OR 90-473 Cost of improvements to Denton Tap AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 90473
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING ASSESSMENTS
FOR THE PAYMENT OF A PORTION OF THE COST OF THE IMPROVEMENTS TO
DENTON TAP ROAD FROM SANDY LAKE ROAD TO DENTON CREEK IN THE CITY
OF COPPELL, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN; FIXING A
CHARGE AND LIEN AGAINST THE SAID PROPERTIES, AND THE REAL AND TRUE
OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
UPON THE COMPLETION AND ACCEPTANCE OF THE WORK; PROVIDING FOR THE
MANNER, TIME, AND METHOD OF PAYMENT, AND THE METHOD OF COLLECTION
OF THE ASSESSMENTS AND CERTIFICATES; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, heretofore determined
the neccessity for and ordered the improvements to Denton Tap Road from Sandy Lake
Road to Denton Creek; and
WHEREAS, the City Council of the City of CoppeLt, Texas, heretofore caused to
be prepared an estimate of the cost of such improvements which said estimate was
determined and based upon actual bids received and accepted by the City; and
WHEREAS, the City Council of the City of Coppell, Texas, by Ordinance No.
90-468, ordered that a public hearing be held and notice given to the owners, as shown
on the City's tax ro11, of property abutting said portion of Denton Tap Road within
the limits set out above, all as more specifically described in Schedule I attached
hereto, as to the assessment and as to the amount to be assessed against each parcel
of abutting property, and the owners thereof, and as to the special benefits, if any, to
said property to be received from said improvements and concerning any error, invalidity,
irregularity or deficiency in any proceeding or contract with reference thereto; and
WHEREAS, such hearing was held in the council chambers of the City Council
of the City of Coppell, Texas, on the 27th day of March, 1990, at which time and place
all persons, firms, corporations or estates owning or claiming any such abutting property,
or any interest therein, and their agents or attorneys, were given an opportunity to
appear and be heard in person, or by counsel, and to offer evidence; and
WHEREAS, on March 9, March 16, and March 23, 1990, notices were published
in the official newspaper of the City of Coppe]l, Texas, in all things as required by law,
of the date, time, and place and subject of the public hearing to be held on March 27,
1990; and
WHEREAS, on March 12, 1990, individual notices substantially the same as the
notice published in the official newspaper of the City, were deposited in the United
States mail, first class mail, certified mail, return receipt requested, addressed to the
owner of each abutting property within the limits of the property, as such ownership
is shown on the City's most current tax roll; NOW, THEREFORE,
BE IT ORDAiNED BY THE CiTY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
The City Council of the City of Coppell, Texas, hereby finds and determines:
A. That the recitals hereinabove set forth are true and correct.
Bo That on the 27th day of March, 1990, after the hour of 7:00 o'clock p.m.,
the public hearing was opened and held in accordance with the above
mentioned ordinance and notice, at which time and place an opportunity
was given for all interested parties to offer evidence. At the hearing,
the following appeared, testified, and offered evidence:
1. Lawrence W. Jackson, City Attorney, testified as to certain
procedural matters occurring up to the date of the hearing, and
based on his testimony concluded that in hL~ opinion, all requirements
of Article 1105b, Vernon's Annotated Civil Statutes of Texas, had
been satisfied up to the date of the hearing.
2. Mr. John Kar]sruher, representing Ginn, Inc., the City's engineer in
connection with the project testified concerning the role Ginn, Inc.,
played in regard to the assessment project, and facts regarding the
nature and estimate of costs of the improvements and offered Exhibit
"A-2" containing the engineer's report and assessment roll.
3o Mr. James W. Cul]ar, Jr., of Evaluation Associates, the appraisal
consultants who conducted the project enhancement study for the
City of Coppel] testified that he did in fact conduct the enhancement
study for the City and how he and his organization approached the
enhancement study, including the methodology used to arrive at his
opinions concerning the evaluation and enhancement of the properties
in question. Thereafter, the owner or representative of each
property appearing at said public hearing was called, and Mr. Cul]ar
offered evidence concerning each property which said testimony was
followed by the testimony of the owner or representative. The
following owner or representative appearing and offering evidence
at said public hearing was as follows:
Mr. Glen Henckley representing Tract 31.
