ST8402-AG 900227AGENDA REOUEST FORM
;TEM CAPTION:
Consideration of street assessment ordinance for imgroving a portion of
Denton Tap Road fro~ Sandy Lake Road to Denton Creek, determining and fixin~
the portion of the project cos%s to be assessed against almtting property
owners and ca ing thereo~ STAFF
SUBMITTED BY: _ = _
'' (Director's Signature) F±nnnce
OTRER REP.:
B~VALUATION OF ITEM: DATE'- ....
AM ORDINANCE O1~ THE CITY OF COPPELL, TEXAS
ORDINANCE
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, SHOWING THE ESTIMATE
OF TOTAL COSTS OF ALL IMPROVEMENTS BASED UPON ACTUAL BIDS RECEIVED
AND ACCEPTED BY THE CITY, THE ESTIMATE OF SUCH COSTS TO BE PAID BY
DALLAS COUNTY, THE ESTIMATE OF COSTS TO BE THE RESPONSIBILITY OF THE
CITY OF COPPELL (HEREINAFTER CALLED THE "PROJECT COSTS"), THE ESTIMATE
OF THE PROJECT COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST
THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF AND THE
ESTIMATE OF VARIOUS OTHER COSTS, FOR IMPROVING OF A PORTION OF DENTON
TAP ROAD FROM SANDY LAKE ROAD TO DENTON CREEK IN THE CITY OF COPPELL,
TEXAS, AND OTHER MATTERS RELATED THERETO; DETERMINING AND FIXING THE
PORTION OF THE PROJECT COSTS AND THE RATE THEREOF PROPOSED TO BE
ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND
TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN
ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE
OWNERS THEREOF, FOR THE PART OF THE PROJECT COSTS APPORTIONED TO
THEM; ORDERING AND SETTING A HEARING AT 7:00 O'CLOCK P.M. ON THE
DAY OF , 1990, IN THE COUNCIL CHAMBER OF THE CITY COUNCIL
IN THE CITY HALL OF COPPELL, TEXAS, AS THE TIME AND PLACE FOR THE
HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY;
DIRECTING THE CITY SECRETARY OF THE CITY OF COPPELL, TEXAS, TO GIVE
NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, heretofore determined
the necessity for and ordered the improvement of Denton Tap Road fi'om Sandy Lake
Road to Donton Creek; and
WHEREAS, the City Council of the City of Coppell, Texas, heretofore caused to
be prepared an estimate of the cost of such improvements whieh said estimate was
determined and based upon actual bids received and accepted by the City; and
WHEREAS, the City Council of the City of Coppell, Texas, deems it necessary
to levy an assessment against the abutting property, and the real and true owners
thereof for a part of the project costs and set a public hearing thereon; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
The City Council of the City of Coppell, Texas, hereby finds and determines:
A. That in the fall of 1985, the City Council authorized Ginn, lne., to perform
a study to determine the estimated cost of construction and partial
reimbursement through street assessments for the improvement of Denton
Tap Road from Sandy Lake Road to Denton Creek. That the planned
improvements to the roadway was to include a six-lane divided concrete
roadway and bridges, with concrete curb and gutter, and storm sewer
improvements. That thereafter the City Council ordered the improvements
bid in accordance with the plans and specifications prepared by Ginn, Inc.,
the Engineer for the City (herein called "Engineer") anti approved and
adopted by the City Council. That based upon actual bids received by
the City Council establishing such estimate of' costs, the City Council
determined the necessity for the improvements, accepted the bid of the
responsible bidder submitting the lowest and best bid, ordered the
improvements, and eontraeted for eonstruetion of the same in the name
of the City.
B. That attaehed hereto as Exhibit "A", and made a part of this ordinance,
is the report prepared and filed by the Engineer for the City which shows
such estimates of costs of such improvements based upon the bid and final
contract for construction of said improvements, and the estimates of the
amount per front foot to be assessed against the property abutting said
street within the limits herein defined, and against the real and true
owners thereof.
