OR 86-353 Street paving assessments AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 86353
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PRESCRIBING A POLICY
OF STREET PAVING ASSESSMENTS FOR THE CITY OF COPPELL, TEXAS, CONTAINING
CERTAIN DEFINITIONS; PROVIDING FOR THE COST TO BE INCLUDED IN SUCH
ASSESSMENT; PROVIDING FOR A MAXIMUM INTEREST RATE ON ASSESSMENTS WHICH
ARE PAID SEMI-ANNUALLY AND THE NUMBER OF INSTALLMENTS NOT TO EXCEED
EIGHT (8); REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT WITH THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, By Article 1176 (16) and Article l105b, Vernon's Annotated Civil
Statutes, the laws of the State of Texas provide that the City of Coppell may cause
the streets to be improved and may levy assessments for street improvements as follows:
A. The City Council may, pursuant to Article l105b, Vernon's Annotated Civil
Statutes, determine the necessity for, and order, the improvement of any
street or part thereof within the City or lying outside the City as permitted
by said statute, and may contract for the construction of such improvements
in the name of the City and provide for payment of the cost of such
improvements by the City, or partly by the City and partly by assessments
as hereinafter provided.
B. The City may, by ordinance, assess all of the cost of such constructing,
reconstructing, repairing and realigning of curbs, gutters, and sidewalks,
and may make an assessment not exceeding nine-tenths of the estimated
cost of improvements exclusive of curbs, gutters, and sidewalks, against
the property upon the street or portion thereof ordered to be improved,
and against the owner of such property.
C. The City may provide the time, terms, and conditions of payment and
defaults of such assessments, and prescribe the rate of interest thereon,
not to exceed the maximum interest set forth in Article l105b, Vernon's
Annotated Civil Statutes.
D. Such assessment against abutting property shall be a first and prior Hen
thereon from the date improvements are ordered and shall be a personal
liability and charge against the true owner or owners of such property at
said date, whether named or not. The City Council may cause to be issued
in the name of the City, assignab|e certificates in evidence of such
assessments as provided for in said statute.
E. Before such improvements are actually constructed, and before any hearing
provided by law is held, the governing body shall prepare an estimate of
cost of such improvements, and in no event shall more than all the cost
of constructing, reconstructing, repairing and rea]igning curbs, gutters, and
sidewalks, and nine-tenths of the remaining cost of such improvements as
shown on such estimate be assessed against such abutting property owners
thereof.
F. The part of the cost of improvements on each portion of such street
ordered improved which may be assessed against abutting property and the
owners thereof shah be apportioned along the parcels of abutting property
and owners thereof, in accordance with the Front Foot Plan or rule unless
the City Council, in particular cases, determines that such would result in
an injustice or an inequity and, therefore, provide for assessment of said
cost in such proportion as may be equitable, having in view the special
benefits in enhanced value to be received by such parcels of property and
the owners thereof. The City Council shall not fix a lien against any
interest in property which is exempt at the time the improvement is
ordered, but the owner or owners of such property shall nevertheless be
personally liable for any such assessment.
G. No assessment shall be made against any abutting property owner or owners
until after notice and opportunity for hearing as provided for in Article
l105b, Vernon's Annotated Civil Statutes, and no assessment shall be made
against any abutting property or owners thereof in excess of the special
benefits of such property, and its owners in the enhanced value thereof
by means of such improvements as determined at such hearing. Pursuant
to Article l105b (9), Vernon's Annotated Civil Statutes, notice shah be
by advertisement inserted at least three (3) times in some newspaper
published in the City where such special assessment tax is to be imposed;
the first publication of such notice of hearing to be made at least twenty-
one (21) days before the date of the hearing; and, additional written notice
of hearing shah be given by depositing in the United States mail, at least
fourteen (14) days before the date of the hearing, written notice of the
hearing, postage prepaid, in an envelope addressed to the owners of the
respective properties abutting such street or portion or portions thereof
to be improved, as the names of such owners are shown on the then current
rendered tax rolls of such City and at the addresses so shown, or if the
names of such owners do not appear on such rendered tax rolls, then
addressed to such owners as their names are shown on the current
unrendered rolls of the City at the address shown thereon. The same
notice provisions shah also be applied to any railway, or street railway
using, occupying or crossing any street, portion or portions thereof to be
improved, if it is proposed to assess a special tax against such railway or
street railway for such improvements.
H. The establishment of this street assessment ordinance is made pursuant to
the provisions of Article l105b, Vernon's Annotated Civil Statutes, and is
not intended to reduce or enlarge upon such rights, duties, and requirements
as are established by said statute or any subsequent amendments thereto,
and any conflict shall be resolved and determined by the provisions of said
statute.
WHEREAS, the City Council of the City of Coppell, Texas, being so empowered
by law, does hereby promulgate and establish such a policy for the City of Coppell,
Texas, and this ordinance shall hereinafter be known as the Street Assessment Ordinance
of the City of Coppell, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. STREET ASSF,.$SMENT POLICY
The policy for street paving assessments in the City of Coppell shall be as follows:
A. Improvements. Streets shall contain a paved surface, plus two (2) feet of
curb and gutter section on each side, a minimum of four (4) foot wide
sidewalks on each side, or wider where needed, plus driveways as needed.
The paved surface shall be concrete, as required by the City of Coppell.
B. Assessment Policy. Property owners abutting on each side of the street
shall be assessed on the front foot basis ss follows:
1. Ninety percent (90%) of the cost of the improvements relating to
pavement for one-half of the width of the street abutting the
property. Improvements shall include excavation, lime stabilization
base, concrete, engineering cost, and all other costs of all incidents
and appurtenances thereto. The costs for street lights, landscaping,
and traffic signalization will not be included in assessments.
2. One hundred percent (100%) of one-half of the cost of construction
of curbs and gutters, storm sewers, and associated drainage facilities.
3. One hundred percent (100%) of one-half of the cost of construction
of sidewalks.
SECTION 2. PAYMENT
The cost assessed against said owners and their property shah be payable in
semi-annual installments not to exceed eight (8) in number, the first of which shall be
payable within thirty (30) days from date of completion of said improvements and their
acceptance by the City of Coppell, and one (1) installment each semi-annually thereafter
until paid, together with interest thereon at the rate of the greater of the following
two rates:
1. Eight percent (8%) per annum, or
2. The rate payable by the City on its most recently issued general obligation
bonds, determined as of the date of the notice to property owners,
with the provision that any said installment may be paid at any time before maturity
by payment of principal and accrued interest thereon. Any property owner against
whom and against whose property an assessment has been levied may pay the whole
assessment chargeable to him without interest within thirty (30) days after the acceptance
and completion of said improvements.
SECTION 3. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed. However, the repeal of existing
ordinances by this ordinance shall not affect or prevent the prosecution or punishment
of any person for any act done or committed prior to the effective date of this ordinance
in violation of any ordinance hereby repealed; and prosecution for such offenses may
be instituted and cases presently pending proceeded with in all respects as if such prior
ordinauce or ordinances had not been repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
/~)~ day of (~/~,L~ , 1986.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
CO86-0606 ~