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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.