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ST8201-AG 900410Re~_v. 4~24~89 . ' ~M CAPTION: the public hearing on the assessments, levying ~rtto~f ~h~ of the ~mprovemen5s ~oad to Sandy Lake Road~and fixing a charce ~nd ,- ~w~ +r~owners thereof. ......... ~>~- -~ R~P.: Frank Tr~ndo~. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING ASSESSMENTS FOR THE PAYMENT OF A PORTION OF THE COST OF THE IMPROVEMENTS TO DENTON TAP ROAD FROM BELT LINE ROAD TO SANDY LAKE ROAD IN THE CITY OF COPPELL, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN; FIXING A CHARGE AND LIEN AGAINST THE SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF THE WORK; PROVIDING FOR THE MANNER, TIME, AND METHOD OF PAYMENT, AND THE METHOD OF COLLECTION OF THE ASSESSMENTS AND CERTIFICATES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, heretofore determined the neeeessity for and ordered the improvements to Denton Tap Road from Belt Line Road to Sandy Lake Road; and WNEREAS, the City Council of the City of Coppell, Texas, heretofore caused to be prepared an estimate of the cost of such improvements which said estimate was determined and based upon actual bids received and accepted by the City; and WHERBAS, the City Council of the City of Coppell, Texas, by Ordinance No. 90-468, ordered that a public hearing be held and notice given to the owners, as shown on the City's tax roll, of property abutting said portion of Denton Tap Road within the limits set out above, all as more specifically described in Schedule i attached hereto, 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; and WHEREAS, such hearing was held in the council chambers of the City Council of the City of Coppell, Texas, on the 27th day of March, 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, were given an opportunity to appear and be heard in person, or by counsel, and to offer evidence; and WHEREAS, on March 9, March 16, and March 23, 1990, notices were published in the official newspaper of the City of Coppell, Texas, in all things /iq required by law, of the date, time, and place and subject of the public hearing to be held on March 27, 1990; and WHEREAS, on March 12, 1990, individual notices substantially the same as the notice published in the official newspaper of the City, were deposited in the United States mail, first class mail, certified mail, return receipt requested, addressed to the owner of each abutting property within the limits of the property, as such ownership is shown on the City's most current tax roll; 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 the recitals hereinabove set forth are true and correct. B. That on the 27th day of March, 1990, after the hour of 7:00 o'clock p.m., the public hearing was opened and held in accordance with the above mentioned ordinance and notice, at which time and place an opportunity was given for all interested parties to offer evidence. At the hearing, the following appeared, testified, and offered evidence: 1. Lawrence W. Jackson, City Attorney, testified as to certain procedural matters occurring up to the date of the hearing, and based on his testimony concluded that in his opinion, all requirements of Article l105b, Vernon's Annotated Civil Statutes of Texas, had been satisfied up to the date of the hearing. Mr. John Karlsruher, representing Ginn, Inc., the City's engineer in connection with the project testified concerning the role Ginn, Inc., played in regard to the assessment project, and facts regarding the nature and estimate of costs of the improvements and offered Exhibit "A-I" containing the engineer's report and essessment roll. Mr. James W. Cullar, Jr., of Evaluation Associates, the appraisal consultants who conducted the project enhancement study for the City of Coppell testified that he did in fact conduct the enhancement study for the City and flow he and his organization approached the enhancement study, including the methodology used to arrive at opinions concerning the evaluation and enhancement of the properties in question. Thereafter, the owner or representative of each property appearing at said public hearing was called, and Mr. Cullar offered evidence