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