Loading...
1962-019 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF DENTON, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO EPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND T~E REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS A~D OBJECTIONS OFFERED, FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESS- MENTS AND CERTIFICATES, DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The City Council of the City of Denton, Texas, finds- (a) That the City Council of the City of Denton, Texas, has heretofore by Ordinance No 62-13 duly enacted on April 24, 1962, determined the necessity for, and ordered the improvement of portions of Eagle Drive and sundry other streets in the City of Denton, Texas, within the limits therein defined, and in the manner and according to the plans and specifications therefor, which plans and specifications have heretofore been approved and adopted by said City Council. (b) Tk~t a notice duly executed in the name of the City of Denton, Texas, of the enactment of said above described ordinance has heretofore been filed with the County Clerk of Denton County, Texas, the County in which said City of Denton is situated. (c) That said City Council after having advertised for bids in the manner as required by law and by the Charter of said City, did award the contract for the construction of said improve- ments to Public Construction Company, upon its lowest and best bid therefor and said contract, which is dated , 1962, has been executed by said Public Construction Co~pany and by the City of Denton, and the per- formance bond required by law and by said con- tract has been properly furnished by the said Public Construction Company (d) That the City Council caused the Director of Public Works to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting each of said streets within the limits defined, and against the real and true owners thereof. (e) That upon the filing of said estimates the City Council did by ordinance duly enacted on , 1962, provide for and order a hearing to be held at 10 00 o'clock A.M. on the 28th day of June, 1962, in the Auditorium of the Municipal Building of Denton, Texas, at which time and place all persons, firms, corporations and estates owning or claiming any such abutting property, or any interest therein, and their agents and attorneys, and all other persons interested therein, were to appear and be heard in person or by counsel, and such ordinance directed the City Manager to give due notice of such hearing in the manner required by law (f) That after due publication of notice as re- ~uired by law, and on the 28th day of June, 1962, at 10 00 A.M , said hearing was opened and held in accordance w~th said Ordinance and Notice, at which time and place an opportunity was given to all of the above mentioned parties and agents and attorneys to be heard and to offer evidence as to all matters in accordance with said Ordinance and Notice, at which time the following appeared and testified as follows (1) Earl Coleman, representing an undisclosed group of property owners, asked several ~uestions concerning the assessment program which he indicated were not fully under- stood by his clients Mr Coleman presented no evidence in opposition to the assessments proposed to be lev~ed against his clients and stated that his appearance was solely for the purpose of clarifying the aforesaid ~uestions~o that he might more properly advise his clients with regard to the assessment program. (2) Joseph Normile, 1803 Eagle Drive, ~ues- tioned the necessity of providing a street 45 feet in width and stated his opposition to such width on the grounds that such width would require the cutting of virtually every tree on the street. Mr Normile further stated that he did not desire the proposed improvements and stated that he thought the City of Denton should pay for such improve~ents if same are desired by the City. Mr Normile further stated that he thought the present pavement was in- stalled as permanent pavement and that he felt the property owners should not be re- quired to pay an additional amount to re- plac~ the present pavement, and in this connection, Mr Normile referred to the repaying and widening of Bell Avenue in which project the abutting property owners were not required to participate in the cost of the improvements (3) Bill Watkins answered present when his name was called and infomed the councll that he did not desire to make a statement (4) C.A. Hogan, 901 Avenue C, stated that he was appearing in support of the assessment program and that although he would lose several trees under the proposed plan fo~ a 45 foot street, he felt that some sacri- fice by the abutting property owners was inevitable in