Mr. James W. Cullar, Jr., then testified that Exhibit "B-2" contained
his written opinion concerning the enhancement he found for each
property abutting Denton Tap Road from Sandy Lake Road to Denton
Creek, including the properties about which he had previously
covered in oral testimony, and said Exhibit "B-2" was offered as
his written opinion and testimony concerning all the properties
covered by the enhancement study abutting said roadway.
4. Mr. Frank Trando, Director of Finance for the City of Coppell,
Texas, identified Exhibit "C-2" as a document which combined the
calculated front foot construction cost estimates prepared by the
City's engineer and the findings of Evaluation Associates' special
benefits study (said Exhibit "B-2") to which he had added an
additional column entitled "net assessment." Mr. Trando testified
that the net assessment calculation contained in Exhibit "C-2" was
based upon the lower of the two amounts, which was the maximum
amount the City could levy and assess, taking into consideration
the amount of special benefits (or enhancement) to each property.
5. The Mayor and City Attorney then asked if anyone else wished to
testify. There being no one else to testify, the City Attorney
offered as a part of the record of the public hearing Exhibits "A-2,"
"B-2," "C-2," and "D-l" which said Exhibits were so received.
6. Thereafter, the public participation part of the hearing was closed
and councilmember Bill Smothermon made the following motion:
"I make the following motion as to the properties abutting Denton
Tap Road from Sandy Lake Road to Denton Creek. I move that
the net assessments contained in the City's Exhibit "C-2" be made
against the parcels and the owners thereof set forth on said Exhibit
and that the City Council of the City of Coppell finds that the
amount of these net assessments against each parcel and the owners
thereof does not exceed the special benefits in enhanced value by
means of the improvements in this project. Provided, however, the
assessment ordinance shall not levy the assessment against those
properties where the assessment has been paid in advance, where
levy of the assessment is prohibited by law, prior contract or existing
City policy."
SECTION 2.
Based on the foregoing, the public hearing is closed and all protests and objections,
whether specifically mentioned at the public hearing or not, be, and the same are hereby
overruled and denied.
SECTION 3.
There is hereby levied and assessed against the respective parcels of property
herein described and abutting upon said street improvements, within the limits herein
defined, and against the real and true owners of such property, whether such real and
true owners be named, or correctly named, or said property be correctly described
berein or not, the several sums of money hereinafter mentioned and itemized opposite
the description of the respective parcels of said property, the number of front feet of
each, and the several amounts assessed against the same, and the true and correct
owners thereof, all as more specifically described as set out in Schedule I attached
hereto and made a part hereof for all purposes. Each of the assessments set forth on
Schedule 1 are no greater than the special benefits in enhanced value by means of the
improvements accruing to each parcel and the real and true owners thereof.
SECTION 4.
The assessments levied by this ordinance are for a portion of the costs of said
improvements and are assessed against the abutting property within the limits hereinabove
defined and the real and true owners thereof are in accordance with, and in the manner
provided by Article 1105b, Vernon's Annotated Civil Statutes of Texas, as amended, and
in accordance with the "front foot plan" established in said statute, said amount being
not more than all the costs of constructing, reconstructing, repairing or realigning curbs,
gutters, and sidewalks and nine-tenths (9/10) of the remaining costs of improvements
as shown by the estimated cost of such improvements. No assessment is made against
any abutting property, or the real and true owners thereof, of costs in excess of the
benefits to such property or owners thereof in enhanced value thereof by means of
such improvements as determined by the City Council at the public hearing on March 27,
1990.
SECTION 5.
The several sums set forth on Schedule 1 assessed against the abutting property
and real and true owners thereof whether said o~vners be named or correctly named, or
the said properties be correctly described herein or not, together with interest thereon
at the rate of eight percent (8%) per annum, with reasonable attorney's fees and all
costs and expenses of collection, if incurred, are hereby declared to be made a first
and prior lien upon the respective parcels of property against which the ,~ame are
assessed from and after the date said improvements were ordered by the City Council
and are a personal liability and charge against the real and true owners thereof, whether
or not such owner or owners be named, or correctly named herein, paramount and
superior to all other liens, claims or titles, except for lawful ad valorera taxes; and
that the sums so assessed shah be payable to the City of Coppell, Texas, a municipal
corporation, or its a&~igns, to wit:
A_. In eight (8) successive equal semi-annual installments together with interest
on each installment from said date of acceptance until paid at the rate
of eight percent (8%) per annum; provided, however, that the owner of
said property shall have the privilege of paying all or any of said
installments at any time before maturity thereof, by paying the total
amount of principal of such installment together with interest accrued
thereon to date of payment. Further, if default be made in the payment
of any of said installments of principal or interest pro~nptly as the same
matures, then at the option of the City or its assigns, the entire amount
of the assessment upon which default is made, together with reasonable
attorney's fees and all collection costs incurred, shall be and become
immediately due and payable. Provided, notwithstanding anything contained
herein to the contrary, if any tract or parcel of property abutting such
improvements (called "tract") or portion of the tract, should after date of
acceptance be sold or have filed and approved by the City Council a final
plat, the entire assessment together with accrued interest therein against
the tract shall become immediately due and payable.
