1965-032 AN ORDINANCE ~LOS]l%~ 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 DE-
FINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF
SAID IMPROVEMENTS, FIXING A CHARGE AND LIEN AGAINST
~LL SAID ABUTTING PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND
ACCEPTANCE OF SAID WORK, PROVIDING FOR THE MANNER
~F PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST
AND THE CONDITIONS OF DEFAULT
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, THAT
SECTION I
The City Councml of the Cmty of Denton, Texas, fmnds the
Cmty Engineer has prepared an estmmate of the cost of mmprove-
ments on Projects numbered / , ~~--,
the estimate of cost having been completed and fmled mn the
offmce of the Cmty Engmneer ten days prmor to the date of thms
ordmnance and the estimates of cost so prepared and fmled are
hereby approved The City Councml further fmnds that the plans
and speclfmcatmons prepared by the Cmty Engmneer for the mmprove-
ments of the herein named streets are satmsfactory, and such
plans and specmfmcatmons are hereby approved
The City Council fmnds that due not~ce and opportunmty to
be heard on thms assessment has been gmven, and that notzce of
the public hearmng was given at least ten days before the date
of the hearmng and mnserted at least three tmmes mn a newspaper
published in the Cmty of Denton, as requmred by law The public
hearing was opened and held mn accordance wmth the ordinance and
notmCe, at whmch tmme and place an opportunmty was gmven to all
of the persons, fmrms, corporations and es%ares ownmng or clammmng
any such abuttmng property, or any mnterest theremn, to be heard
and to offer evmdence as to all matters in accordance wmth samd
ordinance and notmce In the course of the hearmng, suffmcment
and oompetent evmdence was heard showmng that the improvements
to be placed along the property mnvolved would mn each mnstance
mncrease the value of such property by more than the cost of such
mmprovements to the property owners Based on the evmdence,
matters, testimony and ob]ectzons consmdered at such hearmng,
the said City Councml has determmned that the propertmes and each
and every parcel of such property abutting upon the streets and
units as hereinafter set out wmll be enhanced mn value and spec~f-
mcal~y benefmted mn an amount mn excess of the amount of the cost
of such mmprovements proposed to be, and as heremnafter assessed
agamnst each of said parcels of property, abuttmng upon samd
streets and the real and true owners thereof
The cost of mmprovements of each portmon of street ordered
mmproved heremn shall be apportmoned among the parcels of abutting
property and owners thereof ~n accordance wmth the front foot plan,
whmch plan ms found to be famr and equmtable
SECTION 2.
There is hereby levied and assessed against the parcels
of property described in Exhibit B attached hereto and made a
part hereof, and against the real and true owners thereof,
whether such owners are named or correctly named in such ex-
hibit or not, the sums of money shown opposite the description
of property in such exhibit
SECTION 3.
Where more than one person, f~rm or corporation owns an
interest in any parcel of property described in Exhibit B, each
owner shall be personally liable only for the pro rata share of
the total assessment against such property in proportion as such
owner's interest bears to the real ownership of such property,
and such ownerh interest in such property may be released from
the assessment lien upon payment of such proportional sum
SECTION 4
The several sums mentioned in Exhibit B and assessed against
the respective parcels of property described there~n and the
owners thereof and interest thereon as specified herein, together
with expenses of collection and reasonable attorney's fees, if
~ncurred, shall be a first and prior lien on the respective par-
cels of property assessed superior to all other l~ens and claims,
except State, County School Dlstr~ct and City Ad Valorem taxes,
and Shall be a personal liability and charge against the real
and true owners of such property, whether such owners are named
or correctly named in such exhibit or not
SECTION 5.