a project of this nature and that he wished to urge the Council to pro- ceed with the program. (5) Sally Simpson, 1514 Eagle Drive, protested the proposed improvements of Eagle Drive on the assessment basis for the reason that abutting property owners on Bell Avenue were not likewise assessed, and in this connection, Mrs. Simpson pointed out that both Eagle Drive and Bell Avenue were re- ported and recommended in the Master Plan as thoroughfares and that she could see no logical basis for a difference in treat- ment of the abutting property owners with regard to existing pavement Mrs. Simpson also ~uestioned the right of the City of Denton, to construct a street 45 feet in width because there was not suff~cient right of way for such construction without encroaching upon the property of the abutting owners. (6) ~., F. Ballard was called as a witness by the Mayor in response to the ~uestions raised by Mr. Normile and Mrs. Simpson, and in answer to ~uestions propounded by the City Attorney, gave the following testimony= That he had been a licensed Land Surveyor for more than thirty years, that he had been employed by the City of Denton, Texas, to make a property line survey of the properties abutting u~On Eagle Drive in order to determine the available right of way for the construc- tion of a street 45 feet in width, that in making such survey he had ma~e actual ground measurements and had checked the deed records for each of the abutting properties in making such survey, that he had prepared a right of way map of the proposed improvements of Eagle Drive which he offered in evidence and which was accepted by the Mayor in evidence, that he found in each and every case that the proposed improvements of Eagle Drive to a width of 45 feet would not encroach upon the private property of any property owner. (7} Mrs. Don J. Portman, who owns property at 1814 Eagle Drive, but who resides in Dallas, Texas, protested the proposed construction of Eagle Drive to a width of 45 feet and to the assessment program in general. Mrs. Portman stated her contention that the proposed width would take private property and would require the removal of trees on private property (8) Joe Normile, Sally Simpson and Mrs Millchamp, 1316 Eagle Drive, all inquired as to the method of determination of the private pro- petty line along Eagle~ Drive Upon inquiry to the City Attorney, eac~ of the aforesaid property owners was assured by the City Attorney that if a final determination re- vealed an encroachment upon any private property, such property owner would be en- titled to and would receive compensation for such encroachment. (9) ~,. B. Flana~an, 1808 Eagle Drive, stated that he was for the improvement of Eagle Drive, but protested and ~uestioned the necessity for 4-lane traffic (10) J. E B~rnes, 529 Malone, stated that he has been in favor of the installation of curb and gutter for the 25 years that he has resided on Malone Street, that he protested the paving of Malone Street until same could be done properly, but that not- withstanding such protest Malone Street was paved anyway and since the present paving was installed under these circum- stances he felt that the abutting property owners should receive full credit for exiwting paving without additional assess- ment. (11) .Orval Hall, 705 Malone, pointed out what he considered were defects in the under- ground drainage system on Malone Street, and protested the widening of Malone Street to thoroughfare width for safety reasons. Mr. Hall further protested the lack of credit for existing paving against the entire assessment of abutting property owners. (12) James Enoch, 1628 Egan, stated that he understoo~ when Malone Street was paved in 1949 that such pavement was permanent and the best that was being installed by the City of Denton in any section of the city at that time Mr Enoch stated that under these circumstances a reassessment for permanent pavement according to present- day standards was unfair where the entire credit for the existing pavement was not allowed to ~he abutting property owners. (13} Orval Hall, 705 Malone, re-appeared on behalf of Lizzie Huffines and protested the proposed width of Malone Street and the fact that the abutting property owners were not receiving full credit for existing pavement (14) City Engineer Conrad Callicoatte testified that he was personally familiar with each and every street unit in the assessment program from Unit 1 to, and including, Unit 3, and that he was personally familiar with the real estate values of the pro- perties abutting upon the streets in each of the aforesaid street units. Callicoatte further testified that, based upon this knowledge, it was his opinion that the benefits to be derived from