ST8505-AG 861028 (2)The City With A Beautiful Future
P.O. Box 478
Coppell, Texas 75019
214 - 462 - 0022
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, Dorothy Ti~mons, the undersigned, City Secretary of the City of
Coppell, Texas, a municipal corporation, in the performance of the
functions of my office, hereby certify that the attached copy is a full,
true and correct copy of Ordinance Number ~ ~ ~ ~ l' approved by
the City Council of the City of Coppell on the ~'I "/ day of
.... ~ , 19~!-, as the same appears of record in the official
Ordinance Book of the City, and that I am the lawful possessor and have
legal custody of the City records.
Witness my hand and seal of office at my office in Coppell, Texas
this the ~/~ day of ~c~, 19 ~f.
City Secretary
CITY SECRETARY FORMS
0288M(2)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS LEVYING
ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR
THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING
PORTIONS OF THE FOLLOWING STREET IN THE CITY OF COPPELL,
TEXAS, TO-WIT:
BELT LINE ROAD NORTH AND SOUTH FROM INTERSTATE 655 TO BELT
LINE ROAD EAST AND WEST, AND A PORTION OF DENTON TAP ROAD
FROM BELTLINE ROAD EAST AND WEST TO NORTH OF SOUTHWESTERN
BLVD. AND,
PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND
PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN
AGAINST SAID PROPERTY AND MAKING SAID CHARGE A pERSONAL
LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON
SAID STREET, AND PROVIDING FOR THE COLLECTION THEREOF,
PROVIDE A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Heretofore a resolution was duly adopted by the
City Council ordering the improvements of Belt Line Road
North and South from Interstate 635 to Belt Line Road East
and West and a portion of Denton Tap Road from Beltline Road
East and West to north of Southwestern Blvd. by filling,
raising, grading, and paving same; and,
WHEREAS, Pursuant to said resolution, specifications and
an estimate of the cost of such improvements were prepared
for said work by the Consulting Engineer filed with said
Council, examined, approved, and adopted by it, all ds
required by applicable law: and,
WHEREAS, In compliance with the law SVB Real Property
Services Company, for and on behalf of the City of Coppell,
Texas, prepared statements or lists showing the names of
property owners upon said street, the description of their
property, the total cost of the said improvements, the cost
thereof per front foot and cost to each property owner, said
statements possessing all the other requisites required by
law; and,
WHEREAS, Thereafter the said statements were filed with
the City Council and by them examined and approved and a
resolution was passed by said Council determining the
necessity of making an assessment for part of the cost of
said pavement against property owners and their property, and
fixing a time and providing for a hearing to such property
owners, all in accordance with the terms of applicable law,
at which hearing said owners were to be heard as to the
benefits of the said improvements to their property, as to
any error or ~nvalidity in said proceedings, or to any matter
or thing connected with the said improvements; and,
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WHEREAS, The said resolution in connection with the
improvement of said street was duly adopted in compliance
with the law on the 23rd day of September, 1986; and,
WHEREAS, In accordance with the terms of the law, and as
directed by the City Council of the City of Coppell, Texas,
SVB Real Property Services Company in conjunction with the
City Secretary of the City of Coppell, for and on behalf of
the City of Coppe11, Texas, gave notice to the property
owners on said street of said hearing, by advertizement
inserted three (3) times in the Citizen's Advocate, the
official newspaper of the City of Coppell, on September 26,
1986, October 3, 1986, and October 10, 1986, the first such
publication being at least twenty-one (21) days before the
date of the hearing; and SVB Real Property Services Company
in conjunction with the City Secretary, for and on behalf of
the City of Coppell, Texas, gave additional written notice of
the hearing by depositing in the United States mall, at least