concerning each property which said testimony wes followed by the testimony of the owner or representative. The following owners or representatives appearing and offering e¥idenee at said public hearing were as follows: Mr. Dan Donavan, attorney for property owner Belknap Properties, representing Tracts 15 and 17, offered evidence and called upon Mr. Robert Glenney, Mr. Ralph Belnap, and Mr. Bob Martin. Mr. Ron Van Ness, owner of Tracts $ and 11. Mr. Glen Henckley representing Tracts 20 and 22. Mr. Joe Bob Fikes representing Tract 3. Mr. J. C. Thweat representing Tract 43. o Mr. James W. Cullar, Jr., then testified that Exhibit "B-I" contained his written opinion concerning the enhancement he found for each property abutting Denton Tap Road from Belt Line Road to Sandy Lake Road, including the properties about which he had previously covered in oral testimony, and said Exhibit "B-i" was offered as his written opinion and testimony concerning all the properties covered by the enhancement study abutting said roadway. Mr. Frank Trando, Director of Finance for the City of Coppell, Texas, identified Exhibit "C-I" as a document which combined the calculated front foot construction cost estimates prepared by the City's engineer and the findings of Evaluation Associates' special benefits study (said Exhibit "B-I") to which he had added an additional column entitled "net assessment." Mr. Trando testified that the net assessment calculation contained in Exhibit "C-i" was based upon the lower of the two amounts, which was the maximum amount the City could levy and assess, taking into consideration the amount of special benefits (or enhancement) to each property. The Mayor and City Attorney then asked if anyone else wished to testify. There being no one else to testify, the City Attorney offered as a part of the record of the public hearing Exhibits "A-l," "B-l," and "C-1" which said Exhibits were so received. Thereafter, the public participation part of the public hearing was closed and councilmember Bill Smothermon made the following motion: "I make ~the following motion as to the properties abutting Denton Tap Road from Belt Line Road to Sandy Lake Road. I move that the net assessments contained in the City's Exhibit "C-1" be made against the parcels and the owners thereof set forth on said Exhibit and that the City Council of the City of Coppell finds that the amount of these net assessments against each parcel and the owners thereof does not exceed the special benefits in enhanced value by means of the improvements in this project. Provided, however, the assessment ordinance shall not levy the assessment against those properties where the assessment has been paid in advance, where levy of the assessment is prohibited by law, prior contract or existing City policy." SECTION 2. Based on the foregoing, the public hearing is closed and all protests and objections, whether specifically mentioned at the public hearing or not, be, and the same are hereby overruled and denied. SECTION 3. There is hereby }evied and assessed against the respective parcels of property herein described and abutting upon said street improvements, within the limits herein defined, and against the real and true owners of such property, whether such real and true owners be named, or correctly named, or said property be correctly described herein or not, the several sums of money hereinafter mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each, and the several amounts assessed against the same, and the true and correct owners thereof, all as more specifically described as set out in Schedule 1 attached hereto and made a part hereof for all purposes. Each of the assessments set forth on Schedule 1 are no greater than the special benefits in enhanced value by means of the improvements accruing to each parcel and the real and true owners thereof. SECTION 4. The assessments levied by this ordinance are for a portion of the costs of said improvements and are assessed against the abutting property within the limits hereinabove defined and the real and true owners thereof are in accordance with, and in the manner provided by Article 1105b, Vernon's Annotated