1976-001 NO
AN ORDINANCE DEC/_~LRING THE NECESSITY ~OR AND OEDERING TH~ PAVINC
AND I~tPROVW, MENT$ OF ;% PORTION OF GOEEE STREET FROM CRON TO SENA
IN THE CITY OF DENTON~ TEXAS, ORDERING TO BE PREPARED AN ESTIMATE
OF THE COST OF SUCH IMPROVEM~ENTS AND ORDERING THE PP~FPARATION OF
PLANS AND ~PECIFIC~TIONS, DII{ECTTNG ~HE GIVING OF NOTICE, DETE~-
MINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF
DENTON, PROVIDING A METHOD ~01' THA R~I~URSEMANT TO THA CITY O~
DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF
SUCH COST AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS, AND
FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT,
DIRECTING THE CITY SECRFTARY TO FILE NOTICE OF THE ASSESSMENT,
AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
A necessity exists for the permanent improvement of that
certain portion of Gober Street from Crow to Sena as hereinafter
listed and enumerated in Exhibit A, which is attached hereto and
made a part hereof
SECTION II
Such street shall be improved by cutting or filling to
bring it to grade, by widening and straightening, by constructing,
reconstructing, repairing and realigning curbs, by constructing
appurtenances and lncldentals to such ~mprovements, including all
drains and culverts, all as shall be recommended by the City
Engineer and approved by the City Council The City Engineer shall
prepare an estimate of the cost of such improvement and shall draw
and prepare all necessary plans and speclflcatlons
SECTION III
The City Secretary is hereby directed to cause to be prepared
a notice of the enaatment of this ordinance and file said notice
with the County Clerk of Denton County, Texas, among the mortgage
or deed of trust records of said County
SECTION IV
The cost of such improvements shall be paid for by the City
of Denton The City of Denton shall reimburse itself for not more
than ninety (90%) percent of the cost of the improvements by the
assessments against the respective abutting property and the real
and true owners thereof in acoordance with the provisions of Article
l105b, Revised Civil Statutes of the State of Texas The amount of
such assessments shall constitute a first and prior lien upon all
suoh property and a personal ±lability on the real and true owners
thereof, whether correctly named or not The property abutting on
the street shall be assessed on a per front foot basis, the estimated
cost per front foot and the estimated total cost of the total paving
being as set forth in Exhibit A
No assessment shall be made until after the notice and hear-
lng provided by law, and no assessment shall exceed the special bene-
fits in enhanced value to the property and the owners thereof by
reason of such improvements
SECTION V
Such assessment shall be payable either by
(a) Placing an amount equal to the paving assessment in
escrow for the Clty of Denton with the Director of Finance to be
paid upon completion and acceptance of the paving by the City of
Denton, or,
(b) Executing a note or notes, payable to the City of Denton
in an amount equal to the paving assessment to be assessed against
the abutting property, said notes to be payable in equal monthly in-
stallments not to exceed three years if the front footage is less
than 300 feet, four years if the front footage is 300 feet to 400
feet, and five years if the front footage is over 400 feet
Interest on the note or notes, payable in equal monthly in-
stallments, shall be at a rate of eight (8%) percent per annum
Any balance on any note that is due and owing and unpaid shall carry
a straight interest rate of eight (8%) percent until paid
Any such installment may be paid at any time before maturity
by the payment of the prlnolpal and accrued interest thereon Past
due principal and interest shall bear interest at the same rate
-2-
from maturlty until paid If default is made in the payment of any
such ~nstallment or interest, the entire unpaid balance of the
assessment plus ~nterest shall, without notice to the owners, and
at ~e option of the holder of the Certificate of Special Assess-
ment, if any, l~edlately become due and payable together with ex-
penses of collection and reasonable attorney's fees, if incurred
In the event of such default, collection shall be enforced by suit
in any court having
Upon the completion of the improvement and the acceptance
thereof by the City of Denton, the assessment made against all
~uttlng proper~ owners who have not made arrangements for the
payment of the assessment as above set forth, shall be l~edlately
due and payable
SECTION VI
In m~lng such improvements, the City Council IS acting ~der
the provisions of the Act passed at the f~rst called session of the
Fortieth ~glslature of the State of Texas, known as Chapter 106 of
~e Acts of said session, together with amen~ents thereto also
known as ~tlcle 1105b of Vernon's Civil Statutes, adopted by the
Charter of the City of Denton, Texas
PASSED and ~PROVED this the 6th day of January, A D 1976
0 R
~KS HOLT, Ci Y SEC~T~Y
CITY OF DENTON, TE~S
APPRO~D AS TO LEGAL FO~
PAUL C ISH~, CITY ATTO~EY
CITY OF DENTON, TE~S
-3-
1 Gober Street from Crow to Sena
2 This is an addition to Street Paving Assessment Project No 7,
the low b~d being $758,596 31 and which will be increased to
encompass Gober Street from Crow to Sena
3 The assessment to ad]o~nlng property owners is
(a) Curb, gutter and street paving - $10 00 per front foot
(b) Street paving where curb and gutter exists - $7 40 per
front foot
(c) Curb and gutter only $2 60 per front foot