1965-025 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING Wi
Tm PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN
SiTREETS IN THE CITY OF DENTON, TEXAS, ORDERING TO BE
P,REPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS
~ND ORDERING THE pREPARATION OF pLANS AND SPECIFICATIONS,
~IRECTING THE GIVING OF NOTICE, DETERMINING THE COST OF
SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF DENTON,
PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE cITY OF
~ENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A
PORTION OF SUCH COST AGAINST THE PROPERTY ABUTTING SUCH
IMPROVEMENTS, AND FOR THE FIXING OF A LIEN TO SECURE
~AYMENT FOR SUCH ASSESSMENT~ DIRECTING THE CITY SECRETARY
TO FILE NOTICE OF THE ASSESSMENT, AND SPECIFYING ACTION
~NDER ARTICLE 1105 REVISED CIVIL STATUTES
~HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SBCTION I.
A necessity exists for the permanent ~mprovement of those
certain portions of streets hereinafter listed and enumerated
~n Exhibit A, which is attached hereto and made a part hereof
~ECTION II
iSuch streets shall be improved by cutting or filling them
to b~lng them to grade, by widening and straightening, by con-
strutting, reconstructing, repairing and realigning curbs, by
constructing appurtenances and incidentals to such ~mprovements,
lnclmding all drains and culverts, all as shall be recommended
by the City Engineer and approved by the C~ty Council The City
Engineer shall prepare an estimate of the cost of such improve-
mentland shall draw and prepare all necessary plans and speclfl-
cations
SECTION III
The City Secretary is hereby directed to cause to be pre-
pared a not~ce of the enactment of this ordinance and fzle said
notl~ce with the County Clerk of Denton County, Texas, among the
mortgage or deed of trust records of said County
~ SECTION IV
The cost of such improvements shall be paid for by the
City of Denton The city of Denton shall reimburse itself for
not,more than (90~) ninety percent of the cost of the ~mprove-
menSs by the assessments against the respective abutting property
and,the real and true owners thereof in accordance with the pro-
v~s~ons of Article 1105 b, Revised Civil Statutes of the State of
Texas The amount of such assessments shall constitute a first
and, prior lien upon all such property and a personal l~abllity on
the~ real and true owners thereof, whether correctly named or not
The property abutting on the ~ree~ shall be assessed on a per
front foot basis, the estimated cost per front foot and the
estlm~ted total oost of the total pav~ng being as set forth ~n
Exhibit A
No assessment shall be made until after the notice and
hearing provided by law, and no assessment shall exceed the
Special benefits ~n enhanced value to the property and the
owners thereof by reason of such improvements
~ECTION V
Such assessment shall be payable either by
(A) Placing an amount equal to the paving assessment ~n
escrow for the City of Denton w~th the C~ty Engineer-
ing Department to be pa~d upon completion and accep-
tance of the pev~ng by the Clty 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 abutting property, sa~d notes
to be pa~e in equal monthly ~nstallments not to
exceed ~_~__ years
~ note or notes, payable ~n equal monthly
Interest/on the
~nstall~ments, shall be at a rate of 8% per annum Any
balance on any note that ~s due and owing and unpaid
shall carry a st~ght ~nterest rate of 8% until pa~d
In the event that the total amount of paving assessment
aqa~nst 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, es follows
The f~rst note equalling 50% of the paving assessment
to be assessed aga~nst{h~s property ~s to be pa~d 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 ~n twelve equal monthly installmentS, the first
installment being due and payable thirty days after the
completion and acceptance of the paving by the C~ty of
Denton, and the balance shall be pa~d ~n eleven equal
monthly installments payable on the same date of each
month thereafter, and shall bear ~nterest at 8% per
annum
Any such ~nstallment may be pa~d at any t~me before