the improvements to be constructed in every case exceeded the cost to he assessed against the abutting property owners, and that being personally familiar with each of the properties abutting upon the streets in Unit Nos 1 to, and including, Unit 3, he knew of no property which would not be benefited in value greater than the amount proposed to be assessed under his breakdown of costs of the aforesaid program The Mayor then asked if there were any other parties present who desired to be heard on any matter in connection with the improvements under consideration, but there being no other persons present who wished to be heard at such hearing, the Council by motion aeclared the hearing closed and directed the City Attorney to prepare an ordinance incorporating the findings of the Council hereinafter set out (g) That the City Council has heard all parties who appeared and desired to testify, object or protest as to the special benefits in enhanced value to accrue to said abutting property and the real and true owners thereof as compared with the portion of the cost of constructing said improvements proposed to be assessed against said abutting property, and has heard all parties appearing and offering testimony, together with all objections and protests relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings and contract for said im- provements, and has given a full and fair hearing of all parties making or desiring to make any such protest or objection or to offer testimony, and has fully examined and considered all of said evidence, matters, testimony and objections offered. (h} That said City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all pro- ceedings and contracts were proper and in accordance with the laws under which same are being had and with the directives of said City Council in reference to such improvements, and that all of same are in all respects valid and regular. (l) That based on the evidence, matters, testimony and ob3ections considered at such hearing the said City Council has determined that the properties, and each and every parcel of such property abutting upon the streets and Units as hereinafter set out, will be enhanced in value and specially benefited by the construc- tion of such improvements in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of said parcels of property, abutting upon said streets, and the real and true owners thereof (j) That said City Council has adopted the Front Foot Plan or Rule of apportionment and division of the costs of said unprovements between said abutting properties and the real and true owners thereof herein set forth and has found the same to be just and e~luitable and to pro- duce substantial e~uality considering the benefits to be received and the burdens im- posed thereby, the said City Council has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the real and true owners thereof are just and e~uitable, and that all objections and protests should be overruled and denied SECTION 2 There being no further protests or testi- mony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of properties abutting upon said streets or Units within the limits herein defined, and to all per- sons, firms, corporations and estates, ~wning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and ob3ect~ons whether specifically mentioned or not, shall be, and the same are hereby overruled and denied SECTION 3. The City Council hereby finds and deter- manes upon the evidence heard in reference to each and every parcel of property abutting upon the streets and Units hereinafter set out that the enhancement an value to accrue tO said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said streets, will be in excess of the amount of the costs of said improvements proposed to be, and herein assessed against said abutting properties and the real and true owners thereof, and finds that the apportionment of the costs of said improvements and the assessments herein- below made are just and e~uitable and produce substantial e~uality, considering the benefits received and the bur- dens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of said City, and further finds that all proceedings and contracts hereto- fore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequi- sites to the fixing of the assessment liens against said abutting properties, as hereinafter, and the personal lia- bility of the real and true owners thereof, whether named or correctly named hereln or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said City Council. SECTION 4. In pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improve- ment of said streets and units, including the said por- tions of streets and Units hereinbelow set out, which