Ordinance 1997-16
CITY OF WYLIE, TEXAS
ORDINANCE NO. q7-J~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTY FOR
IMPROVEMENTS TO THE STREET DRAINAGE AND/OR SEWER SYSTEMS
IN WYLIE RANCH EAST SUBDIVISION (THE 300 BLOCK OF CALLIE
COURT, LOTS 1-10; THE 300 BLOCK OF DONNA DRIVE, LOTS 11-20; AND
THE 1900 BLOCK (NORTH SIDE) OF EAST BROWN, LOTS 21, 22, 23A, 23B,
24A, 24B, 25A, 25B), AND WYLIE RANCH EAST COMMERCIAL PARK
(SOUTH SIDE OF SH 78, EAST OF KREYMER LANE, LOTS 1-5) IN THE CITY
WYLIE, TEXAS; DESCRIBING THE PROPERTIES TO BE ASSESSED;
NOTIFYING THE OWNERS OF THE PROPERTY OF THE OPPORTUNITY TO
BE HEARD AND ADVISING THAT THE ASSESSMENTS ARE A PERSONAL
LIABILITY; ESTABLISHING THE ASSESSMENT AS A FIRST AND PRIOR
LIEN AGAINST THE DESCRIBED PROPERTY; PROVIDING FOR THE TIME,
TERMS AND CONDITIONS OF PAYMENT, DEFAULT AND COLLECTION OF
THE ASSESSMENT; ESTABLISHING THE INTEREST RATE AND OTHER
EXPENSES COLLECTABLE ON THE ASSESSMENT; PROVIDING THAT
NOTICE OF ASSESSMENT LIEN BE FILED WITH THE PROPERTY
RECORDS OF COLLIN COUNTY, TEXAS; ESTABLISHING AN APPEAL
PROCESS WITHIN 15 DAYS OF THE PUBLICATION OF THIS CAPTION;
ADVISING THAT A PROPERTY OWNER IS BARRED AND ESTOPPED FROM
ASSERTING DEFENSES TO THE ASSESSMENT IF APPEAL NOT TAKEN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Chapter 402 of the Texas Local Government Code and Chapter 313 of
Texas Transportation Code authorizes the City Council of the City of Wylie, Texas ("City
Council") to: improve the streets, water works system and/or sanitary sewer system in the
municipality; order and contract for the construction of the improvements; and assess part of the
cost of the improvements to the property owner being benefitted by the improvements; and
WHEREAS, the City Council, by Resolution No. 97-12R, declared a need for sewage and
drainage improvements in Wylie Ranch East Subdivision Phase One ("Improvements A"), and
more particularly described as: the 300 block of Callie Court, Lots 1-10, Wylie Ranch East Phase
One; the 300 block of Donna Drive, Lots 11-20, Wylie Ranch East Phase One; and the 1900
block (north side) of East Brown, Lots 21,22, 23A, 23B, 24A, 24B, 25A, 25B, Wylie Ranch East
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 1
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("Benefitted Property A"), and that part of the costs of such improvements to be paid by the
owners of the Benefitted Property; and
WHEREAS, the City Council further declared, by Resolution No. 97-12R, a need for
sewer improvements in Wylie Ranch East, Commercial Park ("Improvements B "), and more
particularly described as: the south side of SH 78, east ofKreymer Lane, Lots 1-5, Wylie Ranch
East Commercial Park ("Benefitted Property B "), and that part of the costs of such improvements
to be paid by the owners of the Benefitted Property ("Improvements A and Improvements B"
collectively referred to hereinafter as the "Improvements", and "Benefitted Property A and
Benefitted Property B" collectively referred to hereinafter as the "Benefitted Property"); and
WHEREAS, the City Council, in Resolution No. 97-12R, set forth the general nature and
extent of the Improvements in the plan specifications and construction contract documents
attached to the Resolution and to this Ordinance as Exhibit" A" ("Plan Specifications/
Construction Documents) and incorporated herein by reference for all purposes; and
WHEREAS, the City Council, in Resolution No. 97-12R, further set forth the estimate of
the cost of the Improvements as more fully described in Exhibit" A". The total bid for the
Improvements is $145,370.00, with the bid for the sewer improvements to be $92,415.00 and the
street drainage improvements to be $52,955.00 ("Cost Estimate"); and
WHEREAS, the City Council determined that the Cost Estimate was prepared prior to the
hearing required under subchapter D of Chapter 402, Local Government Code;
WHEREAS, the City Council reviewed the Plan Specifications, Contract Documents and
the Cost Estimate, and determined that such plan specifications, contract documents and cost
estimate to be in the best interests of the citizens of Wylie;
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 2
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WHEREAS, the City Council authorized Wylie to enter into a contract with Morrow
Construction for the construction of the Improvements; and
WHEREAS, the City Council finds that the use of the 'front foot rule' in the
apportionment of the costs of the Improvements would result in injustice and/or inequality in
particular cases, and further finds that the 'one connection per lot' analysis would apportion the
costs in a more just and equitable manner to produce a substantial equality of benefits received
