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1970-011 NO ~0 AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN, FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS AND DRAINAGE FACILITIES 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 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 C~ty Council of the City of Denton, Texas, finds the C~ty Engineer has prepared or appro¥~ a~ est~QKe of the cost of ~mprovements on Project Number (.~ ~/~) , the estimate of cost having been completed an~ ffled ~n the Off~¢e of the C~ty Engineer ten days prior to the date of th~s ordinance and the estimates of cost so prepared and f~led are hereby approved The C~ty Council further finds that the plans and specifications prepared by the Texas H~ghway Department for the ~mprovements of the here~n named street and drainage facilities are satisfactory, and such plans and specifications are hereby approved The C~ty Council f~nds that due not~ce and opportunity of the public hearing was g~ven at least 21 days before the date of the hearing and ~nserted at least three times ~n a newspaper published ~n the City of Denton and written not~ce mailed to each record owner, as required by law The public hearing was opened and held ~n accordance w~th the ordinance and ~ot~ce, at which t~me and place an opportunity was g~ven to all of the persons, f~rms, corporations and estates owning or cla~m~ng any such abutting property, or any ~nterest there~n, to be heard and to offer ewdence as to all matters in accord- ance w~th sa~d ordinance and notice In the course of the hearing, sufficient and competent ewdence was heard showing that the ~mprovements to be placed along the property ~nvolved would in each ~nstance increase the value of such property by more than the cost of such ~mprovements to the property owners Based on the evidence, matters, testimony and objections con- s~dered at such hearing, the said C~ty Council has determined that the properties and each and every parcel of such property abutting upon the streets and un~ts as hereinafter set out will be enhanced ~n value and specifically benefited ~n an amount ~n excess of the amount of the cost of such improvements pro- posed to be, and as hereinafter assessed against each 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 and drainage facility ordered improved here~n shall be apportioned among the parcels of abutting property and owners thereof ~n accordance w~th the front foot plan, which plan ~s found to be fair and equitable SECTION II There is hereby levied and assessed against the parcels of property described in Exhibit 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 descrip- tion of property ~n such exhibit SECTION III Where more than one person, firm or corporation owns an ~nterest ~n any parcel of property described ~n Exhibit B, each owner shall be personally l~able only for the pro rata share of the total assessment against such property ~n pro- portion as such owner's ~nterest bears to the real ownership of such property, and such owner's ~nterest ~n such property may be released from the assessment lien upon payment of such proportional sum SECTION IV The several sums mentioned ~n Exhibit B and assessed against the respective parcels of property described there~n and the owners thereof and ~nterest thereon as heretofore specified, together with expenses of collection and reason- able attorney's fees, if ~ncurred, shall be a first and prior lien on the respective parcels of property assessed superior to all other liens and claims, except State, County, School District and City Ad Valorem taxes, and shall be a personal liability and charge against the real and true owners of such property, whether ~uch owners are named or correctly named in such exhibit or not SECTION V The several sums mentioned in Exhibit B and assessed against the respective parcels of property described thereln and the owners thereof shall be payable by_oneof the alter- native methods set forth in Ordinance No70-~ , which ordinance determined the necessity for the improvements des- crlbed herein SECTION VI For the purpose of ewdenc]ng the several assessments lewed, assignable certificates may be ~ssued by the City of Denton upon completion and acceptance of the ~mprove- ment$ Such certificates, ~f ~ssued, shall be executed by -2- the Mayor, signing the same, or by hls facsimile s~gnature impressed thereon, and attested by the C~ty Secretary, under the ~mpress of the corporate seal, and shall be pay- able to the C~ty of Denton or its assigns Such certificates shall prowde in substance the following (a) The amount of the assessment as specified ~n Exhibit B, together w~th time, terms, rate