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1965-037 ANI ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE oWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EX~ESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS FIXING A ~HARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND RE%L AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SA~ID WORK, PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESS- MENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, THAT s C ,ION ,I T~e City Council of the C~ty of Denton, Texas, f~nds the C~ty Eng~negr has prepared an estimate of the cost of ~mprovements on Pro]ec~s numbered In Attached , Exhablt ~, , the estimate of cos~ having been completed and f~led ~n the off~ce of the City Engineer ten days prior to the date of th~s ordinance and the est~~ mates of cost so prepared and f~led are hereby approved The C~ty Counc~ further f~nds that the plans and specifications prepared by the Cl~y Engineer for the amprovements of the herein named streets are satisfactory, and such plans and spec~flcatlons are hereby approved The City Councal finds that due not~ce and opportunity to be heard On this assessment has been g~ven, and that not~ce of the publlclhear~ng was g~ven at least ten days before the date of the hearing and inserted at least three t~mes ~n a newspaper published · n theiClty of Denton, as required by law The public hearing was openedland held in accordance w~th the ordinance and notice, at which $ime and place an opportunity was g~ven to all of the persons, f~rms, ioorporat~ons and estates owning or cla~mlng any such abutting proper~y, or any ~nterest therein, to be heard and to offer evidence as to 911 matters an accordance w~th said ordinance and not~ce In the co~rse of the hearing, sufficient and competent evidence was heard Showang that the ~mprovements to he placed along the property · nvolved would an each instance ancrease the value of such property by mor~ than the cost of such improvements to the property owners Based ~n the evidence, matters, testimony and ob3ect~ons considered at suc% hearing, the sa~d City Council has determined that the properties and each and every parcel of such property abuttang upon the streets and un,ts as hereinafter set out w~ll be enhanced in value and speclfacally benefated an an amount in excess of the amountlof the cost of such amprovements proposed to be, and as here- ~nafte~ assessed against each of sa~d parcels of property, abutting upon said streets and the real and true owners thereof ~ T~e cost of ~mprovements of each port,on of street ordered ~m- provedlherein shall be apportioned among the parcels of abutting property and owners thereof ~n accordance with the front foot plan, which plan ~s found to be fair and equitable S~CTION ~ There ~s hereby levzed and assessed against the parcels of pro- , f perry 4escribed in Exhibit B attached hereto and made a part hereo , and against the real and true owners thereof, whether such owners are named or correctly named in such exhzbzt or not, the sums of money shown opposite the description of property in such exhibit S~,CTION 3. W~ere more than one person, firm or corporation owns an interest · n any ,parcel of property described ~n Exhzb~t B, each owner shall be personally liable only for the pro rata share of the total assess- ment against such property in proportion as such owner's znterest bears to the real ownership of such property, and such owner's inter- est · n~such property may be released from the assessment lien upon payment of such proportzonal sum SECTION 4 The several sums mentioned in Exh~bzt B and assessed against the respective parcels of property described therezn and the owners there- of and interest thereon as specified herezn, together w~th expenses of collection and reasonable attorney's fees, ~f incurred, shall be a first and prior lien on the respective parcels of property assessed super~gr to all other liens and claims, except State, County, School DistriCt and City Ad Valorem taxes, and shall be a personal l~abll~ty and charge against the real and true owners of such property, whether such oWners are named or correctly named in such exhzb~t or not SECTION 5 T~e several sums mentzoned ~n Exhzbzt B and assessed against the respective parcels of property described therein and the owners thereof shall be payable by one of the alternative methods below set forth , (A) Placing an amount equal to the paving assessment in escrow for the City of Denton with the C~ty Engineering Department to be p~id upon completion and acceptance of the pav~ng by the City of Denton, or (B) Executing a note or notes, payable to the City of Denton in an amount equal to the paving assessment to be assessed against the a~utt~ng property, sa~d notes to be payable ~n equal monthly installments not to exceed ~ years Interest on the note or notes, payable in equal monthly ~nstall- m.