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
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