Loading...
OR 95-690 Improving water system, south side of East Belt Line (project WA94-01) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS OEEO l~/,00 ORDINANCE NO. 95690 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING THE WATER SYSTEM OF THE CITY BY CONSTRUCTION OF EIGHT INCH (8") AND TWELVE INCH (12") WATER LINES IN THE SOUTH SIDE OF EAST BELT LINE ROAD (PROJECT WA9~01); PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE; PROVIDING THE RATE OF INTEREST AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES AND MAKING SAID CHARGES PERSONAL LIABILITIES OF THE PROPERTY OWNERS OWNING THE PROPERTIES ABUTTING ON EAST BELT LINE ROAD; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES AND FOR THE COLLECTION THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Resolution duly adopted by the CRy Council of the City of Coppell ordering the improvement of the wmer system of the City by construction of 8" and 12" water lines in the south side of East Belt Line Road (Projed WA94-01) was passed on the ~ day of ~~/, ~ ~ / ,1994; and WHEREAS, pursuant to said Resolution, the City Engineer prepared and subm i~ed detailed plans, specifications and cost estimates for the improvements and the City Council examined, approved and adopted such cost estimate as required by applicable law; and WHEREAS, the City Engineer prepared his statements or lists showing the names of property owners upon East Belt Line Road, the description of their properties, the apportionment of the cost of the improvements in accordance with the front foot rule based on an assessment of not more than 9/10 of the estimated cost of said improvements against the benefitted property and the owners of that property; and WHEREAS, after the statements were filed with the City Council and examined and approved, a Resolution was passed by the City Council on November 8, 1994, approving and accepting the Engineer's estimate of costs, apportioning the part of the costs of those improvements that may be assessed, and fixing a time and providing for notice and a public hearing for such property owners as provided by Chapter 402 of the Local Government Code; and WHEREAS, notice was given as required by Chapter 402 and said Resolution and the hearing was held at the time and place mentioned in the notice, on the~4~-day of 1 AGG06567 95070 Obb, 78 Hall for the City of Coppell, Texas, and was then closed; and WHEREAS, at said hearing all desiring to contest the assessments, correct the same, or in any manner be heard concerning the benefits thereof were heard, and all matters of error or mistake or inequalities or other matters requiring rectification which were called to the attention of the City Council were corrected; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the action of the City Council closing the public hearing and o~erruling all protests on the ,~{v day of (~-ff..~.~ '~4%¢- , 1995, in these proceedings, is hereby ratified and confirmed by this Ordinance. That the City Council, from the evidence presented to it and considered by it, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon East Belt Line Road and against the owners thereof, and that the assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective pamels of property by means of the improvements, and the City Council hereby finds and determines that the properties hereinbelow listed will be benefitted by the improvements in excess of the assessment levied hereby. SECTION 2. That there be and is hereby levied and assessed against the parcels of property hereinbelow mentioned in Exhibit "A" attached hereto and made part hereof for all purposes and against the real and true owners thereof (whether the owners be correctly named herein or not) the sums of money set out in the said Exhibit "A" and itemized AGG06567 95070 shown opposite the description of the respective parcels of property and that the total of such assessment is not more than 9/10 of the estimated cost of the improvements. SECTION 3. That the sums set out in Exhibit "A" and assessed against the said parcels of property and the owners thereof shall bear interest at the rate of ~ % per annum until paid, together with reasonable attorney's fees and costs of collection, if incurred, and are hereby declared to be and 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 owners 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, superior to any other lien or claim except a state, county, school district or city property tax lien. SECTION 4. The sums so assessed against the abutting properties and the owners thereof shall be due and payable in ~' ~) equal installments, the first payable on or before thirty (30) days from the completion and acceptance of the improvements, and one each month thereafter until the total amount is paid, deferred payment bearing interest from the date of completion and acceptance at the rate of ~ % per annum, payable monthly with each installment, provided however, that any owner shall have the right to pay the entire assessment or any installment thereof, before maturity, by payment of the principal and accrued interest, and further. provided that if default shall be made in payment of any installment of principal or interest promptly as the same matures, then the entire amount 3 AGG06567 95070 of the assessment upon which the default is made shall, at the option of the City of Coppell, or its assigns, be and become immediately due and payable, and such shall be collectable, together with reasonable attorney's fees and costs of collection, if incurred. SECTION 5. 