1960-005 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT 0F CERTAIN STREETS OR POR-
TI~NS THEREOF IN THE CIT~ OF DENTON, APPROVING PLANS
AND SPECIFICATIONS FOR~SUCH WORK, AUTHORIZING THE CITY
MANAGER TO ADVERTI~ F0R BIDS, DIRECTING THE PREPARA-
TION OF ESTIMATES, INVOKING THE PROCEDURE PROVIDED BY
THE CITY CHARTER AND CHAPTER 106 OF THE ACTS OF THE
FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS,
(ART ll05b R C S ), DETERMINING THAT A PART OF THE
COSTS SHALL BE BORNE BY THE CITY AND THAT A PART SHALL
BE{BOt~NEI BY THE ABUTTING PROPERTIES AND
THEREOF, PROVIDING FOR, THE ASSESSMENT OF THE 20~'i'lU~
oF, ~IE COSTS TO BE BORNE BY PROPERTY OWNERS AND FOR
TEE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESS-
MENTS, STATING THE TIME AND MANNER PROPOSED FOR PAY-
MENT OF ALL SUCH COSTS; DIRECTING THE CITY SECRETARY
TO CAUSE A NOTICE OF THE ENACTMENT OF TEIS ORDINANCE
TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS
oF DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE
D TE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That a necessity exists for the permanent im-
provement of those certain portions of public streets hereinafte,r
listed,~ by excavating, grading and paving the same, by the in-
stallation of drainage facilities therein and bythe construction
of curbs and gutters where adequate curbs and gutters are not
now in, place, and such improvements are hereby ordered The
portions of public streets to be improved being designated and
define~ by street units as~ follows
S TREE T STREET FROM T 0
UNIT
NO
i Anna, Street end of old pavement beginning of New
North of Crescent pavement 252' North
Street
2 Avenue C North line of Hickory South line of Oak
Street Street
3 Avenue C Sbuth line of Maple North line of Eagle
Street Drive
4 Avenue C end of pavement Highway 35E frontal
South Ro ad
5 Avenue D North line of North South line of Eagle
frontal Road High- Drive
way 35E
6 Avenue E North line Maple South line of Highland
Street Street
STpW. w. T STREET FROM TO
UNIT
NO
7 Bradshaw Street North line of East Paved portion of
McKlnney Street Bradshaw Street
8 Bryan Street West 1/2 width - South line of Ega~
North line Congress Street
Avenue
9 Cordel~l Street East line of Ector Paved portion of
Street - East Cordell
l0 Crescent Street North edge of new East line of Colt
bridge Street
ll Ector Street South pavement line paved portion of
of Highway 24 South Ector Street
12 Fulton Street South llne Panhandle South edge concrete
North culvert
13 Highway 377 South line Maple North line Ltndsey
Street Street
14 Houston Place end of pavement East East line Bradley
of~ Thomas Street Street with inter-
section work on
Bradley Street
15 Linden Drive end of pavement East end of pavement West
of Ector Street of Ector Street
16 North Locust North end of pavement South edge F M #2164
Street
17 Malone Street South line Crow South line Linden
Street Drive
18 Malone Street South line Linden South pavement line
Drive Highway 24
19 West Prairie West llne of Avenue edge of pavement
Street D West
SECTION ~2 That each of said street units shall be paved with
the following type of pavement-
2" hot mix asphaltic concrete pavement on
a 6" asphalt stabilized base
Streets shall be pave0 from curb to curb, "Roll Type" curbs
and gu ters shall be consti~ucte where the Director of Public Works
of the City of Denton determines that adequate curbs and gutters
do not, exist, and necessary drainage facilities shall be installed
The sp~ecifications for all such improvements, heretofore prepamed
by the Departmen~ ~of public ~_o_~kS of the City of Denton, and now
on file with the City Council are hereby in all things approved
SECTION 3 The City Manager is hereby authorized and directed
to advertise for bids for the improvement work herein described
The advertising, receiving and opening of such bids to be as pro-
vtded by the Charter of the City of Denton and the laws of the
State of Texas Upon the receipt a~d opening of the bids for
such improvement work, the Directo~. of. ~ub!ic__~0~k~ of the City
of Denton is hereby directed to prepare and file with the City
Council his estimate of the total costs of the improvements herein
ordered, and the total amount of the costs thereof to be paid by
the City of Denton and by the abutting properties and the owners
thereof in accordance with the provisions of Section 5 hereof
and th~ tnst~-~ctions which may be given him by the City Council
