WA9401-CS 940922LAWRENCE 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. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
September 22, 1994
Ken Griffin
City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: East Belt Line Road Water Transmission Main
Dear Ken:
I am in receipt of your memorandum of August 16, 1994, with regard to this
subject.
Your memorandum outlines that the project is the construction of twelve (12") inch
and eight (8") inch water lines along the south side of Belt Une Road.
The first step that is necessary under Chapter 402 of the Local Government Code ~o~ ,4ot4
cost of the improvements.
The next step is for the City Council to receive the estimated cost of improvements
and to adopt the same and again indicate its intent to levy an assessment for the cost of
the improvements against the benefitted property and the owners. At that same time, the
City Council should direct the filing of a notice stating the .necessity of the improvements,
identifying the location, stating that a portion will be assessed against the benefitted
property and describing the property. I will need all that information to accomplish the
second step. After that is done and the plans and specifications are ready, the Council
can call a public hearing on the assessment.
For now, I recommend you place+ this resolution on the Council agenda for
approval and proceed on to determine the property descriptions and ownership of the
properties which you believe will be assessed in this project. As to the City's assessment
AGG05E01
Ken Griffin
September 22, 1994
Page 2
policy, Section 402.065 of the Local Government Code provides that the City may assess
not more than 9/10 of the estimated cost against the beneffited property. Some cities
have a policy which split that 9/10 between the abutting owners on each side of the line
and the City. At a minimum, the City will be required to pay 1/10 of the cost. The City
may currently have an assessment policy with regard to streets. If the City has not
heretofore assessed abutting owners for water line improvements, the Council should
probably determine its assessment policy during the second step outlined herein. The
percentage and amount of assessment should be incorporated into the notice of lien to
be filed at the time the cost estimate is accepted and adopted by the City Council.
Please let me know if you have any other questions at this time.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Robert L. Dillard, III
RLD/ckh
Enclosure
AGG05E01