ST8402-AG 900227iENDA REQUEST FORM
'ITEM CAPTION: ~' ~:,;
Consideration 'of street assessment ordinance for improving a portion of ..
~.Denton . TapRoad from Sandy..Lake Road.'to Denton Creek, determining and'fixing
the: portion-of the project costs to be assessed a§ainst abutting property
owners and cal~ing a~ ~ub~. ic bearing thereon ,ch 3-27-90.' ·
SUBMITTED BY:~ ~z~ ~-~ STAFF R. EP.: '~:Frank Trmndn_ D~_n,~y (' M / !
(Director's Signature) - - :'' Finance Dir.:
. ~-<:. OTHER REP.: '- ,. ,
EVALUATION OF ITEM:',.
DATE:
.. ,~ {, .~., '.
BI~DGET AMT.:
C,O~ENTS:
LEGAL REVIEW BY:
AMT. ESTIMATED: .......
FINANCIAL REVIEW BY:
:'AMT. +/-
REVIEWED BY CM:
AN ORDINANCE OF TIlE CITY OF COPPELL. TEXAS
ORDINA' C - NO.
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 RELATE.D 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
THEM; ORDERING AND SETTING A HEARING AT 7:00 O'CLOCK P.M. ON THE ~r~
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.
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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 through 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
of the City.
and contracted for construction of the same in the name
. That attached hereto as Exhibit "A", and made 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 tota! 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 found 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 shall
against and paid by the property abutting upon said street, within the limits
~ve defined, and the real and true owners thereof, in accordance with, and in the
manner provided by, Article 1105b 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 defrayed as follows:
A. The abutting property within the limits hereinabove defined, and the real
and true owners thereof, shall 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".
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.
D. 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.
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 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 Council 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 nit.
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
of Coppell, Texas, in the Council Chambers of the City Council in the C~y Hall in
the City of Coppell, Texas, at 7:00 o'clock p.m. onthe ~-2rI dayof v~//~/L~Z ,
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 Coppell, 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
prQvisions 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 ihe 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 shall 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 shall invalidate any assessment or certificate issued in evidence thereof; but,
nevertheless, the real and true owners of said abutting property shall 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 p~ED by the City Council of the City of Coppell, Texas, this the
APPROVED:
APPROVED AS TO FORM:
CO90-0204
ATTEST: M AY~
CITt SECRETARY
ASSESSF~E~V~ CALCULATION
Total Estimated construction cost (low bid)
Less Non-Assessable items
$1,791,535-83
_ 144,609-87
$1,646,925.96
Less Dallas county participation
Net Assessable Construction cost
Plus 90% of Engineering, Testing,
and inspection Fees @ $229,979.37
Total Assessable costs
Total Assessable Project Front Footage
_ 923,431-52
$ 723,494-44
$ 206,981-43
$ 930,475-87
7,34~-61 Ft.
$ 126.69
Assessment Per Front Foot
a more
Please refer to the attached Engineer's Estimate for
detailed breakdown of the project costs. The Engineer'S Estimate
was produced from the original: Bid Tabulation Form and includes
the bid prices and quantities for the project.
Respectfully submitted,
GINN,/~NC- CONSULTING ENGINEERS
President
EXHIBIT ,A"
//~PRovEMENTs (FROM'SANDY TO DENTON CREEK)
· ~r166.58 TO STATION 203+29 ~. ROAD
~/$!71 LINEAR FEET
ABUTTING
PROPERTY OWNER PROPERTY DESCRIPTION FEET
23 PARKS OF COPPELL TRUST
5956 SHERRY LANE {1000
DALLAS, TX 75225
S.A. & M.G.R.R. SURVEY, ABS?. {1430 2408.19
VOL. {7618B, PG. 2355
PAVING &
DRAINAGZ
ASSESSMENT
$305,093.59
itt
SPECIAL BENEFIT
ENHANCEMENT
PARKWAY BLVD.
