ST8201-AG 900227ITk~ CAPTION: Consideration of
of Denton Tap Road [ro~ Beltline
the portion Of the pro~
and calling a public hear/ag
SUBMITTED BY:
EVALUATION OF ITEM:
LEGAL REVIEW B~f:
AN ORDINANCE OF TEE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COFPELL, 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 AGAINST RAILWAY 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 BELT LINE ROAD TO
SANDY LAKE ROAD 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 RAILWAY PROPERTY, AND THE REAL AND
TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN
ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND RAILROAD 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.
WHEREA~, the City Council of the City of Coppell, Texas, heretofore determined
the necessity for and ordered the improvement of Denton Tap Road from Belt Line Road
to Sandy Lake Road; and
WHEREAS, 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
WHEREAS, the City Council of the City of Coppell, Texas, deems it necessary
to levy an assessment against the abutting property and railroad 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 l.
The City Council of the City of Coppell, Texas, hereby finds and determines:
A. That in the fall of 1985, the City Council authorized Oinn, Inc., to perform
a study to determine the estimated cost of construction and partial
reimbursement through street assessments for the improvement of Oenion
Tap Rond from Belt Line Road to Sandy L~ke Road. 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 Oinn, Inc.,
the Engineer for the City (herein called ,,Engineer") and approved and
adopted by the City Council. That based upo~i 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 contracted for construction of the seine in the name
of the City.
B. That attached 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 final contract
for bid for construction of said improvements, and the estimates of the
amount per front foot to be assessed against the property abutting said
street (abutting property and real and true owners thereof shall be construed
to include railway property and railways which are within the proposed
improvement), 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 of 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 all thin~
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 real and true owners thereof, in accordance with, and in the
manner provided by, Article 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 shall 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 accordance with
the "front foot plan," that portion of the estimated Project Costs as shown
on the report of the Engineer which 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 Coppell shall pay all of the remainder of the Costs of said
improvements after deducting the amounts herein specified 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 included within the meaning of the terms "cost" or "Project Costs,"
when such terms are used herein, all other eosts and expenses ineident to
the construction of the improvements, including engineering and inspection
expenses.
When the improvements herein ordered have been completed and accepted
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 acceptance 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, 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 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.
No assessment (except for assessments against railways and two (2) feet
on either side thereof) shall be made against nny abutting property or the
real and true owners thorenf of costs in excess of the benefits to such
property or owners thereof in enhanced value thereof by means of such
improvements, ns determined by the City Coeneil at the hearing. The
amounts of such assessments shall constitute a first and prior lien upon
all 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 t~e 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 shah 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 notiee, 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 shall 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 qualifications of
witnesses who offer matters in connection with beth 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, whieh 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 daseribing 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 shah 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 PASSED by the City Couneil of the City of Coppell, Texas, this the
day of , 1990.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
- // CITY ATT~'~Y -
CO90-0203
ASSESS~LENT CALCULATION
Total Estimated Construction Cost (low bid)
Less Non-Assessable items
$3,369,596.00
- 383,955.48
$2,985,640.52
Less Dallas County participation
Net Assessable Construction Cost
-1,676,568.48
$1,309,072.04
Plus 90% of Engineering, Testing,
and Inspection Fees @ $359,123.86
$ 382,046.99
Plus 90% of the cost of the Railroad
crossing @ $206,000
$ 185,400.00
Plus 90% of the Conoco pipeline
lowering cost @ $40,000.00
Total Assessable Costs
Total Assessable Project Front Footage
Assessment Per Front Foot
$ 36,000.00
$1,912,519.03
14,853.93 Ft.
$ 128.76
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 c~/antities for the project.
Respectfully submitted,
GINN,. ~NC. CONSULTING ENGINEERS
H. Wayne Ginn, P.E.
President
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S2,120.00
s2.120.0o
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$2,152.00:
$2.546.00
$2.140.50
$5,000.50
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$3,g~l.2g
S3,101.30
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S2.108.B0
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'l
TOY~L A.SSE.~S)JLE Cg(STIrlKT]Qff YJ, LUE
LE~ OAU. AS COUIITY P~,~TlC]PAT]~
~AV'tNG AND DRAINAOE ASSESSMENT ROLL
DENTON TAP ROAD IMPROVEMENTS (FROM BELT LINE ROAD TO SANDY LAKE ROAD)
