WA9401-CS 940415LAWRENCE W. JACKSON
ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G, SMITH
DAVID M, BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, Dr[LARD, 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
April 15, 1994
Ken Griffin
City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas
75O19
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 built, 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.
AGG054AD
Ken Griffin
April 15, 1994
Page 3
RLD/ckh
cc: Jim Witt
City Manager
Very truly yours,
NICHOLS, JACKSON, DILLARD,
Robert L. Dillard, III
AGGO56AD