of ~nterest and conditions of payment as specified ~n Section V above (b) The terms and conditions of default (c) That the proceedings with reference to making the improvements there~n referred to have been re- gularly had in compliance w~th the law and that all prerequisites to the fixing of the assessment l~en against property described in the certificate and the personal liability of the owner or owners thereof have been performed (d) Coupons may be attached in ewdence of the several ~nstallments which may be s~gned with the facsimile s~gnatures of the Mayor and C~ty Secretary (e) That the C~ty of Denton shall exercise all of its lawful powers when requested by the holder to a~d in the collection thereof Such certificates may also contain other appropriate and pertinent recitals SECTION VII In the event any such assessment for any reason whatso- ever shall be held or determined to be ~nval~d or unenforce- able, then the C~ty Council reserves the right to supply any deficiency in proceedings w~th reference thereto and correct any m~stake or ~rregularlty ~n connection therewith, and at any t~me to make and levy reassessments after not~ce and hearings as nearly as possible in the manner provided by law SECTION VIII Th~s ordinance shall be effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this J~// day of ~ ×-~ / A D 1970 CITY OF DENTON, TEXAS -3- · '¢)'0 ~,T-~T~ §T ~ , /' 6¢R~0,0~S HOLT, CITY SECRETARY ~ITY OF DENTON, TEXAS APPRQ.~ED AS~,TO LEGAL FORM J.~< Q BARTON, CITY ATTORNEY TY OF DENTON, TEXAS -4- ] ×HiB] ] A} ~ SF R R lOb~ON~ SfI~]l Page 1 o~ 4 FXISf~NG L51~¢ Nklf C[~, CUrl} R ~ G~IER ~D ~[]l R BLOCK i PROPBII~ D~INaql 1  OI~R FRONI FROVI AqSFSS] FOUIAGL CRFI)I r r~ ACt 4070 4A~ [JB Mlen,~te~ses Rt 1, R~d~ Estate~ City 200 LF $ 2,000 $ 2,000 4070 " 210 IF 2,100 2,100 4071 [ H Br~qcoe ~20 S ~c~t ;1W 1110 LF 11,100 ll,lO0 4019-2 W Cec~l Butler 1705 W ¢]~vers~ty Dr C~ 23 5 L} $ 47 23 5 LF 235 188 4070 ~nton Co Electmc Co-~, Inc Box 699 City 191 5 LF 1,915 1,915 4019-2 ~rtle J L~ar~ ~3016 Nottmn~]am ~Clty 5 5 Lt 11 100 LF 1,000 989 4070 Greenway Ci~ Estates Box 162 Ci~ 440 5 LF 4,405 4,405 4071 3 1 J B Hardenm Box 38 or 386 J~t~n, Tex~ 100 L5 ] ,000 1,000 4039 1 ~ard A Harms Route 1, Box 476 H City 294 5 IF 2,945 2,945 4056 1 Har~ M McClendon 521 B~ City ]420 LF 14,200 14,200 Page 1 Total 29 0 Li $ 58 4,0q0 0 IF $40,900 $ 40,847 EX]STING CUP/3 NFI~r CURB, GUI'Ii R AND GUITFR AND O~I Iti R TO l Al BIOCk )T PROPtP3Y Dt~TNAGf tA(JJ]TJ]% COSi IO ) OWNFR FRONt } RONI ASSi %si 1) FOOTAGE CP4 m r roolAGr 4019-1 John B Morr~son 116 Maple City 125 LF ,250 125 IF 1,250 $ 1,000 4019- 2 Bailey Mull]n~ 600 Roberts City 95 LF 950 950 4071 R N NObles, G P Flanagan and A S W~ley c/o D~nton Osteopathic Clime, C~ty 227 LF 2,270 2,270 4070 R W Powelson 4000 Logan Court Irving, Texas 317 5 LF 3,175 3,175 ~038 Gan~er Payne 1002 Hlllcrest , City 294 5 LF 2,945 2,945 407] :H M P]tner Post Office Box /54 City 150 LF 1,500 1,500 4070 5 J W Porter First National Bank C]ty 89 LF 890 8~0 4057 4 J W Porter and J D Grlffen 2915 Wz lsonwood City 23 5LF 47 23 5 l F 235 188 Page 2 Total 148 5LF ;297 1321 S LF 13,215 $ 12,918 A'~ ~ S! R R TO ~NL q~Rltq Pase 3 of 4 EXISY]NG CURB NLtt~ ~1l~, GU~ H R ~J) G~l] R ~D O11~ R ~OF~I BLOCK IDI PROP~R~ DI~]NAGF ~ACIIIf]}S COql I0 Bt NO Oh~R FRON I } ROlq i Aqq] SS} I) FORAGE CI~i)IT F~TAGt COST 4078 3 J Newton Rayzor et al 1204 W [hJvets~t~ Dr C~t7 3288 8 LF $32,888 $ 32,888 4070 1 Stdennm] ~ Yomg Towxng ~ c/o J Newton Rayzor 1204 ~ ~vers~t7 ~ C~W 1901 I F 19,910 19,910 4070 1 2 J Newton Rayzor 1204 W ~versxt7 Dr Ci~ 200 LF 2,000 2,000 4010 2 " 100 LF 1~000 1~000 4051 6 " 150 LF $ 300 440 LF 4,400 4,100 4019-2 22 W B R~nell Box 2658 gVU Stat~ Ci~ 150 LF 300 150 LF 1,~00 1,200 4071 8 J W Scott 425 Broo~ood Dr Auburn, ~abam 032 7 IF 9,32/ 9,327 4070 4 Bernard F VanLoo c/o Clara V~Loo 1334 Kynn Dr Garlmtd, Texas 121 LF 1,210 1,210 4019- 2 24 Eugene Vxckre7 Post Off~ce Box 383 Healdton, Oklahom 200 LF 2,000 2,000 1019-2 25 Ward Foods F~n~ce Co~ c/o J~es C tlall Post Off~ce Box 9044 Ft Worth, Tex~ 100 LF 1,000 1,000 Page 3 Total 300 LF $ 600 17,523 5 Lb $75,235 $ 74,635 / Lx_U?L Page 4 of 4 BI OCK ~1 PROPI t[17 ])RA1NAqt _}~( Il 1D TJX__ COS1 IO B] NO O~11~ "~R~I ........... ~'I~ON 1 Aqqi qql tBUFAGF LI~LJ)] 1 } ~fpr~l O)SF 4019- 2 ] 9 Seth Watson 2912 l akewood Dr~ve C~ty 150 L1 $ 300 150 L1 1,500 $ 1,200 4071 6 Glen R ~lk~mon Post Off~ce Box 754 ' City 100 I F 1,000 ] ,000 Page 4 Total 150 Lk $ 300 250 L! 2,500 $ 2,700 Page 3 lot,1 300 Ii 600 /,5z& 5 I1 7~,73t 74,635 Page 2 lotal 148 5L} 297 1,321 5 LF 13,215 12,918 Page 1 Total 29 Lk 58 4,090 IF 40,900 40,842 Project Total 627 5LF $1255 13,185 Lt 131,850 130,5q5