B. For the purpose of evidencing said assessments, the liens securing same
and the several sums assessed against said parcels of property, and the
real and true owner or owners thereof, and the time and terms of payment,
and to aid in the enforcement thereof, assignable certificates may be
issued by the City of Coppell, Texas, which certificates shall be executed
by the Mayor and attested by the City Secretary by their respective mutual
facsimile signatures, with the corporate seal affixed, and shall be payable
to the City of Coppell, Texas. Said certificates to be issued after the
completion and acceptance by the City of Coppell, Texas, of the
improvements. Said certificates shall declare the amounts assessed and
the time and terms of payment thereof, the rate of interest payable
thereon, the date of the completion and acceptance of the improvements
for which the certificate is issued, and shall contain the name of the
apparent owner or owners as accurately as practicable, and the description
of the property assessed by lot and block number, or front foot thereof,
or such other description as may otherwise identify the same, and if said
property shall be owned by an estate or firm, then to so state the fact
shall be sufficient, and no error or mistake in describing any such property
or giving the name or any owner or owners, or otherwise, shall in anywise
invalidate or impair the assessment levied hereby or the certificate issued
in evidence thereof. Said certificate shall further provide substantially
that if default shah be made in the payment of any installment or principal
or interest then due, then at the option of the City of Coppell, Texas, or
its assigns, or the holder thereof, the whole of such assessment evidenced
thereby shall at once become due and payable and shall be collectible with
reasonable attorney's fees and all expenses and costs of collection, if
incurred; and said certificate shah set forth and evidence the personal
liability of the real and true owner or owners of such property, whether
named or correctly named therein or not, and a lien upon such property,
and that said lien be first and paramount thereon, superior to all other
liens, titles and charges, except for ]awful ad valorera taxes, and from
and after the date said improvements were ordered by the City Council
and shah provide in effect, that if default shall bc made in the payment
thereof, the same may be enforced, at the option of the City of Coppell,
Texas, or its assigns, either by the sale of the property therein described
in the manner provided for the collection of ad valorera taxes as above
recited, or by suit in any court having jurisdiction. Said certificate shall
further recite, in effect, that all proceedings with reference to making
said improvements have been regularly had in compliance with the law
enforced in said City and the proceedings of the City Council of said City
and that all prerequisites to the fixing of the assessment lien against the
property, and the personal liability of the real and true owners thereof
evidenced by such certificate, have been regularly done and performed,
which recitals shall be evidence of all the matters and facts so recited,
and no further proof thereof shall be required in any court.
Said certificates shall further provide, in effect, that the City of Coppell,
Texas, shall exercise all its lawful powers, when requested to do so by
the holder of said certificates, to aid in the enforcement and collection
thereof, and said certificates may contain other and further recitals
pertinent and appropriate thereto. It shall not be necessary that said
certificate shall be in the exact form as set out above, but the substance
and effect thereof shall suffice. Further, the failure to issue such
certificates shall in no way invalidate any of the assessments herein levied,
but such assessments shaH, in any event, be due and payable as herein
provided.
SECTION 6.
All such assessments levied are and shall be a personal liability and charge against
the respective real and true owner or owners of said abutting properties, notwithstanding
such owner or owners may not be named or correctly named, and any irregularity in
the name of the property owner or the description of any property or the amount of
any assessment, or in any other matter or thing, shall not in anywise invalidate or
impair any assessment levied hereby or any certificate issued, and any such mistake,
error, invalidity or irregularity, whether in such assessment or in the certificate issued
in evidence thereof, may be, but L~ not required to be., in order to be enforceable
corrected at any time by the City Council of the City of Coppell, Texas.