Ordinance was passed, as aforesaid, on April 24, 1962, amd in pursuance of said proceedings heretofore had amd enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, W~th particular reference to chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article l105-b Vernon's Annotated Civil Statutes of Texas, as amended, and as adopted by Section 9 08 of the Charter of the City of Denton, Texas, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon the said streets and Un~ts hereinafter set Out and within the limits below defined and against the real and true owners of such property whether such real and true owners be named, or correctly named, or said properties be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the description of such pro- perty, the number of front feet of each, and the several amounts assessed against the same and the real and true owners thereof, (and where the amount so assessed against the corner properties has been computed by ad3usting the frontage, such amount so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of frontage used as an adjusted basis for the assessment), an~ the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to wit- ....................$~8,~.00 290' ~ mpc ~82h.7~................*.....***..*..."""""""*'"'"" 7~177.~0 8~0~ P~pe ~ $~1.~0.......................................".""" 18~0~0.~ 208~ 36" ~ ~ ~11'00.*~*'~'*'''''''''*'*''~'''*"*"**~"~**~**"~e~'e 22~880.00 917.00 131' 24" ~pe ffi $ 7.00.******~*...**..*..'"" 236~ 1~" ~pe ~ $ ~.~O.~..~.~e.*..~*.***....*..*'""""*'*"**'~'*"'''* 1~2~8.00 3~ 27" x h3" ~pe A~oh 1~ 10~ (foot) Inlet box ~ ~7~.O0......................-*...*....e ~,700.00 1~ ~' (foot) Inlet box ffi $32~.00.......... ....... . ........... 4~87~.00 93' Removal of Curb a~ ~.~ ~. ~. ~o,,~, ~ · $~o.oo o~. ~....... ...... . .....ZZiZ ~.oo 67~ sq. ~d. Valley ~ter 3~460 sq. 2d. ~paration a~ Compaction of Subgrade ~ .30~.......... 10~638.00 4~0 ~ns ~ime in s~b~ade ~ $2~.00....... ........................ ~,2~0.00 50 cu. Fds~ ~tra extra,on ~ .8~.................*.*..........*.* ~.~0 516 sq. 2d. Concrete 8~b ~ $%.O0.....e.e........*.*....'..e.*.....- 2~0.00 2~0.00 2 CU. 2d. ~tai~ng Wall ~ ~.00 .............................e... 7~.~ 10 sq. 2de Concrete ~p 1~000 lbs. Extra steel ~ ~NIT NOe $~ET P~O]ER~ OW~P~ .~HA~ C~IT CI~8 O~b & ~t%er-Pa~ng 1 ~g~ D~i~ $12,171.72 $21,316.23 $2621.74 $~9,298.6~ $~0,164.86 2 ~ S~e$. 1,863.OO 3,21%.40 483.~ 9,266.~8 ~,861.98 3 ~1~ Street 378.~ 6~,40 98,00 4,267.O9 CI~ ~ D~N. ~ST O O O 17~,2h 179,154.24 ~ $~,~2~72 $ 2~,184,03 $3202.74 $2~1,986.%6 $288,380.~7 t~IT NO. 1 Eagle Drive from the West Line of Locust Street to the East Line of Ave. D Paving and O~rbsnd Gutter LOT SX~E P~OPE~T~ OWneR CURB & GUTTER PAVING Credit TOTAL COST Footage - Cost Footage - Cost for exi- sting 5.1 357 O. H, ~indsey 108' $145.80 108, $ 251.64 ~7.80 $ 359.64 107 5 357 ~m ~eyewa 60~ 81.00 60~ 139,80 21.00 199,80 Box 6384 ET St,, ? 356 J.L. ~ira~ings 105' 141.75 105' 244.65 36.75 349°65 Pilot Point 5-6 356 ,E,T. Sanders 105, 141.75 105, 244.~5 36.75 349.65 ,Box 457 , Lewisvill~ Tez 20 342 J.H. Heley 150, 202.50 150, 349.50 52.50 499.50 'ISO~ Eolivar 19 342 Clifton Allred 50' 67.50 50' 116.50 17.50 166 50 1010 Eagle Drive 18.1 342 ,C, H. Llr~se~ 50' 67.50 50' 116.50 17.50 166.50 lo8 ~ 18 342 IA~Bre~ E, Harlow 50' 67.59 50' 116.50 17.50 166,50 100~ Eagle Drive 17 342 W.D. Ga,ton 100, 13~.00 100, 233.O0 35.00 333.OO Rt. 1 15-16 342 'De B. Hoke~% 200' 270.00 S00' 466.00 70.00 666.00 I~1.0 Ea~le 13-14 $42 Ceoil Ao ~ln~ 200, 270.00 2oo~ 466.00 70.o0 666.00 E~ng Radio 1 334 Lo~e Star Oas 335~ 452.25 335' 780.55 1~232o80 '408 Eagle Drive 1~ ~2I~O.55 1593' $3711.69 $440.S0 Umit No. 1 Page 2 Eagle Drive from the West Line of Locust Street ~o the East Line of Ave. D Paving and Ourb and Gutter LOT BLOCK PROPEEI~ OWNER CURB & GUTTER PAViNG CREDIT TGTAL OOST Footage-Coat Footage - Cost for exi- sting ,ort s ' ' ..... ide-iv~, l-to LOcust ~t, 9.1 318 Billy ~a2 l~cXee 70' ~4.50 /0' $ 163.10 $ 24.50 $ 233.10 406 Eagle Drive 9 318 G.W. Frank 70' 94.50 70' 163.10 24.50 233.10 402 Eagle Drive 11 317 D. B, Boyd 112 151.20 112' 260.96 39.20 372.96 ait 10 317 ~onk Clearman 100' 135.00 100' 233.00 35.00 333.00 City 9 317 Termie Rickatt 168, 226.80 168, 391.44 58.80 559.44 820 Y~ rtl, 7 309 Earl Inman 70' 94.50 70' 163.10 24.50 233.10 622 Bolivar 6 309 J. fl. Brisco 103,2, 139.32 103.2, 240.46 36.12 343.65 820 S. Elm South Side Ave A to Locust 1 355 W.R. Campbell 148.5' 200.47 148.5' 346.01 51.98 494.50 '903 Ave A 2 355 B.R. Rainey 66, 89.10 66, 153.78 23.10 219.78 1115 Eagle Drive 3-4 355 If. E. Forester 215' 290.25 215' 500.95 75.25 715.95 Box 1054 1 334 ~y Plagenes 107.12' 144.61 107.12' 249.59 37.49 356.71 271g Ragsdale-Dallae 2-3 3~ ,J. 1~,, Eadden 215' 290.25 215' 500.95 75.25 715.95 .Bc~c 384 1,444.82' $2950.50 1,444.82'$3366.4~ $505.69 $4811.24 Unit No. 1 Page 3 Eagle Drive from the West Line of Locust Street to the E~st Line of Ave. D Paving and Curb and Gutter LOT BLOCK P~0PERT~ OWNER CURB & GUTTER PAV1NG C~DIT TOTAL 00ST Footage-Cost Footage~Co st for exis- , ting pav- ing. Si e-Ave. A to ocust St. 1 343 Billy Ge Chandler 54.5 $7~.56 54.