SECTION 2.
The written statement and report of the Engineer showing the estimated total
costs of all the improvements based on bids received March 3, 1988, on the street
within the limits above defined, showing the estimated costs to be paid by Dallas County,
showing the estimated costs to be the responsibility of the City (hereinafter called
,,Project Costs"), showing the amounts per front foot proposed to be assessed against
the abutting property and the real and true owners thereof on the said street for the
Project Costs, showing the total estimated Project Costs o~ said improvements proposed
to be assessed against and paid by the abutting property and the real and true owners
thereof, and showing other matters relative thereto, having been received and examined
by the City Council, said report and estimates therein shown are hereby in ali things
approved and adopted; and it is hereby found and determined by the City Council that
the estimated amounts of the several respective items of costs of said improvements,
as above described, on said street are as is set out in the schedule attached hereto
and made a part of this ordinance.
SECTION 3.
A portion of the Costs of said improvements shall be paid and defrayed by County
bond funds and the City of Coppell, Texas, and a portion of the Project Costs shall
be assessed against and paid by the property abutting upon said street, within the limits
above defined, and the rea] and true owners thereof, in accordance with, and in the
manner provided by, Artiele 1105b of Vernon's Annotated Civil Statutes of Texas, as
amended; The total Project Costs as hereinabove described, shall be and the same are
hereby apportioned between said parties and she]] be paid and defrayed as follows:
A, The abutting property within the limits hereinabove defined, and the real
and true owners thereof, shall be assessed for and pay in aeeordanee with
the "front foot plan," that portion of the estimated Projeet Costs as shown
on the report of the Engineer whieh is attached hereto as Exhibit "A",
Said amount being calculated to be not more than all the costs of
constructing, reconstructing, repairing and realigning curbs, gutters and
sidewalks and nine-tenths of the remaining costs of such improvements as
shown by such estimate,
B, The City of Coppe]] shall pay all of the remainder of the Costs of said
improvements after deducting the amounts herein speeified to be paid by
bond proceeds and the abutting property and the real and true owners
thereof as set out in subparagraph A above,
C. There is ineluded within the meaning of the terms "cost" or "Projeet Costs,"
when such terms are used herein, all other costs and expenses incident to
the construction of the improvements, including engineering and inspection
expenses.
D. When the improvements herein ordered have been completed and aeeepted
by the City of Coppell, the amount of the assessment against each property
abutting thereon and the real and true owners thereof shall be and become
payable in eight (8) successive and equal semi-annual installments together
with interest on each installment from said date of aceeptanee until paid
at the rate of eight percent (8%) per annum; provided, however, that the
owners of any of said property shall have the privilege of paying all or
any of said installments at any time before maturity thereof, by paying
the total amount of principal of such installment together with the interest
accrued thereon to the date of payment. Further, if default be made in
the payment of any of said installments of principal or interest promptly
as the same matures, then at the option of the City or its assigns, the
entire amount of the assessment upon which default is made, together with
reasonable attorneys' fees and all collection costs incurred, shah be and
become immediately due and payable.
Provided, notwithstanding anything contained herein to the contrary, if
any tract or parcel of property abutting such improvements (called "Tract"),
or portion of the Tract, should after the date of acceptance, be sold or
have filed and approved by the City Council a final plat, the entire
assessment together with accrued interest thereon, against the Act shall
become immediately due and payable.
E. No 8szeasmeflt shall be made against any abutting property or the real and
true owners thereof of costs in exeass of the be. efits to much property
or owners thereof in e~hanced value thereof by means of such improvements,
as determined by the City Coanefl at the hearing. The amounts of such
assessments shall constitute a first and prior lien upon aH such properties
and a personal liability of the true and real owners thereof, whether
correctly named or not.
SECTION 4.
