WA9401-CS 941025LAWRENCE W, JACKSON
ROBERT L. DILLARD III
ROBERT E HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-3333
Fax (214) 954-3334
JOHN F. ROEHM III
KATHERINE G. ROSE
ROBERT L. DILLAFID. JR,
H. LOUIS NICHOLS
OF COUNSEL
October 25, 1994
Kenneth Griffin
Assistant City Manager
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Dear Ken:
Enclosed is a Resolution for the City Council's consideration to accept the estimate
of costs, determine a proposed assessment and cell a public hearing with regard to the
East Belt Line Road water line improvements (WA94-01).
It is my suggestion that the agenda item could mad: "Discussion and approval of
Resolution No. accepting the Engineer's estimate of cost for the East Belt Line
Road water line installation 0NA94-01), determining the necessity for an assessment of
a portion of the costs against the benefitted properties, providing for notice, and public
hearing to determine an assessment; approval of Notice of Proposed Improvements."
In addition to the Resolution, with Exhibits "B" and "C" attached, I am enclosing the
Notice of Proposed Improvements which must be signed by the Mayor and filed with the
County Clerk of Dallas County after this Resolution is passed.
Although you stated the City did not have a current assessment policy, Section
402.065 of the Locel Government Code limits the City to assessing not more than 9/10
of the estimated cost of these improvements against the benerred property and the
owners of that property, but the assessment may not be in excess of the enhancement
Of value of the property ceused by the improvements. The statute also provides that the
assessment is to be in accordance with the front foot rule, that is that the costs am
apportioned against each property in accordance with the number of lineal feet that the
parcel abuts on the public street.
To further assist you, these are the next steps you will need to take:
1. Post the quoted agenda item, including the proposed Resolution.
Kenneth Griffin
October 25, 1994
Page 2
.~/~City Council should enact the Resolution on November 8.
When the Resolution has been passed, the Mayor can execute the Notice
of Proposed Improvements.
~q;///Once signed by the Mayor, the Notice of Proposed Improvements should
be filed with the County Clerk of Dallas County.
~,/'~The public hearing will be called by the Resolution and it will be necessary
The public hearing is conducted at the time and on the date set by this
Resolution. It will be necessary to have your appraiser complete his work
prior to the public hearing and be prepared to testify at the public hearing
that the amount of the assessment proposed against each property in his
opinion will be less than the enhancement of value of the property caused
by the improvements.
7. After conduct of the public hearing, the City Council will by ordinance close
the public hearing and levy the assessment for the improvements. That
~o -}1,,~ ordinance will also be recorded in the Deed Records of Dallas County to
b~e,,., J o~ ~ ~ give public notice of the levy of the assessment and notice of the resulting
lien on the property. I assume that none of these are homestead
properties.
Although it is not required, the City may issue assignable certificates for the
purpose of enforcement of the assessment. The assessment is a first and
prior lien on the assessed property and the date relates back to the date
that the Notice of Proposed Assessments is filed.
Calculation of Mr. Thompson's property should be included because it is benefitted
by this water line. I understand no levy of assessment will be made against his property
because an agreement has been made that his pro rata shara will be paid by the City as
a part of a settlement of a law suit.
I see no reason that you can't go ahead and award the construction project that
the November 8 Council meeting because the hearing can be conducted afterwards and
the assessment levied.
Kenneth Griffin
October 25, 1994
Page 3
Please let me know if you have any other questions on these matters at this time.
Very truly yours,
RLD/ckh
Enclosures
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Robert L. Dillard, III