~ $126.99 $ 19,08 $181.48 923 Eagle Drive 2 343 Wo De Gaston 53' 71.55 53" 123.49 18.55 176.49 Rto 1 3 343 Fred Hansel 53" 71.55 5~" 123.~9 ~8.55 176.49 915 Eagle 4 343 J. ?,, Jones 138' 186.30 ~38~ 321.54 48.~O 459.54 ~09 Eagle Drive 5 343 Jo To Jones 128e5' 173.48 128o5~ 299.41 4~ ,98 427o91 909 Eagle Drive IO 316 University City 832' 1~123.20 8~2' 1~938.56 70.O0 2~991.76 39 316 Mary Ellison 58 ' 78.~O 58 ~ 135o14 20.30 193.~.~, 521 Eagle Drive 38 316 ~Mary Keleo & 58' 78.30 58' 135o14 20.30 193.14 James Theppin 36-37 316 C. Ao Butler 116.5~ 157.28 116.5' 271.45 40.78 387.95 501 Eagle Drive 12 316 James ~cGouh 116' 156.60 116' 2~ 0.28 ~O.60 386.28 419 Eagle Drive 11 316 Susie Gray 58' 78 · ~0 58 ~ 135.14 20.30 193o14 415 Eagle Drive 1 316 Roy Gray ar. 58' 78 JO 58~ 135.14 20.30 193.14 415 Eagle Drive 2 316 Joseph Normile 209' 282o15 209' 486.97 73.15 695.9~F 1803 Eagle Drive 1932e5' $2608.87 1932o5'$4502.74 $455.19 $6656.43 Ea~le Drive from the We~ ldne o~ L~ou~t ~eet ~o ~e E~t L re al A~. D Paving aild ~lr~ an l G~ h t~ LOT BLOCK PHOPEF2Y OWNER CURB ~ GOTTA~t PAVING btdJJlT TOTAL COST Footage-Cc ~t ~ cotage- Cos~ for exia~ t rang . pav~ ng S~u~ ~ide-Ave A to Locust St. 3 316 R.C. Moneyham 367g $ t~.4b Jt~/~ $ 855.11 321 Eagle Drive 1 310 ~r~n C~lver b 50, 67. ~'O 5o~ ~16.50 17.50 166.50 227 Eagle Drive 2-3 310 ~ V, H~t 93~ 12~.5~ ~ ~1o.69 32.5~ 309,69 Box 1221 South ~ide A~ A to Ave D I 373 Mrs. Ma~ ~les 16~.13~ 224.28 166.~ 387.O8 58.15 90~ A~ A 10 373 Sorrel Boyd 166.1~ 224.~ lb~.lJ' ~87006 58.~ 553.~ 903 1 373A J. P S~ons 166.12~ 224.26 166012~ 387e06 58.~ 553.18 900 McOo~ck Nora w ~t~ns 166' 224 10 ~66~ ~86.78 ~8.10 552.78 901 Ave. B 3 378A mBill F. War,ns 75~ 10~.25 75~ 174075 26.25 249.75 105 Ave. A 2 378A .George ~pp 78~ IO~.~o 78~ 181.74 27.30 259e 74 ~1505 Eagle Drive 1 378A Bert T. Murky 65' 87.75 65' 151.45 22.75 216.45 1511 Eagle D~ve 31 378 Sam B. Colder 80~ 108.OO 80~ 186.40 0 294.40 2635 Wilton Ave~las 30 378 ~ar~ Bird T~lor 75' 101.25 75~ 174e75 0 27o.00 1~9 Eagle D~ ~e Tctal..ee 1~7~3~' $2088.95 1~7.37' $3605.37 $48~35$5206.99 Unit NoA 1 Page 5 Eagle Drive from the West Line of Locust ~treet to the East Line of Ave. D Paving and Curb and G~tter 1~ ~1~ Pl~p~,l~f OWNER 61A~B & OUTER pAVING O~DIT TOTAL COST Footage . Oost Footage . 0os% for exis- ting pav- ~uth 8ids . Ave A to ~v~e ~ '. ' ....... 29 378 I Oharles A, Bogan 177' $ 238,95 177' $ 412,41 $ 0 901 Ave O ! 394 J. Le Powsll 131' 176.85 131, 305.23 4~e85 436.~3 90~ Ave, 0 8 394 ?e O*, B;n,~an ~1~;' 195,75 145' 337,85 50.75 482,85 9 394 Joseph L. Normile 0 132,~, 308e73 46.38 1803 Eagle Drive 14 394 J. ~. Williams 131' 176e8~ 131' 305.23 45,85 ~36.23 Peoan Park Ser~ Cents 1807 Co~al . ~North 8ids Ave. A to Ave. D 12ol 372 'Norm Has Vanno2 140' 189.00 140' 326e20 49,00 ~66.20 808 Aves A 12e2 372 Jas, W~aBessie A, ~0' 67,50 50' 116e50 17e50 166,50 :L,308 Eagle Drive Of ~A, Parrot Box 998 - Th~c~orton 14,1 372 A. De Adams CO, 67.50 50' 116.5o 17,~O 166.5o 14 372 Elizabeth Nillchamp 140~ 189.00 14o~ 326,20 49,00 466,20 1~16 Eagle Drive 15 372 B~2OM. ~OCol~io k 60' 81.00 60' 139.80 21.00 199e80 Eagle D~ive 16 372 Paul Jamison 60~ 81.00 60, 139.80 21.00 199.80 1330 EagXe Drive 17.1 37~ Bob ~ist~mn 72' 97,20 72' 167.76 25.20 239.76 1410 ~agle Drive Unit No. 1 Page 6 Eagle Drive from the West Line of Locust Street to ~he East Line of Ave. D Paving and Curb and Gutter ~OT BLO~ P~OPERTY OWNER CUR~ & GUTTER PAVING CREDIT TOTAL COST Footage - Cost Foota?e - Cost for exis- ting paw ing ~er~ ~de - Ave. A t~ Ave. D 17 372 Velma Gradys Zewer 78' $105.30 78~ $181.74 $ 27.30 $ 259.?4 1418 Eagle Drive 7.3 379 Ralph D. Eberly 80' 108.00 80' 186 ~O 28.00 266.40 820 Aveo B 7.2 379 Riley E. Baker 80' 108.00 80' 186.40 28.00 266.40 1508 Eagle Drive 8 379 Sall~ Simp,on 60' 81.00 60~ 139.80 21.00 199.80 ~18 N~r tls 9 379 Far.ed Hassen 150, 202.50 150' 349.50 8.75 543.25 Haskell, Texas 10 379 ~. 1~. Davidson Est 234' 315.90 234' 545.22 861.12 Box 307~ Tesle~a~ Tex % Ada Droles~ 5.3 393 0. L. MeLe.d 117' 157.95 117' 272.61 40.95 389.61 C 5.1 393 Charles L. Johnson 60' 81.00 60' 139.80 21.00 199.80 1710 Eagle Dr. %.4 393 Georgia Leach 60, 81.00 60' 139.80 21.00 199.80 Box 5505 NT Sra. 6 393 BOnnie W. E~us 106.7' 144.O5 106.?' 248.61 37.35 355.31 1~14 Ea~le Drive 7.1 393 Den J. Portmm~ 56.7' 76.55 56.