Connell Skaggs (7-11)-AG 900517MOTICE OF STREET ASSESSMENT
R '29 :00 -DETR
8791 2 2.W/17/90
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That the duly elected and constituted City Council. of the .C4y.of.Goppeil, :Texas,
meeting in regular session on April 10, 1990,..passed ,City of Coppell Ordinance No.
90473r a ,copy of which is attach ed. hereto and .made a art of notice for' alI
p this no
purposes, levying assessments for the payment of a portion of •the cost of improvements
to Denton. Tap Road from Sandy lake Road to .Denton Creek in the ``City o €- Coppell,
Dallas.•County, Texas, and fixing a charge and•lien against property within
in6t the abuttin
the4imits of said street improvements and, the real and true owners thereof in accordance'
with, and in, the manner provided by Article 1105b, Vernon's Annotated Civil, Statutes
of Texas, as amended:
The portion of said public street so`Amproved` is described in- Schedule,! 'of- said'
City p County, Texas, within one.;or
" ordinance and is located 'in the `Cit of Co pall, Dallas, Coup ,
more, of, -the following sIurveys: .
S.A. & M.G.R.R. Survey A bstract No: 1430
,
a.
Clarinda,. Squires Survey Abstraet'No. 1327
G. W. Jack Survey Abstract No. 69.4
in addition' to the above mentioned description, Schedule 1, of said ordinance
rcontains ip _ .parcel of• property' abutting, the street, a' description of
.e ^des_r tion o£�pach
the properly owners of each abutting parcel of, property as listed - an the City's tag
:roll, the number of •abutting Ieet• of each• abutting par- eel,•'and the "net assessmentT.
levied in connection with each parcel of, property.
Sho
_ uld ,there .. be an error in a. description of any abutting parcel, °the general ,
description off the street project shall controL,and. take. precedence so that all assessment
900,x.7 32.2.E
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r
Schedule C — Requirements
I
Item # ��
r
ff-
liens shall attach to, all, parcels abutting Denton Tap Road ,within the: limits of the
project, as such abutting parcels •actually. exist.
Said ordinance'further provides that the portion, of .the egst of said-.improvements
.designated on,Schedule 1 of said ordinance as the "N•et Assessment" for each parcel of
abutting property is specifically assessed as a lien upon such parcel of; property abutting
p a personal liability against the owners
the street, •or • portion thereof improved,, ' and • is
of 'such abutting property.
WHEREFORE, the City of Coppell, Texas,, acting by and through its City: Council,
has 'caused this notice to be signed •b; the Cityr•Secretary, in the name of the; City of
PP y Coppell,
Coppell, Texas, and to have the official -seal of the City. of Co Texas he
affixed this the _ day of May, 1990.
CITY" OF COPPELL, TEXAS
" .. Dorothy Timm Secretary .
is
- ACB:NOWLEDGffiENT
STATE-'OF TEXAS 4.
COUNTY' OF DALLAS §
BEFORE ME, ithe. undersigned, authority,,on this, day personally appeared. Dorethy
Timmons;•" City. Secretary: of -the • City of Coppell, Texas, known to me: to 'be the person
whose name "is. subscribed to-the foregoing instrument, and acknowledged to -me that
she ° executed' the same as the, act and deed of the •City of Coppell, Texas, for the -
purposes -and' consideration therein expressed and in the capacity therein. stated.
GIY N' UNDER MY HAND AND SEAL OF OFFICE this the day of
1990.
NotaryTPublic, State OF Texas
My 3Commission Expires-
RAWY Pte. auto of Tam "' .
... , " AAy CoOfM�elOrt E7ghes 7.1680 • <
90".037 3 -c2
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.AN ORDINANCE 'OF THE _=Y OF COPPELL, TEXAS
ORDINANCE NO.
AN. ORDINANCE" OF THE -CITY. 07 COPPELL, TEXAS,'LEVYING, ASSESSMENTS
FO'R THE PAYMENT OF A' PORTION OF ` THE COST OF THE LNJPROVEMENTS TO
DENTON TAP 'ROAD FROM SANDY LASE 'ROAD .TO DENTON CREEK, •IN THE CITY
OF COPPELL, TEXAS, AS_ : MORE -PARTICULARLY ' DESCRfBED HEREIN; FIXING A
CHARGE AND I —EN AGAINST' THE SAID PROPERTIES, "AND. THE REAL AND TRUE
OWNvRS THEREOF; PROVIDING FOR THE- ISSUANCE OF ASSIGNABLE CERTIFICATES,',
.UPON THE COMPLETIO PROVIDING
FOR •THE
N AND ACCEPTANCE OF THE. VPORK; PR
MANNER, TIME, AND METHOD OF PAYMENT,, AND THE" METHOD OF
COLLECTION " "
OF THE ASSESSMENTS AND CERTIFICATES; .PROVIDING A SEVER-ABILITY CLAUSE;
-AND DECLARING AN EFFECTIVE -DATE..
