels of
property descrabed ~n Exhlblt B attached hereto and made a part
hereof, and against the real and true owners thereof, whether such
owners are named or correctly named ~n such exhibit or not, the
sums of money shown opposite the description of property ~n such
exh~bat
SECTION III
Where more than one person, farm or corporation owns an ~n-
terest ~n any parcel of property descrabed in Exhibit B, each owner
shall be personally l~able only for the prorata share of the total
assessment against such property in proportion as such owner's in-
terest bears to the real ownershlp of such property, and such owner's
anterest an such property may be released from the assessment l~en
upon payment of such proportional sum
SECTION IV
The several sums mentioned an Exh~bat B and assessed against
the respective parcels of property descrabed therein and the owners
thereof and ~nterest thereon as specaf~ed here~n, together with ex-
-2-
penses of collectzon and reasonable a~torney~s fees, [~ ~ncurred,
shall be a fzrst and p~zor lzen on the respective parcels of pro-
perty assessed superzor to all other liens and claims, except State,
County, School Dlstrzct and City Ad Valorem taxes, and shall be a
personal llabllzty and charge against the real and true owners of
such property, whether such owners are named or correctly named in
such exhlbzt or not
SECTION V
The several sums mentioned zn Exhibit B and assessed against
the respective parcels of property descrlbed therein and the owners
thereof shall be payable by one of the alternative methods below
set forth
(a) Placing an amount equal to the paving assessment in
escrow for the C~ty of Denton with the Department of Fznance to be
pa~d upon completion and acceptance of the paving by the City of
Denton, or,
(b) Executing a note or notes, payable to the C~ty of Denton
· n an amount equal to the paving assessment to be assessed against
the abutting property, sald notes to be payable zn equal monthly in-
stallments not to exceed three years ~f the front footage is less
than 300 feet, four years ~f the front footage is 300 feet to 400
feet, and five years if the front footage ~s over 400 feet
Interest on the note or notes, payable in equal monthly In-
stallments, shall be at a rate of elght (8%) percent per ann~m Any
balance on any note that is due and owzng and unpaid shall carry an
· nterest rate of eight (8%) percent per annum until paid
Any such installment may be pa~d at any time before maturlty
by the payment of the principal and accrued ~nterest thereon Past
due principal and interest shall bear interest at the same rate
from maturity until pazd If default ~s made in the amount of any
such ~nstallments or znterest, the entire unpaid balance of the
assessment plus ~nterest shall, w~thout notice to the owners, and
at the option of the holder of the Cert~fzcate of Special Assessment,
-3-
if any, immediately beoome due and payable, together with expenses
of collectlon and reasonable attorney's fees, ~f ~ncurred In the
event of such default, ¢ollectaon shall be enforced by suat an any
court havang ]urlsdactlon
(c) In the event the amount payable for the paving assess-
ment is not placed in escrow, as provided in paragraph (a) above,
or by the executlon of notes, as provided an the foregoing para-
graph, the full sum of the assessment as shown in Exhlbat B shall
be due and payable upon the completion and acceptance of the work
provlded for hereln
SECTION VI
For the purpose of evldenclng the several assessments lev~ed,
assignable certificates may be ~ssued by the City of Denton upon
completion and acceptance of the improvements Such certaflcates,
if assued, shall be executed by the Mayor, signing the same, or by
his facs~mlle slgnature ~mpressed thereon, and attested by the Caty
Secretary, under the ampress of the corporate seal, and shall be
payable to the Caty of Denton or ats assagns Such certaflcates
shall provide ~n substance the following
(a) The amount of the assessment as specified ~n Exhibit B,
together with time, terms, rate of lnterest and condataons of pay-
ment as specified in Section V above
(b) The terms and condltlons of default as specified in Sec-
taon V above
(c) That the proceedings with reference to maklng the amprove-
ments there~n referred to have been regularly had an complaance wath
the law and that all prerequisites to the faxlng of the assessment
laen agalnst property described an the certaflcate and the personal
llabalaty of the owner or owners thereof have been performed
(d) Coupons may be attached in evadenee of the several in-
stallments which may be signed w~th the facslmlle signatures of the
Mayor and City Secretary
(e) That the C~ty of Denton shall exercise all of ~ts lawful
powers when requested by the holder to aid in the collection thereof
771
--4--
, w, ??.1.
Such certifaeates may also contazn other appropraate and
pertanent recatals
SECTION VII
In the event any such assessment for any reason whatsoever
shall be held or determaned to be anvalad or unenforceable, then
the Caty Councal reserves the raght to supply any defacaency
proceedangs wath reference thereto and correct any mastake or
lrregularaty an connectaon therewath, and at any tame to make and
levy reassessments after notace and hearings as nearly as possible
an the manner provaded by the Statute referred to an Sectaon VIII
hereof for oraganal assessments and subject to the provisions
thereof wath referenoe to specaal benefits
SECTION VIII
Such assessments are lev~ed under the prov~saons of the
Acts of the Legislature of the State of Texas, known as Article
1105b of Vernon's Texas Cavll Statutes
PASSED and APPROVED thas the 6th day of January, A D 1976
TOM D JEST --JTR
B~ ~OLT,CITY- SEC~TARY
CITY OF DENTON, TEXAS
~PRO~D AS TO LEG~ FO~
~A~ C ISHA~, CITY ATT0~EY
CITY OF DENTON, TEXAS
--5_
EXHIBIT B
Assessment Koll
GOBER
Crow to Sene
~ Assessment
Total Pavement Cb & Gutter Total
~ot ~ame & Address ~onst,_ Only Only Cost
4 & 5 Rosabel E Mizell, Box 365, Denton 200' $2000 00
6 David E Brown, 2514 Ft Worth Dr 200' 2000 00
5 2 Gary Bennett, 1728 Sene 150' 1500 00
5 3 James B Mack, 2304 Crestwood 50' 500 00
6 Iverna M Uilson Box 223, 50' 500 00
Ector, TX 75439
6 1 C C Orr, Jr , 1911 Mistywood 50' 500 00
6 2 Bob E Vestal 1022 Congress 100' 1000 00
$8000 00