Civil Statutes of Texas, as amended, and in aeeordanco with the "front foot plan" established in said statute, said amount being not more than all the costs of constructing, reconstructing, repairing or realigning curbs, gutters, and sidewalks and nine-tenths (9/10) of the remaining costs of improvements as shown by the estimated cost of such improvements. No assessment, except for assessment against railways and two (2) feet on either side thereof, L~ made against any abutting property, or the real and true owners thereof, of costs in excess of the benefits to such property or owners thereof in enhanced value thereof by means of such improvements as determined by the City Council at the public hearing on March 27, 1990. SECTION 5. The several sums set forth on Schedule i assessed against the abutting property and real and true owners thereof whether said owners be named or correctly named, or the said properties be correctly described herein or not, together with interest thereon at the rate of eight percent (8%) per annum, with reasonable attorney's fees and all costs and expenses of collection, if incurred, are hereby declared to be made a first and prior lien upon the respective parcels of property against which the same are assessed from and after the date said improvements were ordered by the City Council and are a personal liability and charge against the real and true owners thereof, whether or not such owner or owners be named, or correctly named herein, paramount and superior to all other liens, claims or titles, except for lawful ad valorem taxes; and that the sums so assessed shall be payable to the City of Coppell, Texas, a municipal corporation, or its assigns, to wit: A. In eight (8) successive equal semi-annual installments together with interest on each installment from said date of acceptance until paid at the rate of eight percent (8%) per annum; provided, however, that the owner 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 interest accrued thereon to 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 attorney's fees and all collection costs incurred, shall 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 date of acceptance be sold or have filed and approved by the City Council a final plat, the entire assessment together with accrued interest therein against the tract shall become immediately due and payable. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates may be issued by the City of Coppell, Texas, which certificates shall be executed by the Mayor and attested by the City Secretary by their respective mutual facsimile signatures, with the corporate seal affixed, and shall be payable to the City of Coppell, Texas. Said certificates to be issued after the completion and acceptance by the City of Coppell, Texas, of the improvements. Said certificates shall declare the amounts assessed and the time and terms of payment thereof, the rate of interest payable thereon, the date of the completion and acceptance of the improvements for which the certificate is issued; and shall contain the name of the apparent owner or owners as accurately as practicable, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or giving the name or any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. Said certificate shall further provide substantially that if default shall be made in the payment of any installment or principal or interest then due, then at the option of the City of Coppell, Texas, or its assigns, or the holder thereof, the whole of such assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and a lien upon such property, and that said lien be first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, and from and after the date said improvements were ordered by the City Council and shall provide in effect, that if default shah be made in the payment thereof, the same may be enforced, at the option of the City of Coppell, Texas, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificate shall further recite, in effect, that all proceedings with reference to making said improvements have been regularly had in compliance with the law enforced in said City and the