Ordinance 1988-20 �91� �16
70019
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AN OBDINAIICE OF THE CITY OF WYLIE, A HOME RULE
POLITICAL SUBDIVISION OF THE STATE OF 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 STREETS IN THE CITY OF WYLIE, TEXAS,
TO-WIT:
S. BALLARD STREET SOUTH FROM THE INTERSECTION
OF STONE STREET THRU 1284 S. BALLARD AND
300 BLOCK OF CALLIE COURT FROM RREYMER LANE TO
TURN AROUND CUL-DE-SAC
PROVIDING FOR THE TIME WHEN SIICH 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
CLAOSE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, heretofore in action taken at a duly authorized,
regular meeting, the City Council of the City of
�r�yiie did order the improvements of S. Ballard
Street south from the intersection of Stone Rd.
thru 1204 S. Ballard and Callie Court from
Kreymer Lane thru turn around cul-de-sac by a
process of filling, raising, grading, paving and
general reconstruction; and,
WHEREAS, pursuant to said resolution, specifications and an
estimate of the cost of such improvements were
prepared for said work by the City Engineer for
the City of Wylie, presented to said Council,
examined, approved, and adopted by it, all as
required by applicable Iaw; and,
WHEREAS, in compl.iance with the law, the Engineering
Department for the City of Wylie and the Tax
Assessor/Collector for the City af Wylie, prepared
statements or lists showing the names of property
owners upon said street, the description of their
property, the total cost of said improvements, the
cost thereof per square foot and cost to each
property owner, along with an appraisal report
fLOm the firm of Lane and Associates, Professional
Real Estate Appraisers and Consultants, McKinney,
Texas, for and on behalf of the City of Wylie,
Texas p=epared statements or lists showing the
names of property owners upon said street, the
description of their property, estimated value
before improvement and estimated value after
impLOVements and estimated enhancement or damaged
to the property; said statements possessing all
other requisites required by law; and,
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WHEREAS, thereaft�r the s�id statements wer� filed wi�h the
City Council and by them examined and approved �nd
said Council determining the necessity of making
an assessment for part of the cost �f 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 invalidity in said proceedings, or to any
matter or thing connected with the said
improvements; and,
WHEREAS, the City Council did, by quorum vote, set July 26,
1988 as the date for the public hearing on said
improvements; and,
WHEREAS, in accordance with the terms of the law, and as
directed by the City Council of the City of Wylie,
Texas, the City Secretary, for and on behalf of
the City of Wylie, Texas, gave notice to the
property owners on said street of said hearing, by
advertisement inserted three {3) times in the
Wylie News, the official newspaper of the City of
Wylie, the first such publication being at least
twenty-one (21? days before the date of the
hearing; and did give additional written notice of
the hearing by depositing in the United States
mail, at least fourteen (14) days before the date
of the hearing, w=itten 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 Wylie
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 held at the time and place as
adve=tised, on Tuesday, the 26th day of July, 1988
at 7:H0 P. M. in the Council Chambers of the
Municipal Complex at 2000 Highway 78 North, Wylie,
Texas, which hearing was then closed; and,
WHEREAS, at said hearing, all desiring to contest the said
assessments, correct the same, or in 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 Council were
rectified and corrected;
�97� �!8
NOW 'THERErORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 That the action of the City Council closing the
hearing and overruling the Qrotests where no
change or revision was made by the City Council,
at the public hearing on the 26th day of July,
1988, in these proceedings is hereby ratified and
confirmed by this ordinance. That the City
Council, from the evidence, finds that the
assessments herein levied should be made and
levied against the respective parcels of property
abutting upon the streets herein above 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
justice, equality, and uniformity between the
resgective 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 in the unit or district
upon which the particular property abuts, and for
which assessment is levied and charge made, in a
s�m 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 is 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 is hereby levied and assessed
against the parcels of property herein above
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
shown in the attached Exhibits "A" and "B".
SECTION 3 Where more than one person, firm or corporation
owns as interest in 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.
�973 $�a
SECTION 4 The several sums as mentioned in the attached
Exhibit "A", Exhibit "B" and assessed against the
said parcels of property and the owners thereof,
and interest thereon at the tate of eight percent
(8$) simple interest, 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 patcels 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 levied, and shall be a first and
paramount lien thereon, superior to all other
liens and claims except State, County, School
District and City ad valorem taxes.
The sums �re so assessed against the abutting
property and the owners thereof, may be, at the
owners option, paid in full within ninety (90)
days with no interest accrued, within a thirty-
six (36) month peziod, at eight percent (8$)
interest simple interest; within Sixty (69) months
at eight per cent (8$) interest simple interest
or within Seventy-two (72) months at eight
percent (8�) interest simple interest, with
interest accruing from the date of completion
of the improvements. In the case of the owner
opting for the installment plan, the first payment
will be due within thirty t30) days of the
completion and acceptance of the improvements of
any particular unit or district. 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 Wylie, 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 jurisdiction or by lien foreclosure.
