Ordinance 1987-11
ORDINANCE NO. g 7- //
AN ORDINANCE 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. BIRMINGHAM STREET
BIRMINGHAM STREET AND
STONE STREET EAST AND
BALLARD STREET, AND,
NORTH FROM THE INTERSECTION OF S.
S. BALLARD ST. TO KIRBY STREET; AND
WEST FROM S. BIRMINGHAM STREET TO S.
PROVIDING FOR THE TIME WHEN SUCH 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 CLAUSE, AND DECLARING AN AFFECTIVE
DATE.
WHEREAS, Heretofore in action taken at a duly authorized,
regular meeting, the City Council of the City of Wylie did
order the improvements of S. Birmingham Street north from
the intersection of S. Birmingham and S. Ballard to Kirby
Street; and Stone Street east and west from S. Birmingham
Street to S. Ballard Street 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 law; and,
WHEREAS, In compliance with the law, the Engineerig
Department for the City of Wylie and the Tax
Assessor/Collector for the City of 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 from the firm of Lane and Associates,
Professional Real Estate Appraisers and Consultants,
MCKinney, Texas, for and on behalf of the City of Wylie,
Texas prepared 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 improvements and estimated enhancement or damage
to the property; said statements possessing all other
requisites required by law; and,
WHEREAS, Thereafter the said statements were filed with the
City Council and by them examined and approved and said
Council determining the necessity of making an assessment
for part of the cost of 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 proceeedings, or to any matter or thing
connected with the said improvements; and,
WHEREAS, The City Council did, by quorum vote, set January
13, 1987 as the date for the public hearing on said
improvements; and,
1
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, written 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
advertised, on Tuesday, the 13th day of January, 1987 at
7:00 P.M. in the Community Room, 800 ,Thomas Street, 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;
NOW THEREFORE,
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 protests where no change or
revision was made by the City Council, at the public hearing
on the 13th day of January, 1987, 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 street
hereinbelow 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 respective 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 sum
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 hereinbelow mentined, 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,
2
as far as such owners are known, being as shown in the
attached Exhibits "A", "B" and "C".
SECTION 3. Where more than one person, firm or corporation
owns an 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.
SECTION 4. The several sums as mentioned in the attached
Exhibit "A", Exhibit "B" and Exhibit "C" and assessed
against the said parcels of property and the owners thereof,
and interest thereon at the rate of ten percent (10%) 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 parcels 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 are 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 twelve (12) month period, at ten percent (10%)
interest simple interest; within twenty-four (24) months at
ten percent (10%) interest simple or within thirty-six (36)
months at ten percent (10%) 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 (30) 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.
SECTION 6. That for the purpose of evidencing the several
sums payable by said property 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 thereon,
attested by the City Secretary, under the impress of the
corporate 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
3
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 STREET RECONSTRUCTION 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 thereof 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 certificate, 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 Councilor any of its officers in
connection therewith.
Full power to make and levy assessments, and to correct
mistakes, errors, invalidities or irregularities, either in
the assessments or in the certificates issued in evidence
thereof, is in accordance with the law in force 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 Fortieth Legislature of the State of Texas, known as
Chapter 106 of the Acts of said Session, with amendments,
thereto, now shown as Article 1105B 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
4
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 or 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
from and after its
provides.
ordinance shall take effect immediately
adoption as the law in such cases
DULY PASSED by the City Council of the City of Wylie, Texas
this the 13th day of January 1987.
ATTEST:
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~C:;;/~, /7 _
c.. --- ...-- _____ _ #"'.. <-______
Chuck Trimble, Mayor, City of
,,-
-/-,.,....
APPROVED:
Wylie
Lawrence Jackson, City Attorney
5
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EXHIBIT "A"
BIR1IN3-W'1 sr.
ERCM KIffiY
'ID S. Pl\UAR)
******************************************************************************************************************
N3CF
23m:::86
OE3:RIPrICN m:Nr Fr. IDl'. aI.I.ARS YES NJ ? m-J. orSJ:l.Nr AfffiAISAL VARIAN::E
******************************************************************************************************************
J:AKESITE VIL. AffiIS.