and burdens imposed. The City Council has investigated and determined that the summary
prepared by the City Engineer, Community Development and Finance Departments of Wylie, and
attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, was
prepared as required by law, and the apportionment was made based on the 'one connection per
lot' analysis. The City Council finds that the summary contains the following information: the
description of the Benefitted Property; the names of the property owners of the Benefitted
Property; the number of connection per lot; total cost of the Improvements; and cost p~r lot for
the Improvements under the 'one connection per lot' calculations (the "Proposed Assessment");
and
WHEREAS, the City Council finds that less than nine-tenths of the Cost Estimate for the
Improvements are to be assessed against the owners of the Benefitted Property; and
WHEREAS, the City Council has reviewed and approved the report prepared by John W.
Sealy with Argyle Appraisals, LLC., stating his professional opinion that the Improvements will
enhance the value of the Benefitted Property by greater than the amount of the Proposed
Assessments (the Sealy report is attached hereto as Exhibit "C" and incorporated herein by
reference for all purposes), and the City Council finds that the Proposed Assessments against the
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 3
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owners of any Benefitted Property is not in excess of the enhanced value of the Benefitted
Property; and;
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for approving the construction of the Improvements and establishing the
Proposed Assessments have been performed and completed in the manner and form set forth by
law; and
WHEREAS, the City Council finds that notice was prepared in compliance with
g402.069(c), and that it sufficiently describes the Improvements, the Benefitted Property, the total
cost, Proposed Assessment and the time and place for hearing on the Proposed Assessments
(" Assessment Hearing"); and
WHEREAS, the City Council finds that the notice mentioned above was provided by
mailing the notice, before the 1 Oth day before the date of the Assessment Hearing, to the address
of the owner of the Benefitted Property or the person who last paid taxes on the Benefitted
Property as determined by Wylie's tax rolls, and by publishing the notice at least three times in a
newspaper of general circulation, with the first notice being published before the 10th day before
the date of the hearing; and
WHEREAS, the City Council finds that the Assessment Hearing was conducted on the
date, time and place set, and each person who owned or claimed an interest in the Benefitted
Property was given the opportunity to be heard on the Proposed Assessment. Such person had
the opportunity to contest, including but not limited to, the following matters: amount of the
Proposed Assessment; the lien and liability for the lien created by the Proposed Assessment; the
special benefits claimed for the Benefitted Property and its owners as a result of the
Improvements; the accuracy, sufficiency, regularity, and validity of the proceedings; any contract
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 4
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in connection with the Improvements and Proposed Assessments; and any matters relating to the
Improvements or Proposed Assessments. All persons present and requesting to be heard on the
matter were heard by the City Council, and the City Council finds no errors or deficiencies exist
and/or such errors or deficiencies were corrected; and
WHEREAS, the City Council, after hearing all persons wishing to be heard on the
Proposed Assessments, closed the Assessment Hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: The City Council, after conducting the hearing and considering all
documents relating to the Improvements and Proposed Assessments, establishes and levies an
assessment to the Benefitted Property and against the owners of the Benefitted Property in an
amount as set forth in Exhibit "B" (the "Assessment"). Such Benefitted Property is Wylie Ranch
East Subdivision Phase One, and is more particularly described as: the 300 block of Callie Court,
Lots 1-10, Wylie Ranch East Phase One; the 300 block of Donna Drive, Lots 11-20, Wylie Ranch
East Phase One; and the 1900 block (north side) of East Brown, Lots 21,22, 23A, 23B, 24A,
24B, 25A, 25B, Wylie Ranch East, and Wylie Ranch East, Commercial Park, and is more
particularly described as: the south side ofSH 78, east of Kreymer Lane, Lots 1-5, Wylie Ranch
East Commercial Park. The Benefitted Property is further described and set forth in Exhibit "B".