The several sums mentioned in Exhibit 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 ~n escrow
for the City of Denton with the City Engineering Department
to be pa~d upon completion and acceptance of the paving by
the City of Denton, or
(B) Executing a note or notes, payable to the City of Denton in
an amount equal to the pav~ng assessment to be assessed
against the abutting property, said notes to be payable in
equal monthly installments not to exceed ~ years
Interest on the note or notes, payable ~n equal monthly
installments, shall be at a rate of 8% per annum. Any
balance on any note that ~s due and owing and unpaid shall
carry an interest rate of 8% per annum until pa~d
In the event that the total amount of paving assessment
against any one lot ~s less than two hundred dollars
($200.00), two notes shall be executed by the owner of
the property, payable to the City of Denton as follows
The first note equalling 50% of the paving assessment
to be assessed against his property is to be paid
upon completion and acceptance of the paving by the
City of Denton
The second note equalling the remaining 50% of the paving
assessment to be assessed against the property shall be
payable in twelve equal monthly installments, the first
installment 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, payable on the same date of each
month thereafter, and shall bear interest at the rate
of 8% per annum.
Any such installment may be paid at any time before
maturity by the payment of the principal and accrued
interest thereon Past due principal and interest
shall bear interest at the same 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 interest shall, without notice to
the owners, and at the option of the holder of the Certi-
ficate of Special Assessment, if any, immediately become
due and payable, together with expenses of collection
and reasonable attorney's fees, if incurred In the
event of such default, collection shall be enforced by
suit in any court having 3urlsdlctlon
(C) In the event the amount payable for the paving assessment
is not p~aced in escrow, as provided in paragraph (A) above,
or by the execution of notes, as provided in the foregoing
paragraph, the full sum of the assessment as shown in
Exhibit B shall be due and payable upon the completion and
acceptance of the work provided for herein
SECTION 6
For the purpose of evidencing the several assessments levied,
assignable certificates may be issued by the City of Denton upon
completion and acceptance of the improvements Such certificates
shall, if issued, be executed by the Mayor, signing the same, or
by h~s facsimile signature impressed thereon, and attested by the
City Secretary, under the impress 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 ammunt of the assessment as specified in Exhibit B,
together 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 Section
5 above
(C) That the proceedings with reference to making the improve-
ments therein referred to have been regularly had in com-
plzance wlth the law and that all prerequisites to the fixing
of the assessment lien against property described in the
certificate and the personal liability of the owner or owners
thereof have been performed
(D) Coupons may be attaohed in evidence of the several install-
ments which may be signed with the facsimile signatures of
the Mayor and City Secretary
(E) That the Clty of Denton shall exercise all of its lawful
powers when requested by the holder to aid ~n the collection
thereof.
Such certlflcates may 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 invalid or unenforceable, then
the City Council reserves the r~ght to supply any deficiency in
proceedings with reference thereto and correct any mistake or
irregularity in connection therewith, and at any time to make and
levy reassessments after notice and hearings as nearly as possible
· n the manner provided by the Statute referred to in Section 8
hereof for original assessments and sub3ect to the provisions
thereof with reference to special benefits
SECTION 8.
Such assessments are levied under the provisions of the
Acts of the Legislature of the State of Texas, known as Article
1105 b of Vernon's Texas C~vll Statutes
PASSED and APPROVED th~s day of , ,__~
A D. 1965.
Warren Whltson, Jr., Mayor
City of Denton, Texas
ATT~.~ ar
City of Denton, Texas
APPROVED AS TO LEGAL FORM
CITY OF DENTON PAVING ASSESSMENT
W.W~T ~IT "B"
NAME & EXTENT NAME ADDRESS ACTUAL ACTUAL
OF OF OF FOOTAGE COST
STREET OWNER OWNER
HEADLEE LANE 1.Four M 600 M~mosa Drave 2,215.74' $ 14,158.58
from the welst ragh~ Developers
of way lane of
Beaumont Street to 2.W.J. McCray 519 Headlee Lane 1,328 00' $ 8,485.92
the east raght of
way lane of Hxnkle 3.J.S. Gamblll 606 Contanental 900.00' $ 5,751.00
Drlve Estate Life Bualdang,
Fort Worth, Tex,
20~
from ct ~
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w~y ne Bis ~e
~, Texas