FROM STATION 89+82 TO STATION 162~27.70
WHICH IS 7245.7 LINEAL FEET
WEST SIDE
PROPERTY OWNER PROPERTY DESCRIPTION
ABUTTING
FEET
PAVING & ***
DRAINAGE SPECIAL BENEFIT
ASSESSMENT ENEANCEMENT
46 NORTHLAKE ESTATES
A.E.GADDY & HENRY DAVIS
9817 KINGSLEY RD.
DALLAS, TX 75238
ST. LOUIS & SOUTHWESTERN RAILROAD
P.O.BOX 1319
HOUSTON, TX 77251-1319
45 BAPTIST FOUNDATION OF TEXAS
2001 BRYAN 81500
DALLAS, TX 75201
BETHEL ROAD
44 DENTON TAP JOINT VENTURE
102 MEADOWCREEK RD.
COPPELL, TX 75019
43 JOSEPH COLLUM TNWEATT
RT. I BOX 188
COPPELL, TI 75019
BETHEL SCHOOL ROAD
42 JOSEPH COLLUM TEWEATT
RT. 1 BOX 188
COPPELL, TX 75019
41 COMMODORE SAVINGS ASSOCIATION
P.O.BOX 2910
DALLAS, TX 75221
40 LOHE STAR GAS EASEMENT
906 N. BLDG.
301 S. HARWOOD ST.
DALLAS, TX 75201
39 R.~. ARDINGER, JR.
9040 GOVERNORS ROW
DALLAS, TX 75247
38 SANDY LAKE CROSSING, LOT 5, BLOCK A
KENTUCKY FRIED CHICKEN
P.O.BO! 35420
LOUISVILLE, KY 40232
J.A. SIMMONS SURVEY, ABET. 81296
VOLUME 45, PAGE 65
J.A. SIMMONS SURVEY, ABET. 81296
J.A. SIMMONS SURVEY, ABET. 81296
VOL. {67199, PG. 0785
J.A. SIMMONS SURVEY, ABET. 81296
EDWARD A. CROW SURVEY, ABST. 8301
VOL. {D4038, PG. 3474
EDWARD A. CRON SURVEY, ABET. 8301
VOL. {77093, PG. 0009
EDWARD A. CROW SURVEY, ABET. {301
EDWARD A. CROW SURVEY, ABET. 8301
VOL. #89, PG. 2382
EDWARD A. CROW SURVEY, ABET.
VOL. 88B002, PO. 3006
EDWARD A. CROW SURVEY, ABET.
EDWARD A. CROW SURVEY ABE?. {301
VOL. {80198, PG. 3516
EDWARD A. CROW SURVEY ABE?. 8301
753.88
103.53
1208.11
5O.O4
533.07
1540.19
50.74
1032.79
833.92
58.66
704.38
163.49
$97,030.96
$13,330.52
$155,556.24
$6,443.15
$68,638.09
$198,314.86
$6,533.28
$132,982.04
$107,375.54
$7,553.06
$90,695.97
$21,000.97
37 ~ANDY LAKE CROSSIAG, LOT 1, BLOCK A EDWARD A. CROW SUR¥£Y, ABST. 8301 195.O0
MCOOAALDS CURL TR. (MCDONILD$-VUL ~ ,PG. __}
ANF UHARE
P.O.BOK 66207
CHICAGO, IL 60666
26 SANDY LAKE CROSSING, LOT 3, BLOCK l
EIlO# CORP.
P.O.EOI 5]
BOUSTOA, TI 77001
EDWARD A. CROM SURVSY, tEST. {301
(£HOA TRACT-VOL. I , PG. )
$25,108.20
SUBTOTAL 7247.33 $033,166.21
** ASSESSMERT FIGURRS DSTERMINRD BT ~UL?IPLYING ABUTTING FE£T BY $120.76 WHICR IS Bt~EO ON SSTI~AYSO
COASTRUCTION COSY D~TSR~IRSD ~RO) TBS LOW BIO RECUIVRD.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.
;~ING AND DNIINAGE ASSEDSNENT NOL~
DENTON TAP ROAD IMPROVEMENTS (EPOM BELT LINE ROAD TO SANDY LAKE ROAD)