A hearing shall be held and notice given to the owners as shown on the City's
Tax Roll of property abutting upon Denton Tap Road within the limits set out above as
to the assessment and as to the amount to be assessed against each parcel of abutting
property, and the owners thereof, and as to the special benefits, if any, to said property
to be received from said improvements and concerning any error, invalidity, irregularity
or deficiency in any proceeding or contract with reference thereto or concerning any
matter or thing connected therewith, which hearing shall be held by the City Council
of Coppell, Texas, in the Council Chambers of the City Council in the City Hall in
the City of Coppell, Texas, at 7:00 o'clock p.m. on the day of ~,
1990, at which time and place all persons, firms, corporations, or estates owning or
claiming any such abutting property, or any interest therein, and their agents or
attorneys, and persons interested in said proceedings, shall be given an opportunity to
appear and to be heard in person, or by counsel, and may offer evidence; and said
hearing may in the sole discretion of the City Council be adjourned from day to day
and from time to time kept open, until all evidence and protests have been duly offered
and heard, and the City Secretary of the City of Coppell, Texas, is hereby directed to
give notice of said hearing by publication of notice in some newspaper of general
circulation in the City of Coppell, Texas; said notice shall be published at least three
(3) times in said newspaper before the date set for said hearing, the first of which
publications shall be at least twenty-one (21) days prior to the date of said hearing,
and such notice by publication shall be valid and sufficient, without any further form
or character of notice, as provided for by and in accordance with the terms and
provisions of Article l105b of the Revised Civil Statutes of Texas, as amended. Where
required by said statute, the City Secretary shah give additional written notice. However,
the City Secretary may, in addition to the contents of the notice of said hearing as
required by law which shall be for all purposes valid and sufficient in itself, include in
any one or all of the publications of said notice such further data and information
regarding such proposed improvements and assessments as the City Secretary may deem
proper, and such general statement in connection therewith as the city Secretary may
desire to acquaint those to whom the notice is directed with the facts and matters
concerning said improvements and assessments. This hearing may be held jointly with
any other assessment hearing that is called to be heard at the same time and place.
Testimony and evidence applicable to both hearings, such as the qualifieations of
witnesses who offer matters in connection with both hearings, may be considered a part
of both hearings.
SECTION 5.
Following such hearing as herein provided, the assessment will be levied against
said abutting property, and the real and true owners thereof, for that portion of the
costs of said improvements hereinabove determined to be payable by said abutting
property and the real and true owners thereof, which assessment shall be a first and
prior lien upon the abutting property and a personal liability and charge against the
real and true owners thereof. In levying the assessments, if the name of the owner
be unknown, it shall be sufficient to so state that fact, and if said abutting property
be owned by an estate or by a person, firm or corporation, it shall be sufficient to so
state that fact, and it shall be unnecessary to give the correct name of any such owner,
and no error or mistake in attempting to name the owner or in describing any of the
property shall invalidate any assessment or certificate issued in evidence thereof; but,
nevertheless, the real and true owners of said abutting property shall be liable, and
the assessment against the abutting property shall be valid whether or not such owner
may be named, or correctly named, or the property correctly described therein.
SECTION 6.
This ordinance shall take effect immediately from and after its passage as the
law in such cases provides.
DULY PA~]iD by the City Council of the City of Coppell, Texas, this the
day of , 1990.
APPROVED:
MAYOR
ATTEST:
APPROVED AS TO FORM:
~ CITYVAT~/I~NEY -
CO90-0204
CITY SECRETARY
ASSESSHEI~T CALCULATION
Total Estimated Construction Cost (low bid)
Less Non-Assessable items
$1,791,535.83
- 144,609.87
$1,646,925.96
Less Dallas County participation
Net Assessable Construction Cost
- 923,431.52
$ 723,494.44
Plus 90% of Engineering, Testing,
and Inspection Fees @ $229,979.37
Total Assessable Costs
Total Assessable Project Front Footage
Assessment Per Front Foot
$ 206,981.43
$ 930,475.87
7,34~.61 Ft.
