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