SECTION 3: The City Council finds that the Assessments are just, reasonable and in
substantial proportion to the benefits to the respective property as a result of the Improvements
contemplated in the Plan Specifications, Contract Documents and/or any amendments or change
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 5
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orders thereto and approved by Wylie. The City Council further finds that the Assessments were
established by a method allowed by law, and by taking into account factors such as justice,
equality, uniformity, benefits received and burdens imposed. The City Council further finds that
the Assessments and the proceedings establishing the Improvements and Assessments are in full
compliance with state law, and are in all respects valid and binding.
SECTION 4: Where more than one person, firm, partnership, corporation or business
entity owns an interest in the Benefitted Property, each such person or entity shall be personally
liable for hislher pro rata share of the Assessment in proportion to the percent interest he/she
owns in the Benefitted Property.
SECTION 5: The terms and conditions of the Assessments include, but are not limited to,
the following:
(a) the Assessments shall be due and payable and shall mature on the date Wylie
accepts the Improvements as completed (the "Acceptance Date") or as set forth below;
the Assessments may be paid in the following manner: 1) payment in full within one year
from the Acceptance Date with no accrued interest (Maturity Date, Option 1); or 2) by
equal monthly installments over a 36-month period with simple interest accruing on the
unpaid balance of the Assessment at a rate of eight percent (8%) per annum and with the
first monthly payment to commence thirty (30) days from the Acceptance Date and
another being due on the 1 st day of each month thereafter until paid in full (Maturity Date,
Option 2); the owner of the Benefitted Property shall have the right to pay the entire
Assessment, or any installment thereof, before maturity, by the payment of the principal
and accrued interest;
(b) the Assessments are a personal liability and charged against the owner( s) of the
Benefitted Property on the date on which the Assessment lien takes effect, whether or not
the owners are named in a notice, instrument, certificate, or ordinance;
( c) the Assessments shall include all costs associated with the collection of the
Assessments, including reasonable attorneys' fees;
(d) default occurs if the Assessment, or any installment of principal or interest thereof,
is not paid by the Maturity Dates as set forth above;
( e) if default should occur in the payment of the Assessment, or in any installment
thereof, then Wylie has the following options: 1) accelerate the entire balance of the
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 6
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Assessment, including accrued interest and requiring such amount to be immediately due
and payable; 2) bring any action allowed by this Ordinance and/o by law for the collection
of the unpaid Assessment, including accrued interest, together with all costs of collection
and reasonable attorneys' fees; 3) to refuse to connect or may disconnect water or sewer
service to the Benefitted Property during any period in which there is a default existing;
and 4) enforce any lien created against the Benefitted Property and the personal liability of
the owner of the Benefitted Property by an action in a court of competent jurisdiction, or
by foreclosure of the Benefitted Property in the manner provided by law or charter for the
sale of property for Wylie property taxes;
(f) Wylie may place a lien upon the Benefitted Property at any time by filing with the
clerk of Collin County a notice of the Assessment levied against the Benefitted Property
("Notice of Assessment Lien"); the Assessment Lien is a first and prior lien against the
Benefitted Property and takes effect on the date that the Notice of Assessment Lien is filed
with the clerk of Collin County; the Assessment Lien is superior to any other lien or claim
except a state, county, school district or municipality property tax lien;
(g) the Notice of Assessment Lien shall meet the requirements contained in g402.067,
Local Government Code.