~nts, shall be at a rate of 8% per annum Any balance on any n,~te that is due and owing and unpaid shall carry an ~nterest rate of 8% per annum until pard Ih the event that the total amount of pavzng assessment against a~y one lot is less than two hundred dollars ($200), two notes shall be executed by the owner of the property, payable to the City of Denton as follows ~e first note equalling 50% of the pavzng assessment to be assessed against h~s property ~s to be paid upon completzon and acceptance of the paving by the C~ty of Denton T~e second note equalling the remaining 50% of the paving assessment to be assessed against the property shall be pay- ablelin twelve equal monthly installments, the first 1nstall- m~nt being due and payable thirty days after the completion and acceptance of the paving by the City of Denton, and the balance shall be paid in eleven equal monthly installments, p&yable on the same date of each month thereafter, and shall bear interest at the rate of 8% per annum Any such lnstall~ent may be pa~d at any t~me before maturity by the payment of the principal and accrued 1nterest thereon P~st due principal and~ interest shall bear interest at the s~me rate from maturity until paid If default is made in the amount of any such installments or interest, the entire unpaid balance of the assessment plus ~nterest shall, w~thout notice to the owners, and at the option of the holder of the Cgrtlficate of Special Assessment, ~f any, immediately become due and payable, together with expenses of collection and rea- s~nable attorney's fees, if incurred In the event of such dgfault, collection shall be enforced by sult in any court~ h~vlng jurisdiction (C} In the event the amount payable for the paving assessment is ngt pla~ed in escrow, as provided in paragraph (A) above, or by the execution of notes, as provided in the foregoing para- g~aph, the full sum of the assessment as shown ~n Exhibit B shall be due and payable upon the completion and acceptance of the work provided for herein 6 F6r the purpose of evidencing the several assessments levied, assignable certificates may be issued by the C~ty of Denton upon completion and acceptance of the 1mprovements Such certificates, if issued, shall be executed by the Mayor, s~gnlng the same, or by hlslfacslmlle signature impressed thereon, and attested by the City Secretary, under the in~ress of the corporate seal, and shall be payable to the City of Denton or 1ts assigns, Such certificates shall provide in substance the following (A) The amount of the assessment as specified ~n Exhibit B, tggether with time, terms, rate of interest and conditions of payment as specified in Section 5 above (B) The terms and conditions of default as specified in Sectlon 5 above (C) That the proceedings with reference to making the improve- ments therein referred to have been regularly had in comp- l~ance w=th the law and that all prerequlsltes to the fixing of the assessment l~en against property described in the cgrtiflcate and the personal l~ab~llty of the owner or owners thereof have been performed (D) Coupons may be attached in evidence of the several installments which may be signed with the facsimile signatures of the Mayor a~d City Secretary (E) T~at the City of Denton shall exercise all of its lawful powers when requested by the holder to a~d ~n the collection thereof Such certificates ~y also contain other appropriate and pertinent recitals SECTION 7 In the event any such assessment for any reason whatsoever shall be held or determined to be ~nval~d or unenforceable, then the C1~ Council r~serves the rl~t to supply any defzc~ency ~n proceedings with reference thereto and correct any m~stake or lrregu~rlty in connection therewith, and at any tame to ~ke and levy reassessments after not~ce and hearings as nearly