~ The City Council of the City of Denton deems it
advisable and hereby determines to proceed under and in the
exercise in the powers, tezm~s and provisions of Chapter 106,
Acts of the First Called 8esslon of the 40th Legislature of Texas,
(being, Art ll05b R C S ) and the provisions of the Charter of
the City of Denton
SECTION 5 The costs of said improvements shall be paid
as follows, to wit'
($) The City of Denton shall pay all of the cost of drainage
installations wherever located, all of the cost of ex-
cavation, base preparation, base and surfacing within
street and alley intersections, thirty-three and one-
third percent (33 1/3%) of the cost of excavation, base
preparation, base and paving of a street surface thirty
feet in width, and one hundred percent (100%) of the
cost of excavation, base preparatioN, base and surfacing
for the excess width of paving any street surface over
thirty feet in width where said excess width is deemed
by the Director of Public Works...~ of t~he City of Denton
to adequately handle present and future traffic needs
(b) The remainder of the costs of such improvements shall
be assessed against the respective abutting properties
and the real and t~ue owners thereof in accordance with
the City Charter ar~ the Statutes of Texas herein re-
farted to Such assessments shall be made according
' to the "Front-Foot Rule", in proportion as the frontage
of each parcel of property is to the whole frontage
improved, unless the application of such rule would,
in the opinion of the City Council, in particular cases,
result in injustice ~ inequality, in which cases the
City C~ancil shall apportion and assess such costs in
such proportions as it may deem Just and equitable,
having lin view the special benefits in enhanced value
to be received by such parcels of property and the
owners thereof, the equities of such owners, and the
adjustment of such apportionment so as to produce a
substantial equality of benefits received and burdens
imposed No assessment shall be made against any
abutting property or the real and true owners thereof
for costs in excess of the benefits to such property
in enhanced value thereof by means of such improvements
(c) The several sums above mentioned and assessed against
said parcels of property and the owners thereof and
interest thereon at the rate of eight per centum (8%)
per annum on the initially deferred balance, together
with reasonable attorneys' fees and costs of collections
if incurred, are hereby declared to be and are made a
lien upon the respective parcels of property against
which the same are assessed, and a personal liability
and charge against the real and true owners of such
property, whether such owner be named herein or not,
and the said liens shall be and constitute the first
enforceable lien and claim against the property on
which such assessments are levied, and shall be a first
and paramount lien thereon, superior to all other liens
and claims except state, county, school district and
city ad valorem taxes
(d) (1) The sums so assessed against the abutting property
and the owners thereof, shall become due and pay-
able as follows, to wit, in thirty-six (36) equal
installments, the first payable on or before thirty
(30) days from the completion and acceptance of
the improvements of the Unit upon which the property
abuts, and one (1) each month thereafter until the
total amount is paid, deferred payments shall bear
interest from the date of such completion and
acceptance at the rate of eight per centum (8%)
per annum on the initially deferred balance, payable
monthly with each installment, so that upon the
completion and acceptance of the improvements in
a particular Unit, assessments against such com-
pleted and accepted Unit shall become due and
payable in such installments, and with interest
from the date of such completion and acceptance
(2) Provided, however, that any owner shall have the
right to pay the entire assessment, or any in-
stallment thereof, before maturity, by payment of
principal and accrued interest, and further pro-
vided that if default shall be made in the payment
of any installment o£ principal or interest promptly
as same matures, then the entire amount of the
assessment upon which such default is made shall,
at the option of the City of Denton, or its assigns,
be and become immediately due and payable, and shall