WHEREAS, the ,City Council of the City of • Coppell, Texas, heretofore. determined
the necessity •for and ordered- the improvements to Denton Tap•'•Eoad from Sandy- Lake
Road .to Denton Creek; and
WHEREAS, the 'City Corm it -of the City • of, Coppen, Texas, heretofore • caused to
. , ^ .
ia
as"
bei e �� aef the cost �� ovema n �•said ests te,
t ed by , the .Ci ty; and
deter�tned and based upon bids r ec and aee p
WHEREAS, y . of ,Coppell, -Texas, by , Ordinance No.
REAS, the. City Council of .the'.Ci
90 -468, ordece •a public`.hearuig be held and •notice given to
'the owners,.as shown '
f *.r d that
+ abuttin said portion.-of Denton Tap Road •withi
on .the' City s'tax:roll, of property g''
J the e
'• dole 1 attached
limits set out' above, all as more, specifically described; us Sche
-:hereto,- is, ,to' the assessment •'and as to ,the amount to be assessed against each •parcel
g as to
., of. owners thereof, and eial� benefits, if any
' y Pe � , to'
abuttin property, the`. the s'
said property -to. be received from said improvements and concerning any, error invalidity,
�.
irregularity or deficiency in any proceed'ing..or contract with reference thereto; and
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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 f,
alt. 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 tol offer evidence; and
WHEREAS, on March „9, March 16, and March 23,'1990, notices were published
t.
in the official newspaper of the .City of Coppell, Texas, in alr:'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, 199.0, 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 gddressed, to the
owner -of each abutting property within, the limits of the prop, ty, p
er as.such �ownershi
is shown, on the City's most- current tax roll; NOW, THEREFORE.,
BE IT ORDAINED .BY THE CITY COUNCIL -OF THE. CITY OF COPPELI:; 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.
,. after the.•hour•o. 7:00•o cl p
off , ock :ni., • ,
Ii. That on the .27th day' of Mareh,•�1931] ,
the public . hearing was" opened., and held in accordance with
the shove
mention ordinance and notice, �at which time .and place an
o r�tunat
mentioned ;
was given for all interested parties to offer -evidence. At the hearing
the following. appeared, testified, and offered evidence:,
1. Lawrence W1 Jackson, City Attorne
y, testified as to -certain
procedural- matters occurring up -to, the -date' of the hearing; and
testimony,conclu
.. .T hu'' ' ded that in his opinion, 'all requirements
based on ..
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of Article 1105b, Vernon's Annotated Civil Statutes of Texas, ,had
been satisfied up to the date of the 'hearing.
2. Mr. John Karlsruher, 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-improvement's .and %offered Exhibit
"A -2!' containing the engineer's' report and- assessment roll.
3. .,
Mr. James W. Collar, Jr,,, of 'Evaluation Associates, the, appraisal, •
• consultants -who conducted : the project enhan cement study for•..the
City of. Coppell testified that he did in'faet 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
o in tons concerning, the, evaluaticb,and enhancement of the properties
in question. ° Thereafter, the; owner or representative of each,
property, appearing 'at. said public hearing was called, and Mr. CuIIar
offered evidence concerning each, property 'which'sod testimony was
followed by the testimony of the owner or representative. The
following owner or° representative, appearing and offering evidence
�.`
at said, poblie hearing was as _ follow .
a'
..,
Mr.' Glen Befickley representing Trac f.31
T `
W. Collar, Jr., then t R
Mr. James_ estified that Exhibit B-2" contained '.
his wri *_ten:,opinion ,concerning cement he found for each rI
-,. oncernin the enhan
property abutting Denton T Roa&from Sandy.Lake •goad to "Deatort
g
Creek, includin g the, properties about which he had previous, y
covered in • oral • testimony, and, said Exhibit "S-2" was offered as
opinion and, testimony concerning: all the prooerti
his .wrttten p g es
covered by the enhancement study abutting said roadway
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4. Mr. Frank Trando,. Director of Finance••for the City of 'Coppell,
Texas, identified Exhibit-'!'C-211., as, a document` which combined the
calculated front toot. construction cost estimates prepared by the
City's engineer and the, findings of Evaluation Associates,' special
benefits study (said Exhibit -B-2,!) top which he had added . an
additional column entitled "net • assessment." -Mr., Trando testified
that the net • assessment .calculation -, con ihined'in. Exhibit °C-2" was
based u n the lower• of the t which -was the' maximum
� two-amounts, whi
y taking 'consideration
. amount the City could levy and assess•," takin ut
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''pact of the record of the public hearing Exhibits• "A =2;''
and - "D-1" which •said Exhibits .-were' so received..
