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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