SECTION 6: The owners of existing homes and/or buildings on the Benefitted Property
shall be required to hook on to Wylie's sewer system within two (2) years from the Acceptance
Date.
SECTION 7: The City Council hereby authorizes the City Manager or hislher designated
representative to execute the appropriate releases for any Assessment Lien levied against a
Benefitted Property, if the Assessments are paid, and to further cause such release to be filed with
the clerk of Collin County.
SECTION 8: A person who owns or claims an interest in the Benefitted Property may
appeal the Assessment based on: 1) the amount of the Assessment; 2) any inaccuracy, irregularity,
invalidity or insufficiency of the proceedings or contract relating to the Assessments; or 3)
anything that is not within the discretion of the City Council. Such appeal must be instituted in a
court of competent jurisdiction within 15 days after the date that the assessment is levied (within
15 days after the date that the caption of this Ordinance is published. A claimant who does not
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 7
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bring suit within that time waives the right to contest any matter that might have been presented at
the appeal, and is barred and estopped from contesting the Assessment in any manner.
SECTION 9: It is the intention of the City Council that this Ordinance, and every
provision thereof, shall be considered severable and the invalidity of any section, clause or
provision or part or portion of any section, clause, or provision of this Ordinance shall not affect
the validity of any other portion of this Ordinance. Should any part or portion of this Ordinance
be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions within this Ordinance be and remain in full force and
effect.
SECTION 10: All ordinances in conflict herewith are repealed to the extent they are in
conflict. Any remaining portions of the repealed ordinances shall remain in full force and effect.
SECTION 11: This Ordinance shall take effect immediately upon its passage.
DULY ORDAINED AND APPROVED BY THE/?ITY COUNt OF THE CITY OF
'i I
WYLIE, TEXAS on the 23rd day of September, 1997./( ,J. /-
IVPI // ({ ~'!f -
JIM SWARTZ, Mayor V
:1
'/
ATTEST TO:
APPROVED AS TO FORM:
Abernathy, Roeder, Roberts ,
Joplin, P.c.
RICHARD M. ABERNATHY
City Attorney
( qq7
, Wylie kt~':p"iie ~
ORDINANCE LEVYING ASSESSMENT FOR IMPROVEMENTS IN WYLIE RANCH EAST ESTATES - Page 8
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CITY OF WYLIE
Notice of Public Hearing
Wylie Ranch East Subdivision
and Wylie Ranch East Commercial Park
Notice is hereby given that the Wylie City Council will conduct a public hearing at 7:00 p.m. on
Tuesday, September 23, 1997 in the Council Chambers at the Wylie Municipal Complex, 2000
Highway 78 North, Wylie, Texas as to the amount to be assessed against each abutting property and
owner thereof, and to all persons interested in said matter, and as to the benefits to said property by
reason of the improvements or any other matter or thing in connection there with the following:
Wylie Ranch East Commercial Park Lots 1-5 and the 300 Block of Callie Court (Lots 1-5), East of
Kreymer Lane to install approximately 1,380 feet of 10" Sanitary Sewer with 3 manholes and 1 clean
out and connect to the e~cisting 10" Sanitary Sewer on Kreymer Lane.
300 Block of Callie Court (lots 6-10, Wylie Ranch East Phase One), and the 300 Block of Donna
Drive (Lots 11-15, Wylie Ranch East Phase One) and the 1900 Block (North Side) of East Brown
(Lots 21, 22, 23A, 23B, 24A, 24B, 25A, , East of Kreymer Lane to install approximately 1,214 feet
of 10" Sanitary Sewer with 3 manholes and 1 clean out and connect to the existing 10" Sanitary
Sewer on Kreymer Lane.
The cost of said improvements shall be paid as follows:
(a) The estimated cost of the improvement is $145,370.00
(b) The estimated costs to be assessed against the abutting property and the owners thereof is based
on one (1) sewer connection per platted lot for residential and commercial lots. Drainage
improvements are prorated on the total number of residential lots. The residential lots are being
assessed $2,229.17 per lot for sewer and drainage improvements. The commercial lots are being
assessed $1,283.54 for sewer only.
