WA9401-AG 950124SUPPORT DOCUMENTATION FOR AGENDA ITEM
STAMP RECEIVED BY CITY MANAGER'S OFFICE:
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CONTRACT/AGREEMENT ........... :
C.I.P. CONTRACT ................. :
CHANGE ORDERS ................. :
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6 originals for signature
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ORDINANCE .................... :
CAPTION ....................... :
RESOLUTION .................... :
PROCLAMATION ................. :
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LOCATION MAPS ..................
ZONING PLANS ...................
PRELIMINARY/FINAL PLATS ..........
SITE PLANS ......................
LANDSCAPE PLANS ................
ARCHITECTURAL RENDERINGS ........
LENGTHY DOCUMENTS .............
(zoning, subdivision ordinance, master plans)
DATE PUBLISHED IN THE CITIZENS' ADVOCATE:
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Agenda Request Distribution - Revised 1/94
To:
Mayor and City Council
From:
Kenneth M. Griffin, P.E., Asst. City Manager/Dir. Public Works
Discussion and consideration of approval of an ordinance levying assessments
against various persons and their property for the payment of part of the cost of
improving the water system of the City of Coppell (Project/~tVA 94-01) and
authorizing the Mayor to sign.
Date:
January 24, 1995
This ordinance is the final step in the process of performing the necessary work to access the
adjacent property owners for a portion of the cost of constructing the East Beltline Road water
line. As part of the process, the City of Coppell contracted with Chuck Mullinax, Appraisal
Brokerage & Consulting Company, to perform the necessary appraisal work to determine the
enhanced value of the properties adjacent to Beltline Road. Based on comparable sales and the
floodplain status of some of the properties, Mr. Mullinax has assigned an enhanced value of
zero to all the properties except one. Mr. Mullinax assigned an enhanced value of $44,500 to
that property. However, by law, the maximum amount that the City can assess against that
particular piece of property is $13,158. Included with this agenda item is a summary report of
the appraisals. The complete appraisals are available in my office and a complete copy can be
provided upon request to any Council Member wishing to review the entire study and the
comparable land sales.
Staff will be available to answer any questions at the Council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. C~,,_~""~ (7(::)
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 WA94-01); 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 City Council of the City of Coppell
ordering the improvement of the water system of the City by construction of 8" and 12"
WHEREAS, pursuant to said Resolution, the City Engineer prepared and submitted
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
1 AGG0egt7
(y , 1995, at "7o'J-4P o'clock p.m. at the Council
Cham 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 overruling all
protests on the olaf1'4~ day of 9~~ , 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 parcels
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
2 AGGoe567'
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 attomey'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 ~p O 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 AGC-,Oe,R67
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 masonable attomey'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 hemunder that declare the
lien on the property and the liability of the owners whether correctly n'amed 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
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
SECTION 8.
This Ordinance shall take effect immediately from and after its passage as the law
and Charter in such cases provide.
day of
DULY PASSED by the City Council of the City of Coppell, Texas, this the
. 1995.
APPROVED:
~OM/~ORTON, MAyO~~~R
A'!'FEST:
APPROVED AS TO FORM:
~TER~G.~SS~~ATTORNEy
(ckh 11-11-94)
6
AGG06567
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 foil6ws:
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 M6S1 C5
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
Not to be assessed per "Compromise end Settlement Agreement" between the City of Coppell and
Johnnie J. E. Thompson; Steve Kimbrell; Adrien Moore dated February 22, 1994.
EXHIBIT "A"
ASSESSMENT ROLL
The City Cour'cii of the City of Coppell, Texas, hereby assesses a portion of the
cost of water line impr~. '~ements 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 M6S1 C5
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
Not to be assessed per "Compromise and Settlement Agreement" between the City of Coppell and
Johnnie J. E. Thompson; Steve K]rnbroll; Adrian Moore dated February 22, 1994.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORIC~NANCE 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 G,c THE CITY BY CONSTRUCTION OF EIGHT INCH
(8") AND TWELVE INCH (12") WATER LINES IN THE SOUTH SIDE OF
EAST BELT LINE ROAD (PROJECT WA94-01); 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of , 1995.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LINDA GRAU, CITY SECRETARY
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas
Attorney
Government Code -
Consultation with City
Mayor Morton convened into Executive Session at 9:07 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:25 p.m. and continued with Item
12 of the Regular Session.
Mayor Pro Tem Robertson moved to close the Public Hearing and deny S-1088, Wendy's
Restaurant, zoning change from TC Crown Center) to TC-S.U.P. Crown Center, Special Use
Permit) to allow the operation of a drive-through restaurant, located on the east side of Denton
Tap Road, approximately 390' north of Sandy Lake Road. Councilmember Reitman seconded
the motion; the motion to deny carried 4-3 with Mayor Pro Tem Robertson and Councilmembers
Sturges, Reitman, and Mayo voting in favor of the motion and Councilmembers Alexander,
Watson and Sheehan voting against the motion.
At this time the Council held a five-minute recess.
PUBIJC FleARInG:
To gather input concerning proposed assessments against abutting property
for the construction of a water line of East hithe Road.
Chuck MuHinax, representing the appraisers, addressed the Council. Mayor Morton opened the
Public Hearing and asked for those persons wishing to speak against this proposal. There were
none. He then asked for those persons wishing to speak in favor of this proposal. Again, there
were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve
Ordinance No. 95690 levying assessments against various persons and their property for the
payment of part of the cost of improving the water system of the City of Coppell (Fast Beltline
Road Project/WA 94-01). Councilmember Sheehan seconded the motion; the motion carried
7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
Discussion and consideration of an ordinance levying assessments against
various persons and their property for the payment of part of the cost of
improving the water system of the City of Coppert (East Beltline Road Project
gWA 94-01), and authorizing the Mayor to sign.
This item was approved in Item 13. See Item 13 for minutes.
CM01249S
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