?973 �2�
SECTION 6 That for the purpose of evidencing the several
sums payable by said propeLty owners and the time
and terms of payment, and to aid in the
enforcement thereof, assignable certificates may
be issued by the City of Wylie upon 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 theLeon,
attested by the City Secretary, under the impress
of the corpoLate seal, and shall be payable to the
City of Wylie, 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 in the payment of
any installment of principal or interest thereon,
when due, then at the option of the said City of
Wylie 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 facie 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 Wylie, who
shall credit said payments upon the said
certificates, and shall immediately deposit the
amounts so collected in a special fund, which is
hereby designated as STREST RBCONSTRUCTION FUND
and which payments shall be by the Director of
Finance paid to the said City of Wylie or other
holder of the said certificates, on presentation
hereof to him.
And the said certificates shall further provide
that the City of Wylie shall exercise all legal
power, when requested so to do by the holder of
said ceitificate, to aid in the collection
thereof; but the City of Wylie 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.
��97� �Z 1
Full power to make and levy assessments, and t�
correct mistakes, errors, invalidities or
irregularities, either in the assessments or in
the certificates issued in evidence thereof, is in
accordance with the law enforce in this City,
vested in the City.
SECTION 7 All assessments levied are a personal liability
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 Foctieth Legislature of the state
of Texas, known as Chapter 106 of the Acts of said
Session, with amendments, thereto, now shown as
Article 11�5B 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 Wylie, 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 in 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 ar
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 unconstitutional, the same shall
not affect the validity of this ordinance as a
whole or any part or provision thereof, other than
the part so decided to be invalid or
unconstitutional.
SECTION 12 This ordinance shall take effect immediately form
and after its adoption as the law in such cases
provides.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
THIS THE 4TH DAY OF AUGIISTY, 1988.
Chuck Trimble, Mayor
ATTEST O �y��
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SEAL
Caroly es 1 y Se e ry
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CALLIE COURT AND S. BALLARD STREETS
OWNER LEGAL DESCRIPTION FRONT ENHANCEMENT ASSESSMENT
ADDN. BLOCK LOT FOOTAGE
RICHARD H. AND WYLIE RANCH ESTATES
3ANE B. HEISCHMAN LOT 1 254. 1,833.00 1,226.82
GLYN L. AND WYLIE RANCH ESTATES
SHARON M. MCDORMAN LOT 2 284. 1,902.00 1,371.72
AHAROLD WYANE AND WYLIE RANCH ESTATES
CHERYL ANNE DANIEL LOT 3 284. 1,902.60 1,371.72
HARLAN W. AND WYLIE RANCH ESTATES
MARILYN ROUTON LOT 4 284. 1,902.00 1,371.72
WYLIE RANCH ESTATES
LEWIS RHODES LOT 5 284. 1,902.00 1,371.72
ALVIS C. AND WYLIE RANCH ESTATES
BETTY L. KEY LOT 6 284. 1,902.00 1,371.72
GEORGE L. AND WYLIE RANCH ESTATES
CANDACE JOY PIPER LOT 7 284. 1,902.60 1,371.72
GARY L. THURMAN AND WYLIE RANCH ESTATES
SHARON DOWDY LOT 8 284. 1,902.00 1,371.72
JAMES A. AND WYLIE RANCH ESTATES
MARGARET M. FEIVOR LOT 9 284. 1,902.00 1,371.72
WILLIAM BASEL AND WYLIE RANCH ESTATES
BARBARA KAY DUDLEY LOT 10 554. 1,833.00 1,226.82
GREGORY AND DAVIDSON SURVEY
PATRICIA J. MAPES ABST. 267 LOT 28 I20. 910.09 634.90
GREGORY E. AND
PATRICIA J. MAPES
FRANK D. AND DAVIDSON SURVEY
PATSY R. CAVALIER ABST. 267 LOT 30 70. 1,554.00 1,088.40
HARRY F. TIBBALS ATTERBURY SURVEY
MELVIN ST. JOHN LOT 5 145. 5,705.00 1,315.15
CALDWELL BLOCK 3
CHURCH OF CHRIST LOTS 9, I0, 11, 12 287.97 2,818.0H 2,611.89
WYLIE MIDDLE SCH04L ATTERBURY SURVEY 1220. 12,810.00 11,065.40
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EXHIBIT B
SOUTH BALLARD AVENUE
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
P.1 OVERLAY W I 2 IN. ASPHALT 4332 S.Y. 34.00 E17,328.00
?.2 COMPACTING OF EX. ASPHALT 4564 S.Y. �3.35 315,289.40
P.3 REMOVE EXCESS MATERIAL 0. C.Y. $5.00 30.00
P.4 CONSTRUCT 4 FT. SIDEWALK 450 S.Y. f16.50 E?,4�5.00
P.5 SAW CUT EX. CONC. PAUEMENT d� L.F. 32.00 50.00 f
P.6 CONST. 6 IN. REINFORCED ALLEY 0� S.Y. 517.00 30.00
P.7 INSTALL 15 IN. CLASS !II RCP 10 L.F. $53.00 $530.00
P.8 GRADE DITCH TO DRAIN 1 49 L.F. 55.00 $245.00
TOTAL 540,817.40
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