The purpose of this public hearing is to receive sworn testimony from abutting property owners and
other interested parties. Done by order of the Wylie City Council of the City of Wylie, Texas the
26th day of August, 1997.
Susan Shuler
City Secretary
City of Wylie
TIlE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the surrounding area
113 W. Oak
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspap~ regularly published in Collin County, Thxas and having general circulation In Collin
County, Texas, who being by ~e duly sworn deposed and says that the forgoing attached
Cdtj 06 Wyue-OJtd. No. 97-16, impnOV{1m{1V1.fll 1:0 f.;tJ/{1{1;t rfJr(JAV1(Jg() (lV1rf/nJr AClwoh AfJ^:fomA - III'.fPJe
was published in said newspaper on the following dates to wit: Ranc.h Ea.6;t Subckv.
Odo belLI
, 1997 and
, 1997.
Subscribed and sworn to before me this the
to certify which witness my hand and seal of office.
ct
day of {jmllvL
, 1997
i'l C LEW\S
~\sS\ON f){?lRES
M'fSept8\1\bef J6' 2001
Notary Public in and for
The State of Texas
My Commission Expires 9 dU - ;;J-{XJ(
Serving Wideawake Wylie Since 1947
CITY OF WYLl�,'1'�XAS ' �
ORDINANCE NO. 9?-16
i
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WYLIE, TEXAS, LEVYING AN
ASSESSMENT AGAINST CER-
TAIN PROPERTY FOR IM-
PROVEMENTS TO THE STREET
DRAINAGE AND/OR SEWER
SYSTEMS IN WYLIE RANCH
EAST SUBDIVISION (THE 300
BLOCK OF CALLIE COURT,
LOTS 1-10; THE 300 BLOCK OF
DONNA DRIVE, LOTS 11-20;
AND THE 19(I!Q BLt3CK (NORTH
SIDE) OF EAgT BtRQWN, LOTS
21, 22, 23A, 23�, ?�+lA, 24B, 25A,
25B), ANp Wyi,� RqNCH EAST
COMMERCIAL PARK (SOUTH
SIDE OF SH 78, EAST OF
KREYMER LANE, LOTS 1-5) IN
THE CITY OF WyLIE, TEXAS;
DESCRIBING THE PROPERTIES
TO BE ASSESSED; NOTIFYING
THE OWNERS OF THE PROPER-
TY OF THE OPPORTUNITy TO
BE HEARD AND ADVISING
THAT THE ASSESSMENTS ARE
A PERSONAL LIABILITY;
ESTABLISHING THE ASSESS-
MENT AS A FIRST AND PRIOR
LIEN AGAINST THE
DESCRIBED PROPERTY; PRO-
VIDING FOR THE TIl1�IE, TEI�S
AND CONDITIONS OF PAY-
MENT, DEFAULT AND COL-
LECTION OF THE ASSESS-
MENT; ESTABLISHING THE
INTEREST RATE AND OTHER
EXPENSES COLLECTABLE ON
THE ASSESSMENT; pItOVIDING
THAT NOTICE OF ASSESS-
MENT LIEN BE FILED WITH
THE PROPERTY RECORDS OF
COLLIN COUNTY, TEXAS;
ESTABLISHING AN APPEAL
PROCESS WITHIN IS DAYS OF
THE PUBLICATION OF THIS
CAPTION; ADVISING THAT A
PROPERTY OWNER I$ gqR�D
AND ESTOPPED F�pMi
ASSERTING DEFENSES TO THE
ASSESSMENT IF APPEAL NOT�
TAKEN; PROVIDING FOR SAV-
INGS, REPE,AL,ING qND SEVER-
ABILITY CLAUSES; PROVID-
ING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR THE
PUBLICATION OF THE CAP-
TION HEREOF.
���huler
City Secretary
Citv of Wyj1e 18-1t-339
__ _.
_ ._.._.�.