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1962-013 PAVING Im ROVE mNT ~E CITY ~RTER A~ C~PTER 106 OF ~E ACTS OF THE FIRST ~ SESSION OF T~ 40TH LEGIS~RE OF TE~S, (ART l105b R C S ), DETE~NG T~T A PART OF THE COSTS S~L BE ~E BY T~ CI~ A~ T~T A PART S~L BE ~ BY THE ABUTTING PROPERTIES A~ THE OW~RS THE~OF, PROVIDING FOR T~ ASSESS~NT OF THE PORTION OF T~ COSTS ~ BE BO~E BY PROPER~ OW~RS AND FOR ~E FI~NG OF A LIEN ~ SECU~ PAINT OF SU~ ASSESS~NTS, S~TING THE TI~ ~ ~ER PROPOSED FOR PA~ENT OF ALL SUCH ~STS, DI~CTING THE CI~ SECRETARY TO ~USE A NOTICE OF ~E E~CT~NT OF THIS O~I~NCE TO BE FILED IN ~E MORT~GE OR DEED OF TRUST RECO~S OF DENON COUNTY, TE~S, A~ DEWING AN EFFECTI~ DATE THE ~OUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That a necessity exists for the permanent improvement of those uertaln portions of public streets hereinafter listed, by ex- cavating, grading and paving the same, by the installation of draxnage facilities therein and by the 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 xmproved bemng designated and defined by street un~ts as follows STREET STREET FROM- TO UNIT NO 1 Eagle Drlve the West right-of-way the East r~ght-of-way , lzne of Locust Street line of Avenue D 2 Blount Street the South Right-of-way the North right-of-way llne of Oak Street line of Hickory Street 3 Malone Street the South r~ght-of-way the North right-of-way line of Crow Street line of Scripture Street SECTIQN 2 That each of said street units shall be pavedwlth the following type of pavement- Eagle Drive and Elount Street - 2" hot mix asphaltic concrete, on 8" of stabilized flexible base material and 6" of stabilized subgrade F~lone Street - 2" hot mix asphaltic concrete on 6" of stabilized flexible base material and 6" of stabi- lized subgrade Streets shall be paved from curb to curb, "Roll Type" curbs and gutters shall be constructed where the City Engineer of the City of Denton determines that adequate curbs and gutters do not exist, and necessary drainage facilities shall be installed The specifications for all such improvements, heretofore prepared by the City Engineer of the Cl~y of Denton, and now on f~le with the City Council are hereby in all things approved SECTION 3 The C~ty Manager is hereby authorized and d~rected to advertise for bids for the improvement work herein described The advertising, receiving and opening of such b~ds to be as provided by the Charter of the City of Denton and the laws of the State of Texas Upon the receipt and opening of the bids for such improvement work, the City Engineer of the City of Denton is hereby directed to prepare and file with the C~ty Council his estimate of the total costs of the improvements here~n ordered, and the total amount of the costs thereof to be paid by the City of Denton and by the abutting properties and the owner,s thereof in accordance with the provisions of Section 5 hereof and the ~nstru~tlons which may be g~ven him by the City Council SECTION 4 The City Council of the City of Denton deems it ad- visable and hereby determines to proceed under and tn the exercise in the powers, terms and provisions of Chapter 106, Acts of the First Called Session of the 40th Legislature of Texas, (being Art l105b R C S.) and the provisions of the Charter of the City of Denton SECTIgN 5 The costs of said improvements shall be paid as follows, to wit- (a) The City of Denton shall pay all of the cost of drainage lnstallatlons wherever located, all of the cost of exca- vation, base preparation, base and surfacing within street and alley intersections, thirty-three and one-third per cent (33 1/3%) of the cost of excavation, base preparation, base and paving of a street surface thirty feet in width, and one hundred per cent (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 sa~d excess width is deemed by the City Engineer of the 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 true owners thereof in accordance with the City Charter and the Statutes of Texas herein referred to Such assessments shall he 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 or inequal- ity, in which cases the City Council shall apportion and assess such costs in such proportions as it may deem 3ust and equitable, having in view the special benefits in en- hanced 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 