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 enforcement thereof, assignable certificates in evidence of the assessments levied hereunder that declare the lien on the property and the liability of the owners whether correctly named or not shall be issued by the City of Coppell upon the completion and acceptance of the work. Said certificates shall be executed by the Mayor signing the same or by his facsimile signature impressed thereon, attested by the City Secretary under the impress of the corporate seal, and shall be payable to the City of Coppell, or its assigns. The certificates shall declare the said amounts and the time and terms of payment thereof, and the rate of interest payable thereon, and shall contain the name of the owner and a description of his property by lot or block number or by such description as may otherwise identify the same by reference to any other fact. Said certificates shall further provide that if default shall be made in the payment of any installment of principal or interest thereon when due, then, at the option of the City of Coppell, being the owner and holder thereof, the assessment shall at once become due and payable and shall be collectable with reasonable attorney's fees and costs of collection, if incurred. Said certificate shall further set forth and evidence the 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 4 AGG06567 95070 enforced by an action in the Court having jurisdiction or by sale of the assessed property in the manner provided by law for the sale of property for municipal property taxes. As an aid to enforcement of the liability imposed by the assessment, the City of Coppell may refuse to connect or may disconnect water service to a parcel of benefitted property during the period in which there is a default in the payment of any amount assessed hereunder against the parcel or its owner. Such certificates shall recite that the proceedings with reference to making said improvements have been regularly had in compliance with law and that all prerequisites to the fixing of an assessment lien against the property described in the certificate and the personal liability of the owner of the property has been performed, which recitals shall be prima facia evidence of the facts so recited, and further proof is not required. SECTION 6. All assessments levied herein are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named or may be incorrectly named, and the City of Coppell may refuse water service to the owner until the owner pays the City the assessment made against the property. SECTION 7. The assessments herein levied are made and levied under and by virtue of the terms, powers, and provisions of Chapter 402 of the Texas Local Government Code as heretofore adopted by official action of the City Council of the City of Coppell, Texas. 5 AGG06567 95070 SECTION 8. This Ordinance shall take effect immediately from and after its passage as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ,,.z,/~ day of t- _ -~.. ,--,'?- :.- ~,'1995. \ ~ APPROVED: TOM MORTON, MAYOR ATTEST: / LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: pETE~T~RGJ~..SM~i,~CI~ATTORNEy (ckh 11-11-94) AGG06567 95070 0I'~ 83 EXHIBIT "A" ASSESSMENT ROLL The City Council of the City of Coppell, Texas, hereby assesses a portion of the cost of water line improvements against the following benefitted properties. The City Council has determined by resolution that the water system improvements consisting of an 8" and a 12" water line in the south side of east Belt Line Road (Project WA94-01) are necessary and that a portion of the cost of such improvements is to be specifically assessed as a lien against the benefitted properties and their owners as follows: PROPERTY AMOUNT OF ASSESSMENT Tract 3, Abstract 1493, Dallas County, Texas; 3.74 acres owned by Johnnie J. E. Thompson P.O. Box 1236, Coppell, Texas 75019 $18,092.86' Tract 7.5, Abstract 741, Dallas County, Texas; 3.2 acres owned by Kamwell, Inc., P.O. Box 586571, Dallas, Texas 75258-6571 0 Tract 4.1, Abstract 1493, Dallas County, Texas; 31.75 acres owned by Fraser Gordon Properties, Ltd., 50 Morning Side Avenue, Toronto, Ontario Canada M6S1C5 0 Tract 4.25, Abstract 1493, Dallas County, Texas; 4.83 acres owned by NEC Properties, Inc. c/o The Royal Bank of Canada, 1601 Elm Street, Suite 4380, Dallas, Texas 75201 $13, 158.00 Tract 4.26, Abstract 1493, Dallas County, Texas; 45.78 acres owned by NEC Properties, Inc. c/o Hunt Properties, Inc., 8235 Douglas Avenue, Suite 1300, Dallas, Texas 75225 0 Not to be assessed per "Compromise and Settlement Agreement" between the City ot Coppell and Johnnie J. E. Thompson; Steve Kimbre,.,~ Addan Moore dated February 22, 1994. 5070