maturity by the payment of the principal and accrued
interest thereon Past due principal and ~nterest shall
bear interest at the same rate from maturity until
paid If default ~s made ~n the payment of any such
~nstallment or interest, the entire unpaid balance of
the assessment plus interest shall, w~thout notlce to
the owners, and at the option of the holder of the
Certificate of Special Assessment, if any, immediately
become due and payable together with expenses of collec-
tion and reasonable attorney's fees, if incurred In
the event of such default, collection shall be enforced
by suit in any court having jurisdiction
Upon the completion of the ~mprovement and the acceptance
thereof by the City of Denton, the aseessment made
against all abutting property owners who have not made
arrangements for the payment of the assessment as above
set forth, shall be immediately due and payable
SECTION VI
In making such improvementS, the City Council is acting
under the provisions of the Act passed at the first called
session of the Fortieth Legislature of the State of TexaS, known
as Chapter 106 of the Acts of said session, together with amend-
ments theret% also known as Article 1105 b of Vernon'S Civil
Statutes, adopted by the Charter of the Clty of Denton
pASSED and APPROVED this =~J~ day of _~~--' A.D 1965
Warren Whltson, Jr , Mayor
C~ty of Denton, Texas
B~/~ks,.}{o~t, city secretary
clty%~ Denton, Texas
0~.\
APPROVED AS TO LEGAL FORM
ja Q~. ~rton, City Attorney
ty ~ Denton, Texas
cITY OF DENTON PAVING ASSESSMENT
ESTIMATED cOST TOTAL ESTIMATED
cOST -
EXTENT OF STREET ~ ~O ABUTTING
~ TO ABUTTING
~ERS 9WNERs
$ 6.39 $ 28,395.50
HEADLEE LANE
from the west right-of-way
line of Beaumont Street to
the east right-of-way line
of H~nkl~ Drive
McCORMICK S~REET $ 7.73 $ 29,619.43
from the south right-of-way
line of Wlllowwood street to
the sou~h right-of-way line
of the Taylor Park SubdiVision
to the ~lty of Denton~ Texas
~Czty Secretary
C~ty of Denton, Texas
_`
- ~ ~.
STATE OF TEXAS X
COUNTY OF DENTON X
CITY OF DENTON X
NOTICE OF ASSESSMENT
KNOW ALL MEN BY THESE PRESENTS:
~~~
That the duly elected and constituted City Council of the City
of Denton, Texas, adopted an Ordinance on the 24th day of August,
A.D. 1965, declaring a necessity for and ordering the permanent
improvement of those certain portions of streets in the City of
_. ~_Denton_hereinafter listed. All of such improvements shall be
constructed in accordance with-the plaris~ah speci'fcations~,~=
therefor, which are now on file with the City Council of the
City of Denton and to which plans and specifications reference
is hereby made for a more particular description of such improve-
ments. The portions of streets to be so improved are to be
designated and defined as street units as set forth in Exhibit A,
which is attached hereto and made a part hereof..
Said Ordinance further provides that a portion of the cost of
said improvements is to be specially assessed as a lien upon
property abutting the street improved and as a personal liability
against the owners of such abutting property, such assessments ~
- to be payable to the City of Denton, Texas.
Wherefore, the City of Denton, Texas, acting by and through its
City Council has caused this Notice to be signed by the City
Secretary in the name of the City of Denton and to Have the
official Seal of the City of Denton hereto affixed this the 24th
day of August, A.D. 1965.
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THE CITY OF DENTON, TEXAy~~~~~~-.•~^_~~~-.~~~
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?~B~ooks Holt, City Secref`d~ ,e ~r~' J~.
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-STATE OF TEXAS X '~-""" `
,COUNTY OF DENTON X
BEFORE ME, the undersigned authority, on this day personally
appeared Brooks Holt, City Secretary of the City of Denton; Texas,
.known to me .to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed theA ~
_ same as the act and deed of the City of Denton, for the purposes
'and considerations therein expressed and in the capacity therein
expressed.
_- -s: _. .