The assessments levied by this ordinance have been adopted in accordance with
the Home Rule Charter of the City of Coppell, Texas, and Article l105b, Vernon's
Annotated Civil Statutes of Texas.
SECTION 7.
It is hereby declared to be the intention of the City Council of the City of
Coppell, Texas, that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section hereof
should be declared unconstitutional or otherwise invalid, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of such unconstitutional or invalid
phrase, clause, sentence, paragraph or section.
SECTION 8.
Any ordinance or parts of ordinances of the City of Coppell in conflict with any
provision or provisions of this ordinance are hereby amended to the extent of such
conflict, so that the same shall hereinafter conform to the provisions of this ordinance.
SECTION 9.
This ordinance shall become effective and be in full force and effect from and
after its passage as the law in such cases provides.
DULY PASSED AND APPROVED by the City Council of the City of Coppell,
Texas, this the /~ day of April, 1990.
APPROVED:
MAYOR
ATTEST:
APPROVED AS TO FORM:
SCHEDULE 1
Street assessment roll of property abutting Denton Tap Road from Sandy
Lake Road to Denton Creek (from Station 166.58 to Station 203+29) located
in the City of Coppell, Dallas County, Texas, within one or more of the
following surveys:
S.A. & M.G.R.Ro Survey Abstract No. 1430
Clarinda Squires Survey Abstract No. 1327
G. W. Jack Survey Abstract No. 694
PAVING AND DRAINAGE ASSESSMENT ROLL
DENTON TAP ROAD IMPROVEMENTS {FROM SANDY LAKE ROAD TO DENTON CREEK)
FROM STATION i66+58 TO STATION 203+29
WHICH IS 367i LINEAR FEET
WEST SIDE
PRELIMINARY ~**
PAVING & PRELIMINARY
ABUTTING DRAINAGE SPECIAL BENEFIT NET
{ PROPERTY OWNER PROPERTY DESCRIPTION FEET ASSESSMENT ENHANCEMENT ASSESSMENT
35 SOUTHLAND CORP. G.W. JACK SURVEY, ABST. {694 40.91 $5,182.89 S13,300.00 $51182.89
ATTN: LEGAL DEPARTMENT VOL. {
2828 N. DASKELL AVE.
DALLAS, TX 75204
34 SKYHAWK VENTURE G.W. JACK SURVEY, ABST. {694 395.82 $501146.44 $43,540.00 $43,540.00
CONNELL DEV. CO. VOL. {80183, PO. 2709
P.O.BOX 541057
DALLAS, TX 75354
33 SKYHAWK VENTURE O.W. JACK SURVEY, ARST. {694 35.00 $4,414.15 S1,540.00 $1,540.00
AMERICAN STORES CORP. & STRATEGIS MONT. VOL. {80183, PG. R709
185 S. STATE ST.
SALT LAKE, UTAH 84111
32 WILLIAM BOORHEM, ET UX G.N. JACK SURVEY, ABST. ~694 472.07 S59,806.55 $9,440.00 S9,440.00
8144 WALNUT HILL {297 LB9 VOL. {85111, PG. i202
DALLAS, TX 75221
31 GLEN A. R JOE C. HINCKLEY G.W. JACK SURVEY, ABST. {694 2t3.81 S27,087.59 S4,280.00 S4,280.00
12201 MERIT DR. {170 VOL. {73201, PG. 1722
DALLAS, TX 75251
29 CENTURY SAVINGS ASSOC. G.W. jACK SURVEY, ABST. ~694 104.73 S13,268.24 S4,190.00 S4,190.00
P.O.BOX 856
BAYTOWNI TX 77522
28 WILLIAM BOORHEM, ET UX G.W. JACK SURVEY, ABST. {694 211.10 S26,744.26 Si0,130.00 S!0,i30.O0
8144 WALNUT HILL {297 LB9 VOL. {83065, PO. 2949
DALLAS, TX 75221
SUBTOTAL !473.44 St86,670.11 S86,420.00 $78,302.89
ASSESSMENT FIGURES DETERMINED BY MULTIPLYING ABUTTING FEET BY $126.69 WHICH IS BASED ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM TEE LOW BID RECEIVED.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.
SCHEDULE 1 Page 2 of 2