6. Thereafter, the public 'participation_' part of the hearing 'was• closed
and co'uncilmember Bill Smothermon made the following •motion:
"I make the , following 'motion as to the. properties Abutting. Denton
Tap •goad from .Sandy' Lake ' Road to, Denton Creel;. I move' that
Ty City's Exhibit "C -2° be made
the -net .assessments, contaifte in the C�
against the. arc forth" on said 'Exhibit
g p
. - e3s and the owners - thereof: sat ,• ,
and that .the "��Cit .of the City ,of Cop ,ell, finds that thee:
City Council
amount of these net .assess
° menu against each parcel and the owners;
thereof, does not exceeii the •special`DetseFi2s in - enhanced .value bq
means of the improvements' in this project:. Provided, however, the
assessment ordinance shall' not levy the, assessment against those
prope where the. assessment -has been paid In advance, e
_ - sties „ nce, wh re .
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:SECTION 2.
Based on thedoregoing; the public hearing is closed.and all. protes ts •and,objection's
whether. speeifieallymentioned '-at
-the public hearing or. not; be, grid the same sre tierepy
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immediately due and payable. Provided, notwithstanding-anything. contained,
G
herein -to the -contrary, if I any tract or, pareel .of. property abutting • such
improvements (called "tractK� 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 acerucd 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, ar4, 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 shallebe 'executed
by the Mayor and attested by•the City:•Secr.etary,by.:their respective mutual
fa ..
csimile signatures,,. with the corporate seal affixed, and shall be payable
to the City of Coppell, . Texas. "Said . certificates to be issued. , after, the
com p letion and acceptance, by the City
of.' Coppell, .Texas; of the
im p rovements. , Said•,certifi eat es shall declare the am ounts. ass essed, and`
the time and terms` of. • payment thereof, ,.the z rate of interest payable
thereon, the date of the completion and acceptance: of atie improvements'
ed, and shall, con • of the
..: Pain the name
for which the certificate . >s issued. _
apparent owner or owners• as, accurately as pr acticable,-and the' `description,
f.• the _ o rty •.assessed: y d • block, number; .or front
„ prpe b"
" t foot thereof,
o lot an
or sueh other description as may otherwise- identif • the. same, and- if , said
property. shall be owned by an estate; or firm,'then.to so "state he fact
shalg be •sufficient, and no error or mistake in -describing any, such ' property
or giving the name,or:any-o'wnxr• or owners, or. otherwise, shall•im,anywise
invalidate, or impair, the. assessment levied hereby or , the certificate issued '
in .evidenee,' -thereof. Said. •certificate shall further provide substantially ,
:a
T3 35
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that if default shall be made -in the, payment ,af any installment or principal
or interest -then 'due, then at the option -of the • CitY,'•of Copped, Texas, or
�, assessment evidenced
its assigns, or the •holder, thereof,; the• whole of such:
thereby shall'at once become due and•pagable and-shall *be, collectible with
reasonable attorney's fees and all expenses and costs of collection, if
inaurred; and said certificate shall set forth and - evidence the.•-,personal
liability -of the real and true .owner or owners of such. property; whether
named br 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, char ges, except for, rad
..valorem .taxes,, and from'
and after the date- said improvements were.ordefed.'by the ,City •Council
and •shall provide in effect that:if default shall be•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 o
- pr vided for the collection of ad valorem .taxes as above ,
recited;,.,or by -suit in any court having' jurisdiction. ,Said certificate shall
,, ,
further recite in effect that all , proeeedin
gs with reference, to making
said improvements have been regula6ly bad -in .compliance with the law
" enforced•in' said': City and the .pro gs the',City�, Council of said City
ceedfn of
and.,fhat `al, prerequisites to the fixing of .t ment hen against the
he assess -
,
property, and. ��o'ficate, have been re larl done.-and perfo
na1.La¢iltq of the real and true - owners
evidenced "by, such.. certi gu y rmed,
','Which, � recitals 'shall. be evidence of ad the, .. matters •and facts so recited,
r • ; of shall be required � in Any court.` .