be collectable, together with reasonable attorneys'
fees and costs of collection, if incurred
(e) The assessed portion of the cost of such improvements
may be further secured by Mechanic,s Liens to be executed
in favor of the City of Denton, but Certificates of
Special Assessment shall be issued in favor of the City
of Denton, whether the owners have executed such Mechanic,s
Liens or not
(f) The City of Denton shall pay for the aforesaid work
on the various Street Units on monthly estimates as
the work p~og~esses, ten percent (10%) of the amount
due by the City of Denton on each such estimate being
retained by the Czty until completion and acceptance
of the work involved in the Street Unit on which the
estimates are submitted
SEQTION 6 The oonst~uction and installation of the im-
provements herein o~de~ed i~ each Street U~it he~ei~ designate~
an8 8esc~ibe~ shall be separate ~d independent of the const~ction
and installation of such i~ovements in each an8 every other
Street Unit ~e assessments to be levied fo~ the i~ovemests
in each ~St~eet ~ntt shall be sep~ate an8 distinct f~om the
assessments to be levie~ i~ every other Street Unit, an8 in m~ing
a~ levying assessments against p~oper~ fo~ the improvements in
one Unit, no material o~ substance i~ con~ection with a~y othe~
Unit shall be co~side~ed, ~1 as fully an8 to the s~e extent
as if sep~ate contracts were execute8 a~8 separate p~oceedings had
with PeFe~ence to each such Street Unit or portion of street
~CTIGN ~ ~e City Sec~eta~ is hereby 8i~ected to cause
to be p~ep~ed a Notice of E~actme~t of this ordin~ce a~8 to
file sai~ Notice with the C~nty Clerk of Denton County, Texas,
in the Dee~ of T~st Records of Deoton County, Texas
SE~I~N 8. ~ls o~din~ce shall be effective i~e~iately
upo~ its passage
P~D ~ APPRO~ this 9th day of Feb~a~y, A D 1960
City of Dentes, Texas
City of Denton, ~xa~
THE STA~E O~ TEXAS : ,
NOTICE OF A~SS~ PROCEEDINGS ~D LIEN
UPON ~U~EG PROPER~
~Notice is hereby given that the City Council of the City
of Denton, Texas, by Ordinance No 60-05, dated February 9,
1960, has determined the ~necessity for and ordered the improve-
ment lof the following public streets in said City, to wit
ST RES T FROM TO
Anna~ Street end of old pavement beginning of new pave-
North of Crescent merit 252' North
Street
Avenue C North line of Hickory South line of Oak Street
Street
Avenue C South line of Maple North line of Eagle
Street Drive
Avenue C end of pavement South Highway 35E frontal
Road
Avenue D North line of North South line of Eagle
frontal Road Highway Drive
35E
Avenue E North line Maple South line of Highland
Street Street
Bradtshaw Street North lihe of East paved portion of Bradshaw
McKinney Street Street
Bryan Street West 1/2~ width - South line of Egan
North line Congress Street
Avenue
Cordell Street East line of Ector paved portion of Cordell
Street -~East
CreScent Street North edge of new East line of Coit Street
~ bridge
Ector Street South pavement line paved portion of Ector
of Highway 2h South Street
Pul~on Street South line Panhandle South edge concrete
North culvert
Highway 377 South line Maple North line Lindsey
, Street Street
Houston Place end of pavement East East line Bradley Street
of Thomas Street with intersection work
on Bradley Street
Linden Drive end of pavement East end of pavement West of
of Ector Street Ector Street
STREET FROM TO
NorthlLocust North end of pavement South line Linden
Street Drive
Malone Street South line Crow Street South line Linden
Dr ive
Malone Street South line Linden South pavement line
Drive Highway 2~
West ~rairie West llne of Avenue D edge of pavement
Street West,
And such ordinance further provides that a portion of the
cost of such improvements is to be specially assessed as a lien
upon the properties abutting thereon
Cone this 10th day of February, A D 1960, pursuant to
authorization of the City Council of the City of Denton, Texas
CIT~ OF DENTON, TEXAS
CI~I ~CHE'£ARY
THE STA~ OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared Wy D. Buttrill, known to me to be the person whose name
is ~ubscribed to the foregoing instrument, and acknowledged to
me tha$ he executed the same as the act and deed of the City of
Dem~ TeXas, for the purposes and consideration therein ex-
p~,e~e~, and in the capacity therein stated
~VEN~UNDER MY HA~ ~D SEAL 0F OFFICE on the 10th day or
~~, A.D 1960
Nota~ P~blic in and for
%~' Denton County, Texas