FPON STATION 89*82 TO STATION 162+27.70
WELCH IS 7245.7 LINEAL FEET
EAST SIDE
PNOPERT¥ OWNER
PROPERTY DESCRIPTION
PAVING 6
ABUTTING DNAINAGE SPECIAL BENEFIT
FEET ASSESSMENT ENHANCEMENT
1 WILLIAM G. TNOMPSO~
833 DOUGLAS AVE. ! 1510
DALLAS, TX 75225
2 VANTAGE RESIDENTIAL
8144 WALNUT HILL IS50
DALLIS, TX 75231
ST. LOUIS 6 SOUTHWESTERN RAILROAD
3 NORTNLAKE NURSERY & LANDSCAPING
794 DENTON YAP RD.
COPPELL, TX 75019
4 WILLIAM G. THOMPSON
5 833 DOUGLAS AVE. { 1510
DALLAS, TX 75225
BETHEL ROAD R.O.W,
6 RONALD D. VAN NESS
114 MASON CT.
COPPELL, TX 75019
MEADOWCREEK DRIVE
7 STEVEN CARL PARSONS
102 MEADOWCREEK #101
COPPELL, TI 75019
0 DAVID A. PHILLIPS & RICHARD J. LEE
TRUSTEES
FIRST BAPTIST CHURCH, COPPELL
540 S. DENTON TAP
COPPELL, TX 75019
9 FIRST REFLUBLIC BANK CARROLLTON
1925 JOSEY LANE
CARROLLTON, TX 75006
10 WILLIAM C. STEARMAB III, D.V.M.
504 S. DENTON TAP
COFFELL, TX 75019
11 ROANLD D. VAN NESS
114 MASON CT.
COPPELL, TX 75019
MCKINMEY & WILLIAMS SURV ABET.il054
VOL, {60106, PG.1302
& VOL. {75282, PG. 2031
MCKINNEY & WILLIAMS SURV ABET.{1054
MCKINNEY & WILLIAMS SURV ABET.f1054
MCKINNEY 6 WILLIAMS SURV ABET.f1054
VOL. {86109, PG. 0882
MCKINNEY & WILLIAMS SURV
MCKINNEY 6 WILLIAMS SURV ABET.{1054
EDWARD A. CROW SURVEY, ABET. {301
VOL. {84076, PG. 5591
EDWARD A. CROW SURVEY, ABET. {301
EDWARD A. CROW SURVEY, ABET. {301
VOL. {84181, PG.1044
EDWARD A. CROW SURVEY, ABET. {301
VOL. 372044, PG, 1026
EDWARD A. CROW SURVEY, ABET. 1301
VOL. {, PG.
EDWARD A. CROW SURVEY, ABET. {301
VOL, {79061, PG. 1084
EDWARD A. CROW SURVEY, ABST. {301
VOL. {81079, PO 2244
622.23 $80,118.33
165.42 $21,299.48
103.53 $13,330.52
585.46 $75,383.83
986.66 $127,042.34
80.05 $10,307.24
180.31 $23,216.72
50.11 $6,452.16
120.49 $15,014.29
350.00 $45,066.00
206.62 $26,604.39
67.81 $8,731.22
150.00 $19,314.00
· ,IZ.U~TED STATES POSTAL SERVICE
P.O. DO~
DALLAS, TX 75266-7180
EDWARD A. CROW SURVEY, ABSI 4301
VOL. {86070, ?G, !149
BETHEL SCEOOL ROAD
13 EDWARD, EUGENE & WILLIAM DAVID GADDY
2241 ROYAL LAME
DALLAS, TI 75229
EDWARD A. CROW SURVEY, ADST. }301
EDWARD A. CROW SURVEY, NBST. 4301
VOL. {80120, PG. 2525
14
NORTNLAKE W~DLANDS CENTER
7TH NLS REALITY {226
P.O. BOX 758
HOUSTON, TX 77001
EDWARD A. CROW SURVEY, ABST. 4301
VOL. {81234, PG. 1447
15
17
VANBEBUER ROAD EDWARD A. CROW SURVEY, ABST. 4301
LUCY FIELD BELNKA?, LUCY ROSE MAYFIELD & EDWARD A. CROW SURVEY, ABST. 4301
MARY JO DELANAYE VOL. { PG.
3900 SHENANDOAR
DALLAS, TI 75205
4~u.04 $64,127.63
60.08 $7,738.90
142.66 $18,368.90
124.99 $16,093.71
50;03 $6,441.86
1435.88 S184,883.91
16 LONE STAR GAS
906 N. BLDG.
301 S. HARWOOD ST.
DALLAS, TX 75201
18
COPPELL BARK NATIONAL ASSOCIATION
FDIC
5080 SPECTRUM 1000E
DALLAS, TX 75248
BRAEWOOD DRIVE
19 BRAEWOOD CENTRE
TEXAS AMERICAN BANK DALLAS
P.O.BOX 38207
DALLAS, TX 75235
EDWARD A. CROW SURVEY, ABST. 4301
VOL. 15493, PG. 9
EDWARD A. CROW SURVEY, ABST. 4301
VOL. #85141, PG, 3007
EDWARD A. CROW SURVEY, ABST. 4301
EDWARD A. CROW SURVEY, ABST. 4301
VOL. {84241, PG. 1666
S8.66 $7,553.06
200.00 $25,752.00
60.00 $7,725.60
495.30 $63,774.83
UTILITY E~fEMENT
20 TOWN OAKS CENTRE LOT 4
UNIVEST COPPELL VILLAGE
12770 COlT RD, 41215
DALLAS, TX 75251
21 TOWN OAKS CENTRE LOT 3
MINYARD PROPERTIES
ATTN: R£AL ESTATE
P.O.BOX 518
COPPELL, TX 75019
MEADOWCREEK ROAD - SOUTH SIDE
RONALD D. VAN NESS
114 MASON CT.
COPPELL, TX 75019
EDWARD A. CROW SURVEY, ABST. 4301 24.63 $3,171.36
VOL. { , PG.
EDWARD A. CROW SURVEY, ABST. {301 131.15 $16,886.87
VOL. {84248, PG, 5137
EDWARD A. CROW SURVEY, ABST. 4301
VOL. 84248, PG. 5t37
EDWARD A. CROW SURVEY, ABST. 4301
VOL. {84076, PG.5591
286.64 $36,907.7T
162.06 $20,866.08
·' ~EADOWCRSEK ROAD - NORTH SIDE
ST~VBB C~BL ~ARSONS
102 )D~DOWCRH£~
EDWARD A. CROW SURVEY, ABST. {301
VOL. 84181, PO. 1044
196.98 $25,363.14
SUBTOTAL 7595.79 $978,033.92
** ASSESSMENT FIGURES DETERMINED BY MULTIPLYING ABUTTING FEET BY $128.76 WHICH IS BASED ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.