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OR 90-468 Costs of all improvements on Denton Tap Rd. North AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 90468 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, SHOWING THE ESTIMATE OF TOTAL COSTS OF ALL IMPROVEMENTS BASED UPON ~ACTUAL BIDS RECEIVED AND ACCEPTED BY THE CITY, THE ESTIMATE OF SUCH COSTS TO BE PAID BY DALLAS COUNTY, THE ESTIMATE OF COSTS TO BE THE RESPONSIBILITY OF THE CITY OF COPPELL (HEREINAFTER CALLED THE "PROJECT COSTS"), THE ESTIMATE OF THE PROJECT COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF AND THE ESTIMATE OF VARIOUS OTHER COSTS, FOR IMPROVING OF A PORTION OF DENTON TAP ROAD FROM SANDY LAKE ROAD TO DENTON CREEK IN THE CITY OF COPPELL, TEXAS, AND OTHER MATTERS RELATED THERETO; DETERMINING AND FIXING THE PORTION OF THE PROJECT COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF THE PROJECT COSTS APPORTIONED TO ,1990, IN THE COUNCIL CHAMBER OF THE CITY COUNCIL IN THE CITY HALL OF COPPELL, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY; DIRECTING THE CITY SECRETARY OF THE CITY OF COPPELL, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the City Council of the City of Coppell, Texas, heretofore determined the necessity for and ordered the improvement of Denton Tap Road from Sandy Lake Road to Denton Creek; and WItEREAS, the City Council of the City of Coppell, 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 WItEREAS, the City Council of the City of Coppell, Texas, deems it necessary to levy an assessment against the abutting property, and the real and true owners thereof for a part of the project costs and set a public hearing thereon; 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 in the fall of 1985, the City Council authorized Ginn, Inc., to perform a study to determine the estimated cost of construction and partial reimbursement througil street assessments for the improvement of Denton Tap Road from Sandy Lake Road to Denton Creek. That the planned improvements to the roadway was to include a six-lane divided concrete roadway and bridges, with concrete curb and gutter, and storm sewer improvements. That thereafter the City Council ordered the improvements bid in accordance with the plans and specifications prepared by Ginn, Inc., the Engineer for the City (herein called "Engineer") and approved and adopted by the City Council. That based upon actual bids received by the City Council establishing such estimate of costs, the City Council determined the necessity for the improvements, accepted the bid of the responsible bidder submitting the lowest and best bid, ordered the improvements, and contracted for construction of the same in the name of the City. B. That attached hereto as Exhibit "A", and ma(te a part of this ordinance, is the report prepared and filed by the Engineer for the City which shows such estimates of costs of such improvements based upon the bid and final contract for construction of said improvements,=and the estimates of the amount per front foot to be assessed against the property abutting said street within the limits herein defined, and against the real and true owners thereof. SECTION 2. The written statement and report of the Engineer showing the estimated total costs of all the improvements based on bids received March 3, 1988, on the street within the limits above defined, showing the estimated costs to be paid by Dallas County, showing the estimated costs to be the responsibility of the City (hereinafter called "Project Costs"), showing the amounts per front foot proposed to be assessed against the abutting property and the real and true owners thereof on the said street for the Project Costs, showing the total estimated Project Costs of said improvements proposed to be assessed against and paid by the abutting property and the real and true owners thereof, and showing other matters relative thereto, having been received and examined by the City Council, said report and estimates therein shown are hereby in all things approved and adopted; and it is hereby foun~j and determined by the City Council that the estimated amounts of the several respective items of costs of said improvements, as above described, on said street are as is set out in the schedule attached hereto and made a part of this ordinance. SECTION 3. A portion of the Costs of said improvements shall be paid and defrayed by County bond funds and the City of Coppell, Texas, and a portion of the Project Costs shah be assessed against and paid by the property abutting upon said street, within the limits above defined, and the real and true owners thereof, in accordance with, and in the manner provided by, Article l105b of Vernon's Annotated Civil Statutes of Texas, as amended; The total