~, 132.11 19.85 188.81 10823 Dallas Sub. Total.... 784~4' $10~8.~ 784e~ $18~.65 $148.9~ $2?37.70 Unit No. 1 Page 7 · agle Drive from the West Line ef Locus% S~ree% to the East Line of Ave. D Paving an~ Curb an~ Gutber LOT BLOCK . PROPERTY OWNER CURB & GUTTER PAVING CHEDIT TOTAL COST Footage - Cost Footage~Cost for exis- ting pav- ing ~e~ Side Ave A %e Ave. D 7 393 G.B. ~lana~in 50' $ 67.50 50' $116.50 $ 17.50 $166.50 1808 Eagle Drive 8 393 Annie B. Sandridge 150' 202.50 150' 349.50 52.50 499 50 815 Ave. B Tetal.... 9017' $12171.72 9149'$21316.23 $2621.74 $30866.22 Uni~ No. 1 Eagle Drive UNIT QUANTITIES & AMOUNTS Curb & Gutter - 11,190' $ $1.45 per foo~..............e........................$16,225.50 ExcaVation -,29,747 Sqmare yar~e $ $,61 per square yard .... ................., 18,145.67 Base- 29,222 ~square yards $ $1.15 per square yard e.. .... .. · · ...o........e.e 33,605.30 Surface - 26,733 square yards @ $e83 p~r square yard ......... .........e.... 22,188.39 $9 ,164.86 PROPERTY OWNERS ~ Curb and Gutter - 9016.1' @ $1.35 per foet......,.......................~,.... $12,171.72 Paving - 9148.6 @ $2~33 per feo%~..~..~....~e..e............................,. 21,316.23 $3S,487.95 Less Credi%e..ee.... 2,621.74 Propert~ Owner Totale $30,866.21 CITYS Share of CeS~eee.........oo.e.oo.o....oooooo..........o..o........oo. $59,298.65 Unit No. 2 Page 1 Malone Stxee% From the North R.O We Line of Scripture to the South R.OoW. Line of Crow Street Paving and Curb and Gutter LOT BLOCK PNOPE~TI OWNER CURB & GUTT~.R PAVING CF~DIT TOTAL CO~T Footage Co~~ Foot, age ~ Cost for ex~s~ ting pav~ 3 4015 Anna Zorraine Hu~tie 60~ $ 81o00 60~ $1,39.80 $ 21o00 %1% Malone 2 4015 Hr.e John Wells 100~ 13%o00 100~ 233,00 35°00 333.00 ~21 Malone 1 401% J. E~ Barns 100~ 135o00 100~ 233.00 ~5.00 333°00 ~29 Malone 3~4 4016 Mrs. Jack Wllliams 100, 135.00 100~ 233.00 iS.00 333.00 1710 Sena 2 4016 E~Po Le Beau Jr. 1OO~ 135 CO 100~ 233.00 35.00 333°00 615 Malone 1°1 4016 %;. T. ThomSon 100~ 135,OO ]DO~ 233.O0 35.00 333°00 Box 1323 -Donna~ Tex 1~1.2 4016 Or~al Hall 100~ ~3%.OO 10~ 233oOO 35.00 333°00 79% Malone East Side , 3~4~5,6~4010 Medicaa B%dg. Inc. 300' 405.00 300~ 699.00 105°00 999°OO 10 4009 J. To Simpkins 12~ 168.75 !25~ 291.25 43°75 416o25 1620 Congress 1 4009 Ra2mond Ellis 12%~ 168o75 12~ 2gl°z5 43.75 416.25 1621 Egan 21 4007 James Enoch 14~' 195.75 145~ 337°85 50°?5 482°85 1628 Egan 1 4007 Lizzie ~uffines 2~ ~3.75 25~ 58.25 8.75 83 25 Total.,,. 1380, $1863,.00 1380~ $3215°40 $483.00 $4595.40 U~it No, 2 ~alone Street UNIT QUANTITIES & Curb & a~tte~ - 2000, ~ $1,45 pe~ fOOteeeee,*e..e.....,..e,,..........*...**..$2,900.~ ~cavation -,%095 eq~re ya~s ~ $.61 per squ~e yard .... ,,.-..**.,........ce. 3,107.95 Base - 4~93 sq~ ya~s ~ $ ,88 per sq~re ya~ .... ,. .... o,..oe..o.ooo,,.oooo 4,O41.84 Surf~e - 4593 sq~re yards * $ .83 per s~e yard....e.,.,.o.....e..oo ,~0 3~812e19 t t ~TAL $13,861o98 Curb a~ Gutter - ~8Ot ~ $1.35 per foot..,.,..o,o . ......e..e,....eeo..e.e $1~863000 Pa~ng 1380' ~$2o33 per foot.....oeoeo..o...o..eoo. ...... .o.....o........o . 3,215.40 Lass credi~e ee eeeeeee.e .... Proper~ ~ner To~l.,,. $4,~95,40 ~S Share of Oost.,.e....,......,.e.,..,.e....,..,,...,, ............... $9,266e58 Unit No. 3 Page 1 Blount Street from the 8outh LAne of Oak Street to the North Line of Hickory Street Paving and Curb and Gutter LOT BLOCK i~PERTY OWNER C~ & GUfTER PAVING CF~DIT TOTAL COST Footage - Cost Footage - Cost for exis I ting pav- ing East Side ..... ' ........ 1 120 Graham Mill& 140' $189.00 140' $326.20 $ 49.00 $ 466.20 Elevator Co. Denton, Texas 14 120 Richa~ A. ~arris 140' 189.00 140' 326.20 49.00 466.20 city To,al....., 280' $378.00 280' $652.40 $98.00 $932.40 Unit No. 3 Blount Street UNIT QUANTITIES & AMOUNTS Excavation - 1685 square yards · $ .61 per square yd..e.................,..... 1,027.85 Surfacing - 1503 Square yards @ $ .83 per square yard .....,.......-........e .1.,247.49 TOTAL $5,199.49 P~PERTY OWNERS SHAW -$1,o3o.40 Less Credit... 98.00 Property Owners Total.... $ 932.40 SECTION 5~ 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 SECTION ~ The sums so assessed against the abutting property and the owners thereof, shall become due and payable as follows, to wlt, an thirty-six (36) e~ual installments, the first payable on or before t~irty (30) days from the completion and acceptance of tee 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 ~nterest 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 im- provements in a particular Unit, assessments against such completed and accepted Unit shall become due and payable in such installments, end with interest from the date of such completion and acceptance SECTION 7 Provided, however, that any owner shall have the rl~t to pay the