proceedings of the City Council of said City and that all prerequisites to the fixing of the assessment lien against the property, and the personal liability of the real and true owners thereof evidenced by sueh certificate, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. Said certificates shall further provide, in effect, that the City of Coppell, Texas, shall exercise all its lawful powers, when requested to do so by the holder of said certificates, to aid in the enforcement and eolleetion thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificate shall be in the exact form as set out above, but the substance and effeet thereof shall suffice. Further, the failure to issue such certificates shall in no way invalidate any of the assessments herein levied, but such assessments shall, in any event, be due and payable as herein provided. SECTION 6. Ail such assessments levied are and shall be a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner or the description of any property or the amount of any assessment, or in any other matter or thing, shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistal~e, error, invalidity or irregularity, whether in such assessment or /n the certificate issued in evidence thereof, may be, but is not required to be, in order to be enforceable corrected at any time by the City Council of the City of Coppell, Texas. The assessments levied by this ordinance have been adopted in accordance with the Home Rule Charter of the City of Coppell, Texas, and Article l105b, Vernon's Annotated Civil Statutes of Texas. SECTION 7. It is hereby declared to be the intention of the City Council of the City of Coppell, Texas, that the sections, paragraphs, sentenceS, clauses and phraseS of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 8. Any ordinance or parts of ordinances of the City of Coppell in conflict with any provision or provisions of this ordinance are hereby amended to the extent of such conflict, so that the same shall hereinafter conform to the provisions of this ordinance. SECTION 9. This ordinance shall become effective and be in full force and effect from and after its passage as the law in such cases provides. DULY PA~SED AND APPROVED by the City Council of the City of Coppell, Texas, this the day of April, 1990. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CO90-0403 CITY SECRETARY SCHEDULE 1 Street assessment roll of property abutting Denton Tap Road from Belt Line Road to Sandy Lake Road (from Station 89+82 to Station 162+27.70) located in the City of CoppeLl, Dallas County, Texas, within one or more of the following surveys: MeKinney & Williams Survey Abstract No. 1054 Edward A. Crow Survey Abstract No. 301 J. A. Simmons Survey Abstract No. 1296 SCHEDULE 1 Page 1 of 5 PA¥I#G A#D DRAI#AGE ABSESBME#T ROLL DENTON TAP BOAD IMPROVEMEMTH IFEOM BELT LIVE ROAD TO SAMDY LAKE EOAD} FROM STATION 89+82 TO STATIO# 162+27.70 WEICN IS 7245.7 LINEAL EEET EAST SIBE PAVING & PRELIMIMAU AEU~ING DBAI#AGE SPECIAL BEMEFIT PROPERTY OWNER PROPERTY DESCRIPTION PEET ABSESBMEWT ENNANCEMEN? 1 WILLIAM G. TEOMPSON 8333 DOUGLAS AVE. { 1510 DALLAS, TI 75225 2 VANTAGE RBSIOEETIAL 8144 WALNUT HILL {550 DALLAS, TX 75231 ST. LOUIS & SOUTEWESTERN RAILROAD 3 NORTBLAKE NURSERY & LANDSCAPING 794 DENTON TAP RD. COPPELL, TX 75019 4 WILLIAM G. THOMPSON 5 8333 DOUGLAS AVE. {1510 DALLAS, TX ?5226 6 RONALD O. VAN NESS 114 MASON CT. COPPELL, TZ 75019 MCKINNEY & WILLIAMS SURV ABST.{1054 VOL. {80106, PG.1302 & VOL. {?5252, PG. 2031 622.23 $80,118.33 $52,270.00 S§2,270.00 MCKINNEY i WILLIAMS SURV ABET.BI054 165.42 $21,299.48 S12,900.00 MCKINNEY & WILLIAMS SURV ASST.