fourteen (14) days before the date of the hearing, written
notice of such hearing, postage prepaid, in an envelope
addressed to the owners of the respective properties abutting
said street, as the names of such owners were shown on the
then current tax rolls of the City of Coppell and at the
addresses so shown; provided, however, that any failure of
the property owners to receive said notices shall not
invalidate these proceedings; and,
WHEREAS, Said hearing was had at the time and place
mentioned in the said resolution and notice, to-wit, on the
21st day of October, 1988, at 7:30 o'clock p.m.,and as
continued on the 28th day of October at ?:30 o'clock p.m. at
the Council Chamber in the Gity Hall of the City of Coppell,
Texas, which hearing was then closed; and,
WHEREAS, At said hearing, all desiring to contest the
said assessments, correct the same, or tn any manner be heard
concerning the benefits thereof, or in any related matter,
were heard, and errors and all matters of error or mistake or
inequalities or other matters requiring rectification which
were called to the attention of the Councll were rectified
and corrected;
Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the action of the City Council closing the
hearing and overruling the protests where no change or
revlston was made by the City Council, at the public hearing
on the 21st day of October, 1986, and continued on the 28th
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day of October, 1986 in these proceedings ts hereby ratified
and confirmed by this ordinance. That the Olty Oounctl, from
the evidence, finds that the assessments herein levied should
be made and levied against the respective parcels of property
abutting upon the street heretnbelow mentioned and against
the owners thereof; that such assessments and charges are
right and proper, and are substantially in proportion to the
benefits to the respective parcels of property by means of
the improvement in the unit or district for which such
assessments are levied, and establish substantial Juettce,
equality, and uniformity between the respective owners of the
respective properties and between all parties concerned,
considering the benefits received and burdens imposed. The
Council further finds that in each case the abutting property
assessed is specially benefited in enhanced value to the said
properties by means of the said improvements tn the unit or
district upon which the particular property abuts, and for
which assessment is levied and charge made, in a sum in
excess of the said assessment and charge made against the
same by this ordinance. The Council further finds that the
apportionment of the cost of the Improvements ts in
accordance with the law in force in this City and that the
proceedings of the City heretofore had with reference to said
improvements are in all respects valid and regular.
SECTION 2. There shall be and ts hereby levied and assessed
against the parcels of property heretnbelow mentioned, and
against the real and true owners thereof (whether such owners
be correctly named herein or not), the sums of money below
mentioned and itemized shown opposite the description of the
respective parcels of property, and the several amounts
assessed against the same, and the owners thereof, as far as
such owners are known, being as follows:
ASSESSMENT RATE: $130.56 PER FRONT FOOT
NAME/ADDRESS BLK/LOT FRNT/FT ASSESSMENT
AMOUNT
Hattie M. Lesley 1521/10,12,9,2
Rt. 1 box 82 4, and 4.84 ac
Coppell 75019 56/1
4,084.07
$ 533,216.18
Texas Utilities
2001 Bryan Tower
ste 2035
Dallas 75201
1521/8465/1
1521/8463/1
4,768..21
$ 622,537.49
First Security Ban
1000 S. Belt Line
Coppell 75019
Coppell Hts.
Lots 1,2,3,4,
14,15,16,17
400.00
$ 52,224.00
Ronald D. Van Ness Coppell Hts. 100.00
114 Mason Ct. Lot 5
13,056.00
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Coppell 75019
Joseph/Jerry Hogan
4517 Fremont Ln.
Plano 75075
NorthLake Greative
Learning Center
924 $. Belt Line
Coppell 75019
3827 Acre Partner-
ship
Box C
Celina 75009
Chevron USA, Inc.
Box 285
Houston 77001
Mobil Oil Co.
Box 290
Dallas 75212
James Whitehead
7515 Greenville
#605
Dallas 75231
Wm. G. Thompson
910 Two Turtle
Creek Vlg.
Dallas 75217
Coppell Hts.
Lot 7
Coppell Hts.
Lot 8
Coppell Hts.
Lot 9
Coppell Hts.