as possible in the ~nner provided by the Statute referred to ~n Section 8 hereof for original assessments and subject to the pro- v~slons thereof with reference to special benefits SECTION 8 Such assessments are levied under the provisions of the Acts of the iLeglslature of the State of Texas, kn~n as Article ll0§b of Ver~on's Texas Civil Statutes A D , ~965 Warren Whltson, Jr , Mayor C~ty of Denton, Texas Exhibit B UNIVERSITY DRIVE - LOCUST STREET TO MALONE STREET Paving, Curb, and Gutter LOT BLOCK PROPERTY OWNER CURB AND GUTTER PAVING TOT~L Footage - Credzt Footage - Cost COST 1, 2: & 412 Mr Jack Shepherd 197' $265 95 197' $1379 00 $1113 05 3 1115 Austzn Avenue DenLon, Texas 4 412 Josephine Howard & 151' 203 85 151' 1057 00 853 15 James H Normile 1027 Stanley & 2108 Gagwood Denton, Texas 16 413 Socony Mobile Oil Co 155' 209 25 155' 1085 00 875 75 P 0 Box 200 Dallas, Texas 16 1 413 R T Harpool, Jr 55' 74 25 55' 385 00 310 75 P O Box B Denton, Texas 17 413 Sue Taylor Murphy 150' 202 50 150' 1050 00 847 50 ? James Maxwell First State Bank Denton, Texas 2 418 Denton Loan & 311 8' 420 93 311 8' 2182 60 1761 67 Investment Co 215 W Mulberry Denton, Texas 1~ & 2 419 Cecil Shelton 122' 164 70 122' 854 00 689 30 6810 Ellsworth Dallas, Texas 31 thru 419 Peter G McGuire 202~ 272 70 20~' 1414 00 1141 30 34 227 W University Dr Denton, Texas 1, 2, & 439 Frank N Hall 150' 202 50 150' 1050 00 847 50 3 2041 W Oak Denton, Texas 11~ & 12 439 Charles Davis & ........ 150' 1050 00 1050 00 Wayne Blakeway 7 John Stroud 320 State Natl Bank Bldg Texa~kana, Arkansas Exh~blt B Continued BLOCK PROPERTY OWNER CURB AND GJ~TER PAGING IO~A2 Footage - Credzt Footage - Cost 60$~ 440 Jack H Browder 156' $210 60 156' $1092 00 $88] 40 Box 1180 Denton, Texas 440 Jack H Browder ........ 57' 399 00 399 00 Box 1180 Denton, Texas 440 John Porter 93' 125 55 93' 651 00 525 45 & Trultt Doyle 803 Bolivar Denton, Texas 447 Estell Brown 150' 202 50 150' 1050 00 8£7 50 Radzo Center Bldg 447 H M Cole 150' 202 50 150' 1050 00 847 50 408 Decatur 448 Tru~tt Doyle 150' 202 50 150' 1050 00 84v 30 ~ G E Adams 805 Bolzvar Denton~ Texas 448 Blll Holland ........ 75' 525 O0 520 O0 Krum, Texas 448 D~ck R Morrow 75' 101 25 7~' 525 O0 423 ~ 1104 Be llemeade Denton, Texas 450 J E Allen 280' 378 00 280' 1960 00 1,382 00 Route I Denton~ Texas 450 Ra-ch Estate ........ 200' 1400 00,, ],,~,LO~O ~0_9 Dentor~ Texas $2~982 00 450 J C Pace~ 3r 55' 74 25 5o' 2794 40 2~720 ~ ~ Buddies Super Mkt 318 N E 33rd Fort Worth, Texas Exhzbzt B Continued iCl Bi~OGK PROPERTY OWNER CURB AS~D GDTTER PAVING IOIAL Footage ~ Credzt Footage - Co~t C05~ ~ 450 Pat Hamilton ........ 266 05' $1862 35 1,862 35 ' Box 70 Denton, Texas 5 I 1450 Humble Oil & 105 75' 142 76 105 75' 740 25 597 49 i Refining Company I P 0 Box 2180 Houston, Texas 6 450 Ray Skillern Korn ........ 165' 1,155 00 1,155 00 ~ Sklllern Drug Dallas, Texas 11 & 12 453 RaymondJ DudleYK~ng ~ 126' 170 10 126' 882 00 711 90 1005 W University Dr Denton, Texas 13 & 16 '453 John Porter 130' 175 50 130' 910 00 734 50 112 W McKlnney Den~on~ Texas 1 1453-A Boone Corporation ........ 7 69' 53 83 53 83 ; ? Waldon Knight I Box 583 I Denton, Texas I · 1453-A Cull 0~1 Corporation 124 224' 167 70 124 224' 869 57 701 81 P 0 Box 2100 Houston 1, Texas 2 & 3 453-A Boone Corpora~zon ........ 303 5' 2~124 50 2,124 50 I ? Weldon Knight , Box 583 Denton, Texas 1 & 3 454 Crawford bldg Corp ........ 629 14' 4~403 98 4,403 98 I 7901 Ambassador Row Dallas~ Texas 2 1454 Fzr~t Presbyterian ........ 417 05' 2~919 35 2~9!9 35 , Church Denton~ Texas 2 ~049-B Denton independent ........ 1100 2' 7,701 40 7~701 z0 School D~strict Dentom~ Texas Exhibit B Continued LO2 BLO6~ PROPERTY OWNER CBRB AN~D G JI~ER PA%lNG I l~ootage- Crcdzt Footage- Cost COS]~ 4049-B C Newton Rayzor ........ 235' $19785 00 $1,783 00 P 0 Box 7533 Houston, Texas 449 6rawford Bldg Oorp ........ 1281 94 8~973 58 8~973 58 7901 Ambassador Row Dallas~ Texas 4049B Don ~ohnson O~1 Co 160' 216 00 160' 1~120 O0 904 00 Box 697 Denton~ Texas 4057 J Newton Rayzor ........ 79~ 1 5~558 70 5~558 ~0 Box 7533 + 68 56' 4?9 92 &79 92 Houston, Texas 4037 First State Der ........ 200' 1~400 00 1~400 00 Corporation 7 F~rst State Bank Box 717 Denton, Texa~ 4057 Southwest Employees ........ 361 0' 527 00 2~527 00 Incentzve Plan Trust Fund ? Bargain Fazr 1620 W Umivers~ty Dr~ve Denton, Texas TOTAL $o5~083 59