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WA9401-CS 940826TO.' Peter Smith, City Attorney MEMORANDUM Fromi Kenneth M. Griffin, P.E., Assistant City Manager/City Engineer RE: E. Beltline Waterline Assessments L~/~ Date: August 16, 1994 This memo is written in response to your April 15, 1994 letter concerning the process for the assessment of abutting property for the improvements to the water system. The general scope of the project is the construction of 12' and 8" water lines along the south side of Beltline Road. The water line will be bored beneath Beltline at the east end of the project and terminate on the north side of Belfline at Johnny Thompson's property. Attached to this memo is an Engineer's estimate for the total construction cost. I'm unsure if you can include the cost of the boring beneath Belfline in the assessment calculations because it is not adjacent to any property. However, once the system is looped on the north side of Beltline westward to future Fairway Drive, the boring will have a benefit to the property on the south side of Bel~ine. In the event you can not use the boring, I have adjusted the Engineer's estimate to include the items which in my opinion should be included in the assessment calculations. I Quantitys included in assessment calculations ITEM QUANTITY UNIT COST TOTAL COST ENG. EST. (see attached) 8" Pipe 2461 L.F. $26 63986 65182 12" Pipe 1178 L.F. 37 43586 43586 8" Valve 5 EACH 850 4250 5950 Rexon. 2" Service N/A N/A N/A 1000 Bore Beltline N/A N/A N/A 23560 Air Release Valve 2 EACH 3500 7000 7000 2" Blow Off 1 EACH 1000 1000 1000 Fire Hydrant I EACH 2500 2500 2500 S UBTOTAL 122322 149778 10% Incidentals 12232 14978 If you should have any questions, please contact me at your convenience to discuss them. UNIT PRICE BID SCHEDULE EAST BELTLINE ROAD WATER LINE INSTALLATION BASE BID Item No. Quantity Unit Description and Price in Words Unit Total Price Price 2507 L.F. 8" PVC Water Pipe Complete in Place and per L.F. Dollars Cents 2 1178 L.F. 12" PVC Water Pipe Complete in Place and per L.F. Dollars Cents 435 6 7 Each 8" Gate Valve Complete in Place and per L.F. Dollars Cents S,ff50 4 1 Each Reconnect existing 2" Service Line & Reset Water Meter Complete in Place Dollars and Cents per L.F. ICvo" 10oo°°-.% 5 235.6 L.F. Bore & Install Pipe beneath Beltline Road Complete in Place and per L.F. Dollars Cents oO XoO Bidding and Contract Documents 18 Item No. Quantity UNIT PRICE BID SCHEDULE EAST BELTLINE ROAD WATER LINE INSTALLATION WA 94-01 BASE BID Unit Description and Price in Words Unit Total Price Price 6 2 Each Air Release Valve Complete In Place and per each. Dollars Cents ~5 O0 0°' 7 1 Each 2" Blow Off Complete In Place and per each. Dollars Cents JO0o 00_ I 000 ~ 8 1 Each Fire Hydrant w/Gate Valve Complete In Place and per each. Dollars Cents x5oo 9,soo TOTAL BID ITEMS 1 THRU 8 TANGIBLE PERSONAL PROPERTY COST $ Signature: oO 3 Bidding and Contract Documents I 1 LAWRENCE 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 Nord~ 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 April 15, 1994 Ken Griffin City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: East Beltline Road Water Transmission Main Dear Ken: The City Manager has asked that we review the procedure for the assessment of abutting property owners for improvement to the water system by the construction of the referenced main. He has asked that we prepare the proper legal notices that will permit the City to move forward with the project. He directed that we advise you of any information we would need from you in order to complete such notices. Under Chapter 402 of the Texas Local Government Code, the City Council may determine to levy an assessment against abutting property owners and their properties to defray a portion of the cost of water improvements. Section 402.064 requires the City Council to pass an ordinance or resolution declaring the need for the improvements, stating the general nature and extent of the improvements and directing that detailed plans, specifications and cost estimates for the improvements be prepared and submitted to them. That Section also provides that the cost of the improvements may be wholly paid by the City or partly by the City and partly by the benefitted property and its owners. If part of the cost is to be paid by the benefitted property, the Council must prepare an estimate of the cost of the improvements. This must be done before the construction of any improvements and before the hearing required for the levy of assessment. In connection with these matters, please give me a memo stating the general nature and extent of the water line improvements planned for this section of East Beltline Road. Also, please advise me of the City's policy with regard to assessment AGG054AD Ken Griffin April 15, 1994 Page 2 of the estimated costs. Obviously, you will also need to prepare an estimate of the costs so that we can take the succeeding steps. If I have these items, I can prepare the ordinance or resolution declaring the need for the improvements under Section 402.064. Once the estimate of costs has been prepared, you can apportion the assessments as provided by City policy and by Section 402.066. This means that the percentage that is to be assessed against an abutting property can be used and applied to the cost amount using the front foot rule. Once that list of properties has been determined, with legal description and names of the owners, you can compile a list of what is proposed to be assessed against each property. This is compiled, with the information required by Section 402.067, into a notice of proposed improvements and intent to levy or assess a lien. This notice is executed and recorded in the deed records and gives notice of the proposed lien on each property. All property, including school and church property, is subject to the assessment, with the exception that homestead property is not subject to a lien under this procedure. However, the owner of such property is personally liable for the assessment and the City may refuse water service to the owner until the assessment made against the property is paid. The other steps in Chapter 402 come sometime in the future and we can get into those as we get to that point. One key step in the determination of the proposed assessment for each property is that you must determine the amount of special benefit that will be enjoyed by each property by this improvement. That is, you must have a separate appraisal made to determine the increase in value of each property by virtue of the water line improvements to be made. For example, if a property that is worth $10,000 as of now is worth $11,000 when the water line is buiit, then the City may assess not more than $1,000 as the property's proportionate share of the total cost of the improvements. Please let me know if you have any questions or want to discuss what is necessary at this time to prepare the initial ordinance or resolution declaring the need for the improvements. AGGO54AD Ken Griffin April 15, 1994 Page 3 RLD/ckh cc: Jim Witt City Manager Very truly yours, NICHOLS, JACKSON, DILLARD, Robert L. Dillard, III AGG05~AD