Lot 9A
1054/Lot 1
1054/5.2
1054/5
100.00
100.00
169.77
376.94
388.58
54.48
22.80
$ 13,056.00
13,056.00
22,165.17
$ 49,213.98
$ 50,733.00
$ 7,112.90
$ 2,976.77
Cowboy Carwash
2752 Newcastle
Grapevine 76051
A.E. Gaddy/
Henry Davis
9816 Kingsley
Dallas 75238
Dairy Queen
Box 20798
Dallas 75220
Southwestern To~rn
Lot
Box 959
Tyler 75710
Coppell Hts.
Lot 6
North Lake Est
Lot 36
North Lake Est.
Lot 37
1296/15
100.00
35.00
115.00
2,885.99
$ 13,056.00
$ 4,569.60
15,014.40
$ 376,794.85
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Connell
Development CO.
Box 201069
Dallas 75220
56/6 & 6.1
2,883.95
$ 376,528.5!
TOTAL PROPERTY OWNERS' COST - ASSESSMENTS
$2,165,310.85
TOTAL CITY OF COPPELL COST
$3,056,388.43
TOTAL COST OF IMPROVEMENTS
$ 5,221,699.28
SECTION 3. Where more than one person, firm or corporation
owns an interest ~n any property above described, each said
person, firm or corporation shall be personally liable only
for its, his or her pro rata of the total assessment against
such property in proportion as its, his or her respective
interest bears to the total ownership of such property, and
its, his or her respective interest in such property may be
released from the assessment lien upon payment of such
proportionate sum.
SECTION 4. The several sums above mentioned and assessed
against the said parcels of property and the owners thereof,
and interest thereon at the rate of Eight per cent%ua (8 ~)
per annum, together with reasonable attorney's fees and costs
of collection, if incurred, are hereby declared to be and are
made a lien upon the respective parcels of property against
which the same are assessed, and a personal liability and
charge against the real and true owners of such property,
whether such owners be named herein or not, and the said
liens shall be and constitute the first enforceable lien and
claim against the property on which such assessments are
lev~ed, and shall be a first and paramount lien thereon,
superior to all other liens and claims except State, County,
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School Dtstrlct and City ad valorem taxes.
The sums so assessed against the abutting property and the
owners thereof, shall be and become due and payable as
follows, to-wit, in eight (8) semi-annual installments, the
first payable on or before thirty (30) days after the
acceptance of the completed improvements by the City, and one
(1) installment each semi-annually thereafter until the total
amount is paid; deferred payments shall bear interest from
the date of such completion and acceptance at the rate of
eight per centum (8 ~) per annum, payable semi-annually with
each installment, so that upon the completion and acceptance
of the improvements in a particular unit or district,
assessments against such completed and accepted unit or
district shall be and become due and payable in such
installments, and with interest from the date of such
completion and acceptance. Provided, however, that any owner
shall have the right to pay the entire assessment, or any
Installment thereof, before maturity, by payment of principal
and accrued interest, and further provided that if default
shall be made in the payment of any installment of principal
or interest promptly as the same matures, then the entire
amount of the assessment upon which such default is made
shall, at the option of the said City of Coppell, or its
assigns, be and become immediately due and payable, and shall
be collectible, together with reasonable attorney's fees and
costs of collection, if incurred.
SECTION 5. That if default be made in the payment of any of
the said sums hereby assessed against said property owners
and their property, collection thereof shall be enforced
either by suit in any court having 3urisdiction or by llen
foreclosure.
SECTION 6. That for the purpose of evidencing the several
sums payable by said property owners and the time and terms
of payment, and to aid in the enforcement thereof, assignable
certificates may be issued by the City of Coppell upon the
completion and acceptance of the said work of improvement,
which shall be executed by the Mayor, signing the same or by
his facsimile signature impressed thereon, attested by the
City Secretary, under the impress of the corporate seal, and
shall be payable to the City of Coppell, or its assigns,
which certificate shall declare the said amounts and the time
and terms of payment thereof, and the said rate of interest
payable thereof, and shall contain the name of the owner and
the description of his property by Lot or Block Number of
front feet thereof, or such description as may otherwise
identify the same by reference to any other fact, and if said
property shall be owned by an estate, then the description
thereof as so owned shall be sufficient.