$ 126.69
Please refer to the attached Engineer's Estimate for a more
detailed breakdown of the project costs. The Engineer's Estimate
was produced from the Original: Bid Tabulation Form and includes
the bid prices and quantities for the project.
Respectfully submitted,
GINN,/~NC. CONS.ULTING ENGINEERS
H. W~yne Ginn, P.E.
President
EXHIBIT
~1~ TAP ~ 1~L~15 F~S~E ~XD I0 DE~/~K~r~-~ - .-. · . - · :.
ICY
IcY
ICT
ISY
ICY
ITON
I~Y
ILF
ILF
SS.oo
4
~23 I
mo2 I
$3.000.00
$1.050.40
$1.461.00
$2,1o0.oo
$30,943.08
$10.130.40
$21,10$.00
36.212.55
115.465.6o
$6.645.00
$1,333.00
$3.510.00
$1.051.20
. $SS3.50
· * -RBfl P- s-w EA $o2 I So.oo s4.112.oo 34.330.80 I
&li.2 4 Traffic Bu~tm. ffhl.l(sing. .)( ) ..... ., 5,, flO 11.3 .SO I $1.200.60
~_1S.3 18' Trifftc 8ut:~l. ytl. Csiq.-Refl.)(P'lS-I-Y)l~ , St [ ),J.uu , ....... ~. 11.300~__..~,,
~ 101~ 9~[ BID S L~. PAYING · ' ' ~ ....................
~D~IRAGE I I Sl21.00 I
432.1 ICo~:re4e liF-~p Flume ICY
:s2.1 I4' x 4' ~3C
~E2.2 15' x 4' ~ec ICF
411.3 11' x l' RCOC
:E2.4 12 - l'x 4' Kcec ILF
:EZ.5 ~2 - I'x ~' ~'~C lLF
:S~.t ~21' I~,p, C11ss 1]1 ILF
:S~.3 130' ~P. C$&ss lit ILF
31
733 I
2ce 1
6o I
SES.O0
S326.00
$2S.00
331.00
361.315.00
$33.$00.00
Si2.0~E.O0
$24.241.0Q
$12.0~8.00
$1.05S.40
$1.~61.00
$2.100.00
$11.S10.10 I
$1.051.30 I
$63.315.00 I
$53,100.00 I S53.100.00
$42.048.00 I
$411.3~5.00 I
$11~,!52.00 I $11P.152,00
$04,21t.00 I
$S,llO.OO I
5.21 il0' I~ec'd·S"
:$.22 110. bc'd:'inTet (,~.
?S.SO ~T2' ~'d Jn~tt ~? *;*'
US.10 ITr~tCt~'SPTtCttr (Sci.