-and• no iurthe..proof there
certificates shalf-�C'urther . provide,- in effect,- the City of Co
Satd PPS.
Texas, :shall exert quested to do so by
. exercise all lawful' powers, when re
the holder of said• certificates, to, aid, in the enforcement' and collection
eACg /TRC: nar.r-ac Doc: 000978791 Date: 05/17/1990 Vol: 0090097 Page: 03227 Pages 10 Of 15
SECTION 6.'
: Al hsuch•a sgessments.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, m y gular'ity '
may not be 'named or correctly "named,, and an sre m
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 irr 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 im t
„ he - certificate issued
may be, but is not required to . be ` . order to be, enforceable
m evidence.• thereof, m .•in
corrected at any time by the ' City Council of. 'the. City of Coppell, Texas.
The °assessments levi ed. by •this ordinance:, 'been in aecrordanee.with ^
•the. Home'; Rule Charter of °the ,City• of Coppell; 'Texas, and Article' 1105b,srnon�s'
A-n
notated Civil' Statutes of'Texes.'
-
SECTION .-T.
-h
y ntion of` the City -Council o_' the City of
It �• hereby -,declared to be 'the mte of
'the
Texas, that the
Ppell,.• ,sections, paragraphs, sentences, clauses, and phrases of this
ordinance are sev use, sentence, paragraph or section hereof,
arable, and if any .phrase, clause, gr
unconstitutional nality or
Mould be declared or otherwise invalid, such unconstitutio
'Invalidity shall not g p sentences
Inv affect any-of the remainm hrases,�elauses,• ,Paragraphs , •
or sections of this ordinance, -since the same would have'been, enacted by the City
S.'O D9:7- 32:37
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- •PAVING IND 1111HIOB ASSESSMENT.6QLL
DEETON•?IP 10ID'IHPSO48HBYTS (FROM S16DY LIKE ROAD TO.DEM11 CREEL)
nUN "STATION 166+58.70 STATION 201+29
MCI IS 3571 LINEAR FEET
NEST SIDE
ii
_PRELIMINARY
US
PAVING £
.PRELIMINARY '
41UNING
8111610E .'SPECIAL BENEFIT
NET` .
PROPERTY. OYNER
PROP:17Y DESCRIPTION'
PERT
ESSEBSNENT,
BVIANCBMENT
ISSESWRT
35 SOUTHLAND CORP.
G.N. JACK` SURVEY, LEST. 1694
40.91 -.
$5,182.89
513,300:00
55,182 89
1170; LEGAL DSPIRTNBET
VOL. #
:2828. 1. NISLELL`IVBw
DALLAS, YL 75204,
34 SLYEAYL VENTURE
G.Y. JACK SURVEY, IBS?. 1691
395.826
.
550;14 .44
S43,54640
'543;590 "00
CGNNBLU DEV: CO.
.VOL« 180183, PG. 27G9
5141057
D ALLAS, 75354
33 sMin VENTURE
'S.L JACK SURVEY; ASST. 4694 �
35.00
54,1X.15
S1,540.00 '
540 .00
AMERICAN STORES CORP. A'STRITSCIS,KNIT.
VOL. #8D163, PG. 2709
115-5. STATE ST.
SILT LANE, no 69111
.32 WILLIAM . BOORHBN, ER DL
G.V, JACK SURVEY, AEST.• #644
472.07
"559.806-.§5
$9,440.00
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DALLAS, TL •75221
ILBY
JOB C. NIBC -
31,GLEH,A•,8 J
SURVEY, LIST. # 694
.213.81
527;087.59
"' .$4,280.00•
54 ,280.00
12201. HEAT D1. #17D
VOL. #7m0] , PG..1722 ,
DALUSy .TL 75251,
29.CBNTORY " SAVINGS' ASSOC-
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suaP6Y, a
104.73
S13,268.24,
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54,191 0,
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BAYTOYE, T% 77522 ' F
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.00
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ASF.3SSHBN7 FIGURES DEBT N E0.8Y NULTIPLYIIG IEUTlIN¢ FEET BY S126.64
•IHIC EIS BASED OR ESTIMATED
COESTBUCTIO1aCOSTS• DET ED norm
LOV'DID RECEIVED.'
f° AS9ESSNENT- FIGURES' DOMMIREU SHIED ON INITIAL'ENHINCENENT STUDY,,
`
- SCSEDUL•e "1 gage-2 of
2
3 7 324V
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