Project Costs as hereinabove described, shall be and the same are hereby apportioned between said parties and shall be paid and clefrayed as follows: A. The abutting property within the limits hereinabove defined, and the real and true owners thereof, shah be assessed for and pay in accordance with the "front foot plan," that portion of the estimated Project Costs as shown on the report of the Engineer which is attached hereto as Exhibit "A"o Said amount being calculated to be not more than all the costs of constructing, reconstructing, repairing and realigning curbs, gutters and sidewalks and nine-tenths of the remaining costs of such improvements as shown by such estimate. B. The City of Coppell shall pay all of the remainder of the Costs of said improvements after deducting the amounts herein specified to be paid by bond proceeds and the abutting property and the real and true owners thereof as set out in subparagraph A above. C. There is included within the meaning of the terms "cost" or "Project Costs," when such terms are used herein, all other costs and expenses incident to the construction of the improvements, including engineering and inspection expenses. Do When the improvements herein ordered have been completed and accepted by the City of Coppell, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in eight (8) successive and 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 owners of any 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 the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly 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 attorneys' fees and all collection costs incurred, shall be and become immediately due and payable. Providecl, 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 the date of acceptance, be sold or have filed and approved by the City Council a final plat, the entire assessment together with accrued interest thereon, against the Act shall become immediately due and payable. E. No assessment shall be 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 Coaneil at the hearing. The amounts of such assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not. SECTION 4. A hearing shall be held and notice given to the owners as shown on the City's Tax Roll of property abutting upon Denton Tap Road within the limits set out above 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 or concerning any matter or thing connected therewith, which hearing shall be held by the City Council the City of Coppell, Texas, at 7:00 o'clock p.m. on the ~ '/~ day of 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, and persons interested in said proceedings, shall be given an opportunity to appear and to be heard in person, or by counsel, and may offer evidence; and said hearing may in the sole discretion of the City Council be adjourned from day to day and from time to time kept open, until all evidence and protests have been duly offered and heard, and the City Secretary of the City of CoppelI, Texas, is hereby directed to give notice of said hearing by publication of notice in some newspaper of general circulation in the City of Coppell, Texas; said notice shall be published at least three (3) times in said newspaper before the date set for said hearing, the first of which publications shall be at least twenty-one (21) days prior to the date of said hearing, and such notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance with the terms and provisions of Article 1105b of the Revised Civil Statutes of Texas, as amended. Where required by said statute, the City Secretary shall give additional written notice. However, the City Secretary may, in addition to the contents of the notice of said hearing as required by law which shall be for all purposes valid and sufficient in itself, include in any one or all of the publications of said notice such further data and information regarding such proposed improvements and assessments as the City Secretary may deem proper, and such general statement in connection therewith as the city Secretary may desire to acquaint those to whom the notice is directed with the facts and matters concerning said improvements and assessments. This hearing may be held jointly with any other assessment hearing that is called to be heard at the same time and place. Testimony and evidence applicable to both hearings, such as the qualifications of witnesses who offer matters in connection with both hearings, may be considered a part of both hearings. SECTION 5. Following such hearing as herein provided, the assessment will be levied against said abutting property, and the real and true owners thereof, for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessment shah be a first and prior lien upon the abutting property and a