entire assessment, or any stallment thereof, before maturity, by payment of principal and accrued interest, and further provided that if default shall be made in the payment of any installment of prin- cipal 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 attorneysm fees and costs of collection, if incurred SECTION 8 That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof shall be enforced either by the sale of the said property by the Assessor and Collector of Taxes of the City of Denton as near as possible in the manner provided for the sale of property for non-payment of ad valorem taxes, or at the option of the said City of Denton the payment of the ,said sums shall be enforced by suit in any court having jurisdiction. SECTION 9,,~, That for the purpose of evidencing the several sums payable by said property owners and the time and terms of payment, and to aid in the ~nforcement thereof, assignable certificates shall be issued by the City of Denton upon the compldtion and acceptance of the said work of improvement, which shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, attested by the City Secretary, urger the impress of the corporate seal, and shall be payable to the City of Denton, or its assigns, which certificate shall declare the said amounts and the time and terms of payment thereof, and the said rate of interest payable thereof, and shall contain the name of the owner and the description of his property by Lot o~ Block Number or front feet thereof, or such description as may otherwise identify the same by reference to any other fact, and if said property shall be owned by an estate, then the description thereof as so owned shall be sufficient And the said certificates shall further provide that if default shall be made in the payme~ of any installment of principal or interest thereon, when due. then at the option of the said City of Denton being the owner and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable attorneys' fees and costs if incurred. And the said certificates shall further set forth a~d evidence the said personal liability of the owner and the lien upon his premises, and shall provide that if default shall be made in the payment thereof, the same may be enforced either by sale of the property by the Tax Assessor and Collector of the City of Denton, aslabove recited, or by suit in any court having juris- diction And the said certificates shall further recite that the proceedings with reference to making said im- provements have been regularly had in compliance with the terms of the agplicable law, and that all pre-requisites to the fixing of the lien and claims of personal liability evidenced by such certificates have been performed, which recitals shall be evidence of the facts so recited and no further proof thereof shall be required That the said certificates shall also provide the amounts payable ~hereunder shall be paid to the Assessor and Collector of Taxes of the City of Denton, who shall credit said payments upon the said certificates, and shall immediately deposit the amounts so collected with the Director of Finance of the City of Denton, to be credited to a special fund, which is hereby desIgnated as Street Improvement Fund No 3, and which payments shall be by the Director of Finance paid to the said City of ~enton or other holder of the said certificates, on presentation thereof to him, duly credited by Assessor and Collector of Taxes, the said credit by said Assessor and Collector of Taxes being the Director of Finance's Warranty for making such payment and the said City of Denton or other holder of said certificate, shall re- ceipt in writing to said Director of Finance when paid in full, together with all costs of collection And the said certificates shall further provide that the City of Denton shall exercise all legal power, when requested so to do by the holder of said certificate, to aid in the collection thereof, but the City of Denton shall in no wise be liable to the holder of said certifi- cates in any manner for payment of the amount evidenced by the said certificates or for any costs or expense in the premises, or for any failure of the said City Council or any of its officers in connection therewith Full power to make and levy reassessments, and to correct mistakes, errors, invalldities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance w~th the law in force in this City, vested in the City SECTION 10 Ail assessments levied are a personal liability and charge against the real and true owners of the premises described, notwlth~tanding such owners may not be named, or may be incorrectly ~amed SECTION 11. The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the F~rst Called ~ession