~a2.1 ~AdJusc Niter
~*, 4 [Irr~git~ C~ecct~ (16'
1502.3B
1503.2
It t.~ 12,1:o.oo I'* S2L22o.oo:t ! $::.~' :l ~'
2 I~.:' $2.5~4.00 I~: SS,OIl.lo I ' ~:t,~;*~ '.1
~ ~: $2,~5L00.1; ' $2,~5L00 I~
~ I ' S2,156.0~.1~ ~ S2.155.00'1 ~'~ ~ :l
11 ? $112.001 : 1~42.001, ?.~".'1
~1- s554.o0 I :$ts(.oo J : I
_. ~ ~. $]11.oo I $1,11~.o0 t $1.o01.1~ t
2 I S111.00 I $142.00 I $&61.80 [
) I fl56.00 I S5.124.00 I*' $5.15~.i0 I'"
5 I $511.00 I $~.~lO.OO ~ $5,1~L0o I
II $1,ooi.o0 I $1.oOl.O0 ~ $9o5.30 I
SIS& T $2.10 I $1t,lSG.&O I $12,135.36 I
31~1 s~.o0 I ' $1,~3~.00~ .*s1.020.s01-*
ol
el
1280
20o
el
ot
320
st.oo ~ $sst.oo
$1.50 I s0.00
$2.0o ~ $0.00
$1.10 J sl.341.$0
$2.00~ $100.00
$2.00 $0.00
11.00 SS~LOD
Si.e0 S0.00
$i.00 $0,00
S1.$0 $0.00
S~.00 so.e0
S).oo $o.oo
S5.OO $1.$oo.00
$11.0e~ -$215.00
$20.0O $0.00
$1,515.50
iALTEImATE lid TRENCH AN0 ~OPE EXC~YATt~ - TRLTCd S~F[TT
· ,1SOl.llCo~cr. P~op. Alt. Sho~tn9Aetho~ ' S' - 10' ILF I 0 I si,Do I
.1506.5TC~tr. ~op. Alt. S~h9 bt~ H · 15' - 20'~LF ~ 0 ~ S5.0Q I
'" iCOTlom~o0 et~:~ 91tIDGE I
tOO !UncTasstfted Straccuril E~cavatt~e ~CY I 51.1
· $5,011.001:, $5.015,00 I : :*' :" ::
S2;&$0.o0 J'. S$.s50.00 [:
$2,156.D0 ~ S2.155.00 I *":"
~:*S112.00 I $142.00 ]
$553.00 $554.00 I
... $1,001.10 I
... $5.~$1.60 ~
$3,016,o0 I
$50&.30 ~
$12,135.3[ I
$2,1~3.20 ~
1565.00 I $565.00 T
$o.oo I SO.0o I
S0.00 ~ . $o.oo I
$1.3(1.50 ~ $1,341.50 ~
SlO0.OO ~
$0.00 I
$0.00 I S0.00
S~56.00 I S356.00
S0.00 I $0.00
$2,68t.00 I
$600.00 J S500.00
S0.00 I
$0.00 ~ $0.00
$0.00 I $0.00 I
S1.~00.00 ~ $1.~00.00 ]
$215.00 I S215.00 I
so.o0 I $o.oo I
$0.o0 $1.515.5O t S1.51S.50 ]
I
so.oe I so.oo [ $o.o0 I 'so.oo
lQ.co ~ SLOg I $0.00 I $0.00
SO.O0 [ $0.00 ~ $0.00 I $0.00
$0.00 S0.00 $0,00 ~ ~O,oo
SUI.SO ~ S512.2~ ~ ~
IL~
ICY
~cY
ICY
ICY
I52.oo
$2o1.oo
12.oo!
I
o t
o ]
IO.O0
112,ISS.S4
IO.Oe
o t $.t.oo I $o.oo I so.so I Is.os I io.oo
r IOTAL BLUE 6ID (S U~E) Ii.?SS.~S.I) I IsT6,Sol.(I I iSlO.12).SO 1II,61S.12S.Is
IOTXL ESTi~,TED NET ~$~.,LSLE P~OJ[CT ¥~L~
~A¥~NO AND DDAINAGS ASSESSRENT ROLL
DENTGN TAP ROAD IMPROVEMENTS {FROM SANDY LAKE ROAD TO DENTON CREEK)
FROM STATION 166+58 TO STATION 203+29
tHlCE IS 3671 LINEtR FEET
WEST SIDE
PROPERTY OWNER PROPERTY DESCRIPTION
PRELIMINARY
PAVING &
ABUTTING DRAINAGE
FEET ASSESSMENT
SPECIAL BENEFIT
ENHANCEMENT
35 SOUTHLAND CORP.
ATTN: LEGAL DEPARTMENT
2828 N. HASKELL AVE.
DALLAS, TX 75204
G.W. JACK SURVEY, ABSY. 1694 40.91 $5,182.89
VOL. {
34 SKYEAWK VENTURE
CONNELL DEV. CO.