[ARR'f ENJI:1<NER
JGN p W"lU<ER
G>Rf. E UllVIG
RI'VER)IDE 'II-! ,A
RIVER:>ITE 'II-! ,B
WIILIS p JCI1:i
RCNAI:D L MIILER
~
TCM1:l B s::H:XLTZ
CRl(E ~N
UN:mi CF FROJECr
'IDIAL Cl:ST/PROJEcr
CI'IY ~
ADJOrn .ffia> . /ffi'\RE
401.40 15.0 3,010.50 3,010.50 13,818.00 10,807.50
86.30 15.0 647.25 647.25 1,300.00 652 . 7S
135.00 15.0 1,012.50 1,012.50 1,100.00 87.50
163.00 15.0 1,200.00 1,200.00 1,100.00 -100 .00
167.85 15.0 1,258.88 1,258.88 700.00 -558 . 88
121.67 15.0 912.53 912.53 700.00 -m.53
160.00 15.0 1,200.00 1,200.00 1,100.00 -100.00
145.00 15.0 1,087.50 1,087.50 1,lOO.00 12.50
901.98 15.0 6,764.85 6,764.85 6,764.85 0.00
140.00 15.0 1,050.00 1,1350.00 2,000.00 950.00
170.00 15.0 1,275.00 1,275.00 637.50 900 .00 262.50
2,589.20 19,419.00 13,221.75 5,147.25 1,050.00 30,582.85 11,8131.35
68.09% 26.51% 5.41% 100.00%
1,294.60
70,912.00 100%
51,493.00 73%
19 .419 .00 27%
******************************************************************************************************************
STCNE ROO
ERCM BI~ N3 CF 23 IE 86
'ID s. B"IUAID
******************************************************************************************************************
OE3:RIPrICN FRCNl' Fr. IDl'. aI.I.ARS YES NJ ? m-J. DISJ:l.Nr AfffiAISAL VARI~
******************************************************************************************************************
TCM1:l B s::HlJLTZ 100.00 15.5 775.00 775.00 1,000.00 225.00
HARRY F TIEEALS 50.00 15.5 387.50 387.50 600 .00 212.50
HARRY F T~ 50.00 15.5 387.50 387.50 600 .00 m.50
HARRY F TlEEALS 50.00 15.5 387.50 387.50 600 .00 m.50
HARRY F T~ 50.00 15.5 387.50 387.50 600.00 212.50
JERRATm .B.WN:N 50.00 15.5 387.50 387.50 193.75 500 .00 306 . 2')
JERRATm BWN:N 60.00 15.5 465.00 465.00 232.50 600 .00 367. 'jJ
JES:E !.AI]) 85.00 15.5 658.75 658.75 1,100.00 441.2S
JES:E !.AI]) 75.00 15.5 581.25 581.25 1,100.00 518.7S
JES:E !.AI]) 85.00 15.5 658 .75 658.75 1,100.00 441.25
A 0 E!JfD 130.00 15.5 1,007.50 1,007.50 1,100.00 92.50
t1:'1IlXW) 790.00 15.5 6,122.50 6,122.50 6,122.50 0.00
1,575.00 12,206.25 8,600.00 3,526.25 0.00 15,022.50 3,242.')(;
71.11% 28 .89% 0.00% 100.00%
UN:mi CF FROJECr 787.50
'IDIAL a:sr/m::uF.Cr 34,348.00 100%
CI'IY ~ 22,141.75 64%
IDX>IN.ffia> ./.9-IAAE 12,206.25 36%
EXHIBIT "B"
STREET RECONSTRUCTION PROJECT: BIRMINGHAM STREET
**************************************************************************,
FROM: KIRBY STREET TO: BALLARD STREET
**************************************************************************1
LINEAR FEET OF TOTAL STREET PROJECT
1,600.0
WIDTH OF PAVEMENT
32.0
TOTAL SQUARE FT.
--------------
--------------
51,200.0
COST OF CONSTRUCTION
letters,mail & lien filling
engineering
appraissal services/for liens
advertisements/public notices
preconstruct ion prep./valves,manholes,pipe
labor, 4 man crew
equipment
emulsion
portland cement
rock
2 in. asphalt overlay
miscellaneous supplies
512.00
2,048.00
3,840.00
153.60
358.40
4,096.00
8,192.00
25,600.00
5,120.00
1,536.00
18,944.00
512.00
TOTAL CONST. COST
--------------
--------------
70,912.00
COST SHARE SUMMAIRES:
city share of project
property owners share (one side)
property owners share (other side)
63.9%
18.1%
18.1%
45,312.00
12,800.00
12,800.00
=========
-------------
-------------
100.0%
70,912.00
overall cost per square foot this project
overall cost per linear foot
1.39
44.32
overall cost per linear front foot / per side
property owner cost per linear front foot / per side
citys' share of linear foot cost / per side
22.16
8.00
14.16
MATERIAL COST SUMMARY ANALYSIS:
emulsion
portland cement
rock
2 in. asphalt overlay
miscellaneous supplies
25,600.00
5,120.00
1,536.00
18,944.00
512.00
--------------
total materials cost paid by adjacent property owners
51,712.00
25,699.00
materials cost balance absorbed by citys' share
--------------
--------------
26,112.00
EXHIBIT "e"
STREET RECONSTRUCTION PROJECT: STONE ROAD
************************************************************************
FROM: BIRMINGHAM STREET TO: BALLARD STREET
************************************************************************,
LINEAR FEET OF TOTAL STREET PROJECT
WIDTH OF PAVEMENT
800.
31.
TOTAL SQUARE FT.
------------
------------
24,800.
COST OF CONSTRUCTION :
letters,mail & lien filling
engineering
appraissal services/for liens
advertisements/public notices
preconstruct ion prep./va1ves,manholes,pipe
labor, 4 man crew
equipment
emulsion
portland cement
rock
2 in. asphalt overlay
miscellaneous supplies
248.0
992.0
1,860.0
74.4
173.6
1,984.0!
3,968.01
12,400.01
2,480.0'
744.0'
9,176.0'
248.0'
TOTAL CONST. COST
-------------
-------------
34,348.0~
COST SHARE SUMMAIRES:
city share of project
property owners share (one side)
property owners share (other side)
63.9%
18.1%
18.1%
21,948.00
6,200.00
6,200.00
---------
---------
------------
------------
100.0%
34,348.00
overall cost per square foot this project
overall cost,per linear foot
1.39
42.94
overall cost per linear front foot / per side
property owner cost per linear front foot / per side
citys' share of linear foot cost / per side
21.47
7.75
13.72
MATERIAL COST SUMMARY ANALYSIS:
emulsion
portland cement
rock
2 in. asphalt overlay
miscellaneous supplies
12,400.00
2,480.00
744.00
9,176.00
248.00
total materials cost paid by adjacent property owners
--------------
materials cost balance absorbed by citys' share
25,048.00
12,400.00
--------------
--------------
12,648.00