GIVEN UNDER MY HAND AND 'SEAL OF~OFFICE on this 24th day of
.August, A.D. 1965.
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f / - Jac Barton
~,`, '\ ;' ~~~~~ }r N ry. Public in and f
:~~2 Y~ %~~ , County orc''Denton
,~ ~ ,. Texas
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CITY OF DENTON PAVING ASSESSMENT
F~ EXHIBIT-"A"
- -EXTENT OF STREET
NAME OF. STREET ESTIMATED COST TOTAL ESTIMATED.
'PER FRONT FOOT
_ `TO AB,$[}q+~2~ COST -
. Y~3 ~Z~E3
- OW~R`Rfi
En,L'8 ~D't8 - _ _
_ .... _
"'frt~ the areasL right-o$-~emay ~ 6" 39 $ 28~ 395. ~iJ
line aS #k3atat street tp
the emet z;glat-oP-o~y lino
08 HirilcYB Arias .
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~IcCOFtGiIC'tt sag .
frar~ the mouth i°ight•-of=~oaa~
line aP. ~illesdfwe~oc9 8tseet W
tie' youth=right-o&-meay lima
o~ .~t~ 'Taylor Park s~hBivi~ior-
cc, -thfl City 1trf t~eutoi~, `geHH6
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8 9,99 5 29,619.43
,}@'®f TeraA ` CERTIFICATE OF RECORD
OsT~~fl.3nt n .~ /S h 71{ETA "PART nR,
.~arf Clerk of the County Court in
S ftrty t_a, t fora.,v'rt irt~ rum~nt of wik n, antl. for said
~~~ t ~ w•G't. ifs cert;fi ~ .
~~ a •~ ~a>ot - / .of authentic„on
rg~.9 7 tie_ /~eiav c ... ~ /. O. 1910) nt /J owns
1Y ~ fn _' _' F O I L ~.1 i I r OJJ'CI9 K ....M.,
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s' mY han7 and s ar vi mf:ce ai .• of L ntmr, -sexes. -
"=n•Jn. Texas, Rte day antl year last a':pga written.
__ TF{ETA PgRKER
. _ _ y C~ ierk. of -the_C.OUnty_Couri; Derrtn~•r..~~..:-._I
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City SeCretar
City of Denton,` Texas
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RELEASE
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STATE OF TEXAS X
COUNTY OF DENTON X .KNOW ALL MEN BY THESE PRESENTS
- CITY OF DENTON X
That the below described portion of-street is deleted
_~_,,,~from the Ordinance;.passedaby the-COUnai1-o£~the-Gty°of-<Den
Texas, on the 24th-day of August; A.D. 1965, declaring a ne
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city for and ordering the improvement of certain portions of
t,~treets described therein, and providing that a portion of the
s
~1=cost of said improvements is to be specially assessed as a lien
`.upon property abutting the street improved, etc.;
4 Said Ordinance does not order the improvement of, nor
assess the abutting owners adjoining, nor impress a lien upon
the following:
a~
McCormick Street _ /_
-- - .from floe=south-right=of=way-Pine of-Wi-1`lowwdod- ~---- - -
Street to the south. right-of-way line of the
.Taylor Park Subdivision to the City of..Denton,
-. "Texas. :.
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Brooks Holt, City Secretary '
City of Denton, Texas
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.STATE OF TEXAS ~X
COUNTY OF DENTON ]
BEFORE ME, the undersigned authority, qn this-day person°
ally appeared Brooks Holt, City Secretary of the City of Denton,
Texas, known to me to be the person 'and officer whose name is
subscribed to the foregoing instrument, and acknowledged ~toTme
that he executed'the''name as the act and deed of the:;City of_i,
Denton;- for the purposes and considerations therein.`,e~pressed !~/
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..and 'in 'the capacity' therein stated. ~R~ _ _ ~:
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~"'~ fQ No y Public in and for Denton
~~'~ ~ N~ County, Texas
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