of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session, with amend- ments thereto, now shown as Article l105b of Vernon's Texas Civil Statutes, which said law has been adopted as an alternative method for the construction of street improvements in the City of Denton, Texas SECTION 12. The assessments so levied are for the improvements in the particular unit or district upon which the property described abuts, and the assessments for the improvements in one unit or distr~ct are in nowise related to or connected with the improvements in any other unit or district, and in making assessments and in holding said hearing, the amount assessed for improvements in one unit or district have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor in any other unit or district SECTION 13.. The fact that in order to finance these improvements in any expeditious manner creates an urgency and an emergency xn the immediate preservation of public peace, health, and safety and requires that ~is ordinance take effect and be in force as an emergency m~asure, and shall be in force and effect immediately from and after its passage PASSED AND APPROVED this 10th day of July, A D. 1962 Mayor City of Denton, Texas C~i~y Secretary City of Denton, Texas City of Denton, Texas ~~ RELEASE OF PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NO. 62-13 THE STATE OF TEXAS § COUNTY OF DENTON § V ~:8r1 r~~r.~~ WHEREAS, the City Council of the City of Denton, Texas, has heretofore by Ordinance No. 62-13 duly enacted on April 24, 1962, determined the necessity for and ordered the improvement of various streets in the City of Denton, Texas, in the manner and according to the plans and specifications therefore, which plans and specifications have _ -. heretofore been approved and adopted by the said City`Council; and""-"-' WHEREAS, a notice duly executed in the name of the City of Denton, Texas, of the enactment of the said above described ordinance has heretofore on June 18, 1962, been filed in the Deed Records of Denton County, Texas, in Volume 482, Page 359; and WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 62-19, duly enacted on July 10, 1962, declazed the liability of the adjacent property owners for a portion of the cost of improving portions of vazious streets described therein and in Ordinance No. 62-13, and declared the same to be a lien upon the abutting properties; and _ WHEREAS, a portion of the properties abutting the various streets described in Ordinance No. 62-13 and Ordinance No. 62-19 were claimed as homestead at the time the improvements were ordered; and WHEREAS, attached hereto as Exhibit "A" and incorporated herein as if set forth at- length is a list of those properties which were claimed as homestead, according to Denton County tax records, at the time the improvements were ordered and for which no mechanic's - . lien contract was executed; and ~~WHEREAS, pursuant to Article 16 Section 50 of the Texas Constitution, a lien declared upon abutting property is void if the property was claimed as a homestead at the time the improvements were ordered and no mechanic's lien contract was executed by the owner prior to the work being performed; NOW, THEREFORE, The City of Denton, Texas, does hereby and herewith forever release the properties described in Exhibit "A" from any and all special assessment liens and claims arising by virtue of the improvements described in the aforesaid ordinances by the City Council of said City, in'the aforesaid notice recorded in Volume 482, Page 359 of the Deed Records of Denton County, Texas and in Ordinance No. 62-19. The personal liability of the owner of the property which is the subject of the assessment at the time the improvements were ordered is expressly reserved by the City of Denton and is not herewith released or discharged. ~~~~ . :. EXECUTED this theG~y~day of October, 1995. ,. ,, , ,. <,,<; W j~~_ t ~ L', 4'. •r.. 1 } ~, CITY OF DENTON, TEXAS BY: ~-d~ BOB CASTLEBERRY, MA "____ -~~ ~ ATTEST: t „;JENN~FER WALTE S CITY SECRETARY ;i t4r, " ~. µl .~ . //~~~: ~ BY:l.d9/h 32c~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ]:\W PDOCS\7C\62-13.REL PAGE 2 s ~ ~ ~~ ~ r~ x c _ .. ,- ~~ o ~ ~ . o:. y~ ~ r M i O ~ ~ ~ N ' a ' I h n r m •r y v N W a < ~ A a m m w ~ m r r• ~ r ~ C rt ~ M H ~ ~ ~ N z H • ro n oro~oro~ 3t o ° °° rtwrt~rt a • r M r c 0 o~omn w m ~w~~~ ° n a • , k rt ~ro ~ O k X(D kw~C a F~ W N ~" ~~ a mx ~ ~ H m W ~ W~ ~ F-I N N N ~ ~ `y H O O O r t p W M r i o ~ x 9 N N W ~ Q ~ - ~ ~ ~ M ~- w ~ rn Q V N W O. N 0 0 o y F+ N N W a (V W O O pQ - T l0 J--...~UI...~ _ ~---~ -_ 7. - .. ..._ - .~. ._ _. .. p~ v pl 0 0 o M G 0 0 o p ' o 0 o rt b] ~ y m m ~ o m m m ~ N r N ty ZJ n I p•' N O m Y• N (T M 1'T r m M .P .P ~ ~ o ~ I O A J O~ N m ~