LO.BOX 541057
DALLAS, TX 75354
G.W. JACK SURVEY, ABST. [694
VOL. {80183, PG. 2709
395.82 $50,146.44
33 SKYRAWK VENTURE
AMERICAN STORES CORP. A STRATEGIS MGMT.
lBS S. STATE ST.
SALT LAKE, UTAH 84111
G.W. JACK SURVEY, ABST. 1694
VOL. lB0183, PG. 2709
35.00 $4,434.15
32 WILLIAM BOORREM, ET UX
8144 WALNUT HILL {297 LB9
DALLAS, TX 75221
G.W. JACK SURVEY, ARST. S694
VOL. {85111, PG. 1202
472.07 $59,806.55
31 GLEN A. & JOE C. HIRCKLEY
12201 MERIT OR. {170
DALLAS, TN 75251
G.W. JACK SURVEY, ABST. 1694
VOL. {73201, PG. 1722
213.81 $27,087.59
30 COPPELL INDEPENDENT SCHOOL DISTRICT
1201 WRANGLER DR.
COPPSLL, TX 75019
G.W. JACK SORVEY, ABST. {694
VOL. 87, PG. 1370
24.00 $3,040.56
29 CENTURY SAVINGS ASSOC.
P.O.BOX 856
BAYTOWN, TX 77522
G.W. JACK SURVEY, ABST. {694 104.73 $13,268.24
20 WILLIAM BOORREM, ET UI
8144 WALNUT RILL 1297 LB9
DALLAS, TN 75221
G.W. JACK SURVEY, ABST. 1694
VOL. 183065, PG. 2949
211.10 $26,744.26
27 ADO DEVELOPMENT CORP.
LO.BOX 25625
ALBUOUEROUE, NM 87125
G,W. JACK SURVEY, ANST. S694
VOL. {88103, PG. 2326
1437.92 $182,170.08
26 THE CITY OF COPPELL
P.O.BOl 478
COPPELL, TN 75019
CLARINDA SOUIRES SURVEY, ABST.{1327
D.A. & M.G.R.R SURVEY, ABST. {1430
VOL. {83005, PG.3569
739.44 $93,679.65
SUBTOTAL 3674.8 $465,560.41
ASSESSMENT FIGURES DETERMINED BY MULTIPLYING ABUTTING FEET BY $126.69 WHICH IS BASSO ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.
DENTON TAP ROAD IMPROVEMENTS (FROM SANDY LAKE ROAD TO DENTON CREEK)
FROM STATION 166.58 TO STATION 203+29
WHICH I$ 3671 LINEAR FEET
PAVING &
ABUTTING DRAINAGE
# PROPERTY OWNER PROPERTY DESCRIPTIOH PERT ASSESSMENT
23 PARRS OF COPPELL TRUST
5956 SHERRY LANE I1000
DALLAS, TX 75225
$.l. & M.G.R.R. SURVEY, ABUT. i1430 2408.19
VOL. t76188, PG. 2355
$30E,0~3.59
SPECIAL BENEFIT
ENHANCEMENT
PARKWAY BLVD.
24 AB0 DEVELOPMENT CORP.
P.O.BOX 25625
ALBUOUEROUE, NM 87125
D.A. & M.G.R.R. SURVEY, ABUT. 11430 08.07 $11,157.59
D.A. & M.G,R.R. SURVEY, ABUT. {1430 545.91 $69,161.34
VOL. #B4123, PG. 1279
25 CITY OF COPPELL
P,O.BOI 478
COPPELL, TX 75019
D.A. & M.G.R.R. SURVEY, ABUT. {1430
CLARINDA SOUIRES SURVEY, ABUT.{1327
VOL. {76188, PG. 2355
627.64 $79,S15.71
SUBTOTAL 3669.81 $464,928.23
** ASSESSMENT FIGORES DETERMINED BY MULTIPLYING ABUTTING FEET BY $126.69 WHICH IS BASEH ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED.
*** ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANSEMENT STUDY.