24 ABQ DEVELOPMENT CORP.
P.O.BOX 25625
ALBUQUERQUE, NM 87125
S.A. & M.G.R.R. SURVEY, ABSY. 11430 88.07
S.A. & M.G.R.R. SURVEY, ABS?. {1430 545.91
VOL. ~84123, PG. 1279
$11,157.59
$69,161.34
25 CITY OF COPPELL
P.O.BOX 478
COPPELL, TX 75019
S.A. ~ M.G.R.R. SURVEY, ABST. {1430
CLARINDA SQUIRES SURVEY, ABST.91327
VOL. ~76188, PG. 2355
627.64 $79,515.71
SUBTOTAL 3669.81 $464,928.23
** ASSESSMENT FIGURES DETERMINED BY MULTIPLYING ABUTTING FEET BY $126.69 NHICH IS BASED ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED.
*** ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANSEMENT STUDY.
for awarding a bid for purchase of
~ENT ROLL
~ ~/MPROVEMENTS (PROM SANDY~ ROAD TO DENTON CREEK)
~.~,,,,,~i~J'~N 166+58 TO STATION 203+29
f H IS 3671 LINEAR FEET
WEST SIDE
PROPERTY OWNER PROPERTY DESCRIPTION
PRELIMINARY
PAVING &
ABUTTING DRAINAGE
FEET ASSESSMENT
35 SOUTHLAND CORP. G.W. JACK SURVEY, ABST. 1694
ATTN: LEGAL DEPARTMENT VOL. {
2828 N. HASKELL AVE.
DALLAS, TX 75204
40.91 $5,182.89
34
SKYHAWK VENTURE
CONNELL DEV. CO.
P.O.BOX 541057
DALLAS, TX 75354
G.W. JACK SURVEY, ABST. t694
VOL. {80183, PG. 2709
395.82 $50,146.44
33
SKYHAWK VENTURE
AMERICAN STORES CORP. & STRATEGIS MGMT.
185 S. STATE ST.
HALT LAKE, UTAH 84111
G.W. JACK SURVEY, ABST. 1694
VOL. {80183, PG. 2709
35.00 $4,434.15
32
WILLIAM BOORHEM, ET UX
8144 WALNUT HILL {297 LB9
DALLAS, TX 75221
G.W. JACK SURVEY, ABS?. 1694
VOL. 185111, PG. 1202
472.07 $59,806.55
31
GLEN A. & JOE C. HINCKLEY
12201 MERIT DR. 1170
DALLAS, TX 75251
G.W. JACK SURVEY, ABST
VOL. {73201, PG. 1722
{694
213.81 $27,087.59
3O
COPPELL INDEPENDENT SCHOOL DISTRICT
1201 WRANGLER DR.
COPPELL, TX 75019
G.W. JACK SURVEY, ABST
VOL. BT, PG. 1370
t694
24.00 $3,040.56
29
CENTURY SAVINGS ASSOC.
P.O.BOX 856
BAYTOWN, TX 77522
G.W. JACK SURVEY, ABST
1694
104.73 $13,268.24
28
WILLIAM BOORHEM, ET UX
8144 WALNUT HILL t297 LB9
DALLAS, TX 75221
G.W. JACK SURVEY, ABST
VOL. {83065, PG. 2949
t694
211.10 $26,744.26
27
ABQ DEVELOPMENT CORP.
P.O.BOX 25625
ALBUQUERQUE, NM 87125
G.W. JACK SURVEY, ABST
VOL. 188103, PG. 2326
{694
1437.92 $182,170.08
26
THE CITY OF COPPELL
P.O.BOX 478
COPPELL, TX 75019
CLARINDA SQUIRES SURVEY ABST.{1327
S.A. & M.G.R.R SURVEY, ABST. 11430
VOL. 183005, PG.3569
739.44 $93,679.65
SUBTOTAL 3674.8 $465,560.41
** ASSESSMENT FIGURES DETERMINED 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 ENHANCEMENT STUDY.
SPECIAL BENEFIT
ENHANCEMENT