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
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