Zmposed No assessment shall be made against any abutting property or the real and true owners thereof for costs ~n excess of the benefits to such property ~n enhanced value thereof by means of such ~mprovements (c) The several sums above mentioned and assessed against sa~d parcels of property and the owners thereof and ~nterest thereon at the rate of e~ght per centum (8%) per annum on the initially deferred balance, together wlth reasonable attorneys' fees and costs of collections if incurred, are hereby declared to be and are made a l~en upon the respec- tive paroels of property against which the same are assessed, and a personal llab~llty and charge against the real and true owners of such property, whether such owner be named here~n or not, and the sa~d liens shall be and constitute the first enforceable l~en and claim against the property on whlch such assessments are lev~ed, and shall be a first and paramount l~en thereon, superior to all other l~ens and claims except state, county, school d~strlct and c~ty ad valore~ taxes (d) (1) The sums so assessed against the abuttzng property and the owners thereof, shall become due and payable as follows, to wzt, an th~rty-slx (36) equal znstall- ments, the f~rst payable on or before thzrty (30) days from the completion and acceptance of the im- provements of the Unit upon which the property abuts, and one (1) each month thereafter untzl the total amount ls pa~d, deferred payments shall bear znterest from the date of such completzon and acceptance at the rate of eight per centum (8%) per annum on the ~n~tzally deferred balance, payable monthly wzth each ~nstallment, so that upon the completion and acceptance of the improvements in a particular Un~t, assessments against such completed and accepted Unit shall become due and payable ~n such installments, and wlth ~nterest 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 installment thereof, before maturlty, by payment of pr~nclpal and accrued interest, and further provided that if default shall be made in the payment of any ~nstallment of principal or ~nterest promptly as same matures, then the entire amount of the assessment upon which such default ~s made shall, at the option of the C~ty of Denton, or its assigns, be and become immediately due and l~yable, and shall be collectable, together w~th reasonable attorneys' fees and costs of collection, if incurred (e) The assessed port~on of the cost of such ~mprovements may be further secured by Mechanic's L~ens to be executed ~n favor of the C~ty of Denton, but Certificates of Special Assessment shall be lssued ~n favor of the C~ty of Denton, whether the owners have executed such Mechanlc's Liens or not (f) The City of Denton shall pay for the aforesaid work on the various Street Un~ts on monthly estimates as the work progresses, ten per cent (10%) of the amount due by the City of Denton on each such estimate being retained by the C~ty until completion and acceptance of the work ~nvolved ~n the Street Unit on which the estimates are submltted SECTION 6 , The construction and ~nstatlat~on of the improvements herein orldered ~n each Street Unlt hereln designated and described shall be separate and ~ndependent of the constructlon and ~nstallatlon of such ~mprovem~nts in each and every other Street Unit The assessments to be levied for the improvements in each Street Unit shall be separate and distinct from the assessments to be levied an every other Street Unit, and an making and levying assessments against property for the improve- ments an one Unit, no material or substance an connection with any other Unit shall be considered, all as fully and to the same extent as if separate contracts were executed and separate proceedings had with re- ference to each such Street Unit or portion of street SECTION 7 The City Secretary Ks hereby directed to cause to be prepared a Notice of Enactment of this ordinance and to file said Notice with the County Clerk of Denton County, Texas, an the Deed of Trust Records of Denton County, Texas SECTION 8 This ordinance shall be effective immedIately upon its passage PASSED AED APPROVED this ? ~%day of April, A D 1962 Mayo~ City of Denton, Texas ~{gfof D~nton, Texas %1% AttOrney C~ty of ~ ¢.~ ~ ~ Y t ?~ fore~Ojl~g ~rumexlt of W~ ...... , n and for ~eld ..... -- -- - ~tu~ ot Denton C0un~ Te~~