{lOB4 103.53 813,330.52 MCKINNEY & WILLIAMS SURV ABET.BI054 585.46 $?5,383.83 VOL. {86109, PG. 0882 MCKINNEY & WILLIAMS SURV ABET.BI054 986.66 S12%042.34 EDWARD A. CROW SURVEY, ABET. {301 VOL. {84076, PG. 5591 Si?,560.00 S36,950.00 S12,900.00 S13,330.52 $17,560.00 S36,950.00 180.31 S23,216.72 S1,080.00 S1,080.00 7 STEVEN CARL PARSONS 102 MEADOWCREBK {101 COPPELL, TX 75019 EDWARD A. CROW SURVEY, ABET. {301 VOL. {84181, PO.lO44 120.49 $15,514.29 $2,060.00 $2,050.00 9 NCNB Nancy Guters EDWARD A. CROW SURVEY, ABET. {301 206.62 $26,604.39 S16,?00.00 P.O. BOX 830106 VOL. {, PG. DALLAS, TX 75283-0106 10 WILLIAM C. ETEARMAN III, D.V.M. 504 8. DENTON TAP COPPELL, TX 75019 1i ROANLD D. VAN NBSS 114 MASON CT. COPPELL, TX 75019 EDWARD A. CROW SURVEY, ABET. {301 VOL. {79061, PG. 1084 EDWARD A. CROW SURVEY, ABET. {301 VOL. {81079, PG 2244 $16,?00.00 i50.00 $19,314.00 S11,400.00 $11,400.00 13 EDWARD EUGENE & WILLIAM DAVID UADDY EDWARD A. CROW SURVEY, ABET. 8301 142.66 2241 ROYAL LANE VOL. {80120, PO. 2525 DALLAS, TX 75229 SCHEDULE 1 Page 2 of 5 S18,368.90 $10,270.00 S10,270.00 67.81 $8,731.22 $2,710.00 S2,710.00 14 NORTHLA[E MOODLAMDS CMN?ER 7TH NLS REALITY {226 P.O. BOX 758 HOUSTON, TX ??001 EDWARD A. CROW SURVEY, ABST. {301 VOL. {81234, PO, 1447 15 LUCY FIELD BELNKAP, LUCY ROSE MAYFIELD & EDWARD A. CROW SURVEY, ABET. {301 17 MARY JO DELAHAYE VOL. { PO. 3900 SHENANDOAH DALLAS, TX 75200 i8 COPPBLL BANK NATIONAL AHSOCIATIOM FDIC 0080 SPECTRUM IO00E DALLAS, TX ?5248 EDWARD A. CROW SURVEY, ABST. {301 VOL. {85141, PO. 3007 19 BRAMWOOD CENTRE TEXAS AMERICAN BANK DALLAS P.O.BOX 35207 DALLAS, TX 75235 EDWARD A. CROW SURVEY, ABET. I301 VOL. 184241, PO. 1666 21 TOWN OAKS CENTRE LOT 3 MINYARD PROPERTIES ATTN: REAL ESTATE P.O.BOX 518 COPPELL, TX 75019 EDWARD A. CROW SURVEY, ABET. {301 VOL. 842{8, PO. 5137 124.09 916,093.71 1435.88 S184,883.91 200.00 S25,7§2.00 495.30 $63,?74.83 286.64 S36,90%77 $9,000.00 $111,160.00 $11,§00.00 $41,610.00 S45,570.00 $%000.00 $111,160.00 S11,500.00 841,610.00 SUETOTAL 5874.00 S756,336.24 ASSESSMENT FIUURES DETERMINED BY MULTIPLYINO ABUTTIHO FEET BY $128.76 WHICH IS BASED ON ESTIMATED CONSTRUCTION COSTS DETERMINED FROM THE BOW BID RECEIVED. ASSESSMENT FIOURES DETERMINED BASED ON INITIAL ENHAHCEMENT STUDY. 9381,730.00 S386,398.29 SCHEDULE 1 Page 3 of 5 PAVING AND DRAINAGE ASSESSNBNT ROLL DENTON TAP ROAD INPROVEMENTS IPROM BELT LINE ROAD TO SANDY ~ANE ROAD) ~ROM STATION 80%82 TO STATION 162+27.70 WHIC8 IS 7245.7 LINEAL FEET WEST SIDE t PROPERTY OWNER PROPERTY DESCRIPTION PAVING & PRELIMINARY ABUTTING DRAINAGE SPECIAL BENEFIT NET FEET AHSESRMBNT ENHANCEMENT ASSESSMENT NORTHLAND ESTATES A.D.GADDY & HENNY DAVIS 9817 KINGSLEY RD. DALLAS, TX 75238 ST. ~UIH & SOUTHWESTERN RAILROAD P.O.BOX 1319 HOUSTON, TX 77251-1319 45 BAPTIST FOUNDATION OF TEXAS 2001 BRYAN 41500 DALLAS, TX 75201 44 DENTON TAP JOINT VHNTURE 102 MBAOOWCREBK RD. {i01 COPPELL, TX 75019 43 JOSEPH COLLUM THWEATT RT. 1 BOX 188 COPPELL, TX 75019 42 JOSEPH COLLUM THWEATT RT. 1 BOX 188 COPPELL, TX 75019 41 COMMODORE SAVINOS ASSOCIATION P.O.BOX 2910 DALLAS, TX 75221 39 H.T. ARDINGER, JR. 9040 GOVERNORS ROW DALLAS, TX 75247 38 SANDY LANE CROSHINO, LOT 5, BLOCK A KENTUCKY FRIED CHICKEN P.O.BOX 35420 LOUISVILLE, KY 40232 d.A. SIMMONS SURVEY, ABET. 11296 VOLUME 45, PAGE 65 J.A. SIMMONS SURVEY, ABET. 41296 J.A. SIMMONS SURVEY, ABET. 41296 VOL. {67199, PG. 0785 EDWARD A. CROW SURVEY, ABET. 1301 VOL. 184038, PG. 3474 EDWARD A. CROW SURVEY, ABET. t301 VOL. {77093, PS. 0009 EDWARD A. CROW SURVEY, ABET. 1301 VOL. t89, PG. 2382 EDWARD A. CROW SURVEY, ABET. {301 VOL. {88002, PO. 3006 EDWARD A. CROW SURVEY, ABET. 1301 VOL. t80198, PO. 3516 EDWARD A. CROW SURVEY, ABET. 130i 753.58 $97,030.96 $29,390.00 $29,390.00 103.53 $13,330.52 S13,330.52 1208.11 $155,556.24 $77,320.00 $77,320.00 033.07 $6S,638.09 $12,260.00 S12,260.00 1540.19 S198,314.R6 $16,800.00 S16,800.00 1032.79 $132,982.04 $21,480.00 $21,480.00 033.92 S107,375.54 $33,360.00 $33,360.00 704.38 $90,695.97 $56,350.00 $56,350.00 163.49 $21,050.97 $26,320.00 $21,0§0.97 37 SANDY LAKE CROHSING, LOT i, BLOCK A EDWARD A. CROW SURVEY, ABET. 4301 105.00 MCDONALDS CORP. TR. (MCDONALDS-VOL { ,PG. ) AMF OHARH P.O.BOX 66207 SCHEDULE 1 Pa ge 4 of 5 CHICAGO, IL 60666 S25,108.20 $35,800.00 $25,108.20 36 D&MDY LAKE CROSSING, LOT 3, BLOCK EXXON CORP. P.O.BOX 53 ~OUSTON, TX 77001 EDNARD A. CRON SORVEY, AB~To {301 19.83 $2,553.31 {BXXON TRACT-VOL. t__, PO. ) $17,680,08 $2,553.31 SUBTOTAL ?087.89 $912,636.72 S326,840.00 S309,003.00 ASBESSMENT FIOURBB DETERMINED BY MULTIPLYINO ABUSING FEET BY S128.76 WHICH IS BASED ON BBTIMATED CONSTRUCTION COST DETERMINED FROM THE LOW BID RECEIVED. ASSESSMENT FIOURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY. SCHEDULE 1 Page 5 of 5