And the said certificates shall further provide that if
default shall be made tn the payment of any Installment of
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principal or interest thereon, when due then at the option of
the said City of Coppell being the owner and holder thereof,
the whole of the said assessment shall at once become due and
payable and shall be collectible with reasonable attorney's
fees and costs if incurred.
And the said certificates shall further set forth and
evidence the said personal liability of the owner and the
lien upon his premises, and shall provide that if default
shall be made in the payment thereof, the same may be
enforced as above provided.
And the said certificates shall further recite that the
proceedings with reference to making said improvements have
been regularly held in compliance with the terms of the
applicable law, and that all pre-requisites to the fixing of
the lien and claims of personal liability evidenced by such
certificates have been performed, which recitals shall be
prima facia evidence of the facts so recited and no further
proof thereof shall be required.
That the said certificates shall also provide the
amounts payable thereunder shall be paid to the Director of
Finance of the City of Coppell, who shall credit said
payments upon the said certificates, and shall immediately
deposit the amounts so collected with the City Treasurer of
the City of Coppell, to be kept and held by him in a special
fund, which is hereby designated as PAVING SPECIAL ASSESSMENT
FUND 101 and which payments shall be by the Treasurer paid to
the said City of Coppell or other holder of the said
certificates, on presentation thereof to him, duly credited
by the Director of Finance, the said credit by said Director
of Finance being the Treasurer's Warranty for making such
payment and the said City of Coppell or other holder of said
certificate, shall receipt in writing to said Treasurer when
paid in full, together with all costs of collection.
And the said certificates shall further provide that the
City of Coppell shall exercise all legal power, when
requested so to do by the holder of said certificate, to aid
in the collection thereof; but the City of Coppell shall in
nowise be liable to the holder of said certificates in any
manner for payment of the amount evidenced by the said
certificates or for any costs or expense in the premises, or
for any failure of the said City Council or any of its
officers in connection therewith.
Full power to make and levy assessments, and to correct
mistakes, errors, invalidities or irregularities, either in
the assessments or in the certificates issued in evidence
thereof, is in accordance with the law in force in this Glty,
vested in the City.
SECTION 7. All assessments levied are a personal liability
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and charged against the real and true owners of the premises
described, notwithstanding such owners may not be named, or
may be incorrectly named.
SECTION 8. The assessments herein levied are made and levied
under and by virtue of the terms, powers and provisions of an
Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of
the Acts of said Session, with amendments thereto, now shown
as Article l105B of Vernon's Texas Civil Statutes, which said
law has been adopted as an alternative method for the
construction of street improvements in the City of Coppell,
Texas.
SECTION 9. The assessments so levied are for the
improvements in the particular unit or district upon which
the property described abuts, and the assessments for the
improvements tn one unit or district are in nowise related to
or connected with the improvements in any other unit or
district, and in making assessments and in holding said
hearing, the amounts assessed for improvements in one unit or
district have been in nowise affected by any fact in anywise
connected with the improvements or the assessments therefore
in any other unit or district.
SECTION 10. That the City Manager, or his designee, is
hereby authorized to execute releases of any paving
assessment liens herein levied and assessed against the
parcels of property and owners thereof, if same are fully
paid, such releases to be approved as to form by the City
Attorney and attested by the City Secretary.
SECTION 11. If any article, paragraph or subdivision, clause
or provision of this ordinance shall be adjudged invalid or
held unconst~tutional, the same shall not affect the validity
or this ordinance as a whole or any part or provision
thereof, other that the part so decided to be invalid or
unconstitutional.
SECTION 12. This Ordinance shall take effect immediately
from and after its adoption as the law in such cases
provides.
DULY PASSED by the City Council of the City of Coppell, Texas
this the 28th day of October, 1986
Mayor, City of Coppell, Texas
ATTEST:
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ATTEST:
APP OVED AS TO FORM:
~~1, Texas
SVB'10-28-86'
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