personal liability and charge against the real and true owners thereof. In levying the assessments, if the name of the owner be unknown, it shall be sufficient to so state that fact, and if said abutting property be owned by an estate or by a person, firm or corporation, it shall be sufficient to so state that fact, and it shall be unnecessary to give the correct name of any such owner, and no error or mistake in attempting to name the owner or in describing any of the property shah invalidate any assessment or certificate issued in evidence thereof; but, nevertheless, the real and true owners of said abutting property shah be liable, and the assessment against the abutting property shall be valid whether or not such owner may be named, or correctly named, or the property correctly described therein. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the C}ty Council of the City of Coppell, Texas, this the APPROVED: ASSESSMENT CALCULATION Total Estimated Construction Cost (low bid) $1,791,535.83 Less Non-Assessable items - 144,609.87 $1,646,925.96 Less Dallas County participation - 923,431.52 Net Assessable Construction Cost $ 723,494.44 Plus 90% of Engineering, Testing, and Inspection Fees @ $229,979.37 $ 206,981.43 Total Assessable Costs $ 930,475.87 Total Assessable Project Front Footage 7,344.61 Ft. Assessment Per Front Foot $ 126.69 Please refer to the attached Engineer's Estimate for a more detailed breakdown of the project costs. The Engineer's Estimate was produced from the Original Bid Tabulation For~ and includes the bid prices and quantities for the project. Respectfully submitted, NC~__ONSVLT__!NG ENGINEERS H. W~y~?ne Ginn, P.E. President EXHIBIT "A" / .......................................................................................................................................... PAVING AND DRAINAGE ASSESSMENT ROL DENTON TAP ROAD IMPROVEMENTS (FROM ~l., LAKE ROAD TO DENTON FROM STATION 166+58 TO STATION 203+29 WHICH I8 3671 LINEAR FEET WEST SIDE PRELIMINARY PAVING & ABUTTING DRAINAGE SPECIAL BENEFIT ~ PROPERTY OWNER PROPERTY DESCRIPTION FEET ASSESSMENT ENHANCEMENT 35 SOUTHLAND CORP. G,W. JACK SURVEY, ABST. ~694 49.91 $5,182.89 ATTN: LEGAL DEPARTMENT VOL. ~ 2828 N. RASKELL AVE. DALLAS, TX 75204 34 SKYHAWK VENTURE G.W. JACK SURVEY, ABST. ~694 395.82 $501146.44 CONNELL DEV. CO. VOL. ~80183, PG. 2709 P.O.DOX 541057 DALLAS, TX 75354 33 SKYHAWK VENTURE G,W. JACK SURVEY, ABST. ~694 35.00 $4,434.15 AMERICAN STORES CORP. & STRATEGIS MGMT, VOL. ~80183, PG. 2709 185 S. STATE SALT LAKE, UTAH 8411] 32 WILLIAM BOORHEM, ET UX G.W. JACK SURVEY, ABST. ~694 472.07 $59,806.55 8144 WALNUT HILL ~297 LD9 VOL. ~85111, PG. 1202 DALLASI TN 75221 31 GLEN A. & JOE C. HINCKLEY G.W. 3ACK SURVEY, ABST. ~684 213.81 $27,087,59 12201 MERIT DR. ~170 VOL. ~73201, PG. 1722 DALLAS, TX 75251 30 COPPELL INDEPENDENT SCHOOL DISTRICT G.W, JACK SURVEY, ABST, ~694 24.00 $3,040.56 1201 WRANGLER DR. VOL. 87I PG. 1370 COPPELL, TX 75019 29 CENTURY SAVINGS ASSOC. G.W. SACK SURVEY, ABST, ~694 184,73 $13,268.24 P.O.BON 856 BAYTOWN, TX 77522 28 WILLIAM BOORNEMI ET OX G,W. JACK SURVEY, ABST. ~694 211.10 $26,744.26 8144 WALNUT HILL ~297 LH9 VOL. #83065, PG. 2949 DALLAS, TX 75221 27 ABQ DEVELOPMENT CORP. G,W. JACK SURVEY, ABST. ~694 1437.92 $182,170.08 P.O.BOX 25625 VOL. ~8810], PG. 2326 ALBUQUERQUE, NM 87125 26 THE CITY OF COPPELL CLARINDA SQUIRES SURVEY, ABST.#I327 7]9.44 $93,679.65 P,O.UOX 478 S.A. & M.G.R.R SURVEY, ABST. ~1430 COPPELL, TX 75019 VOL. ~83005, PG.3568 SUBTOTAL 3674,8 $465,560.41 ** ASSESSMENT FIGURES DETERMINED HY MULTIPLYING ABUTTING FEET BY $126.69 WHICH IS BASED ON ESTIMATED CONSTRUCTION COSTS DETERMINED FROM TEE LOW RID RECEIVED, t** ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY. PAVING AND DRAINAGE ASSESSMENT ROL DENTON TAP ROAD IMPROVEMENTS jROM Ba~l LANE EOAD TO DENT©N CREEK) FROM STATION 166.58 TO STATION 203+29 WHICH IS 3671 LINEAR FEET EAST SIDE PAVING & ABUTTING DRAINAGE SPECIAL BENEFIT PROPERTY OWNER PROPERTY DESCRIPTION FEET ASSESSMENT ENHANCEMENT 23 PARKS OF COPPELL TRUST E.A. & M.G.R.R. SURVEY, ABET. #1430 2408.19 $305,093,59 5956 SHERRY LANE ~lOO0 VOL. ~76188, PG. 2355 DALLAS, TX 75225 PARKWAY BLVD. S.A. & M.G.R.R. SURVEY, ABET. ~143U 88.07 $11,157.59 24 ABQ DEVELOPMENT CORP. S.A. & M.G.R.R. SURVEY, ABET. ~1430 545.91 $69,161.34 P.O.BOX 25625 VOL. ~84123, PG. 1279 ALBUQUERQUE, NM 87125 25 CITY OF COPPELL E.A. & M.G.R.R. SURVEY, ABET. ~1430 527.64 $79,515.71 P.O.BOX 478 CLARINDA SQUIRES SURVEY, ABST.~]327 COPPELL, TX 75019 VOL. ~76188, PG. 2355 SUBTOTAL 3669.81 $464,92B,23 ASSESSMENT FIGURES BETERMINED BY MULTIPLYING ABUTTING FEET BY $126.69 WHICH IS BASED ON ESTIMATED CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED. ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANSEMENT STUDY.