10&11-A Cope AssessmentDRAFT
ALICE\ORDWORK\CURRENT\ Cope - Project Ordinance 10-4-01
October 1, 2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, DETERMINING THE NEED FOR SANITARY SEWER
SYSTEM IMPROVEMENTS TO PROVIDE SANITARY SEWER SERVICE
IN SUBDIVISIONS GENERALLY DESCRIBED AS THE COPE ADDITION,
SUBURBAN ESTATES ADDITION, GOLDEN ACRE ADDITION, AND
CERTAIN TRACTS IN THE E. CROW SURVEY, ALONG MEADOWLARK
STREET, MOCKINGBIRD STREET, COPE STREET, PINE MILL ROAD,
THOMAS DRIVE, AND WELCH CIRCLE WITHIN THE CITY LIMITS OF
THE CITY OF PARIS, TEXAS; STATING THE GENERAL NATURE AND
EXTENT OF SAID IMPROVEMENTS; DECLARING THE IMPACT OF
THE PROJECT IN ENHANCING THE VALUE OF INDIVIDUAL
PROPERTIES; INVOKING THE AUTHORITY OF THE CITY UNDER SUB-
CHAPTER D OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT
CODE TO ASSESS AGAINST THE PROPERTY AND PROPERTY OWNERS
THEREOF A PORTION OF THE COST OF SAID IMPROVEMENTS;
CLOSING THE PUBLIC HEARING ON AND ESTABLISHING THE
AMOUNT OF ASSESSMENT AND THE TIME, TERMS, AND CONDITIONS
OF PAYMENT AND DEFAULT; PROVIDING FOR CERTIFICATES;
PROVIDING FOR LIENS; PROVIDING FOR PERSONAL LIABILITY;
PROVIDING FOR REMEDIES FOR NON-PAYMENT; PROVIDING A
REPEALER; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, at its regular Council meeting
of June 14, 1999, considered preliminary plans, specifications, and estimates of total cost for a project
to extend a new sanitary sewer line to the Cope Addition along Meadowlark, Mockingbird, Cope,
and Pine Mill Streets; and,
WHEREAS, thereafter, City Council conducted a public hearing on July 12, 1999, regarding
the said project; and,
WHEREAS, after conducting said public hearing, the City Council adopted Resolution No.
99-085 on July 12, 1999, declaring a need for a project then known as the Pro Rata Sanitary Sewer
Extension for the Cope Addition, including estimated cost thereof; and,
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WHEREAS, the City Council likewise found and determined at said public hearing that the
front footage method of assessing cost against individual property owners for said improvements
would be inequitable, and determined that the tributary area method was a more equitable method
of assessing said cost; and,
WHEREAS, the City Council thereafter instructed and directed the plans and specifications
be prepared for expanding the aforesaid project to include extension of sanitary sewer service to other
properties not originally included in the project; and,
WHEREAS, the City Council thereafter received detailed plans, specifications, and cost
estimates for the proposed expanded project; and,
WHEREAS, the City Council, at its regular meeting of August 13,2001, thereafter adopted
Resolution No. 2001-130, whereby it was found and determined that the original project should be
expanded to include other properties not originally included therein, and concurrently approving
plans and specifications and estimates of cost for the expanded project as set out therein; and,
WHEREAS, the City Council by adoption of said resolution likewise authorized a public
hearing on the issue of assessing the cost of said expanded project against the property owners whose
property would be enhanced in value by said project; and,
WHEREAS, the City Council thereafter adopted Resolution No. 2001-161 on the 17th day
of September, 2001, resetting the date of the public hearing to consider the aforesaid project, said
public hearing being called for Thursday, October 4, 2001, at 6:00 p.m.; and,
WHEREAS, the City Council has determined to conduct said public hearing and to allow all
citizens to comment on the proposed project, stating their views both for and against, and stating
other matters as the same may be relevant to the proposed project; and,
WHEREAS, the City Council, having reviewed the proposed plans and specifications for the
aforesaid project, finds and determines said project is necessary for the protection of the health and
welfare of the citizens and properties located within the area of the proposed project, and is necessary
to provide adequate sanitary sewer service to the affected citizens within the proposed project area,
thereby protecting the health, safety, and welfare of the public as a whole; and,
WHEREAS, the City Council finds and determines the project should be expanded to provide
sanitary sewer service to property owners located in subdivisions generally described as the Cope
Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts in the E. Crow
Survey, along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas Drive,
and Welch Circle; and,
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WHEREAS, the City Council finds and determines the aforesaid project should be conducted
pursuant to and assessments levied under the authority granted to the City by Subchapter D of
Chapter 402 of the Texas Local Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the following definitions shall apply to this ordinance:
"Benefitted Property" shall mean a lot or tract to which sanitary sewer service is
made available pursuant to the project.
"Project" shall mean sanitary sewer system improvements, as that term is defined
herein, to provide sanitary sewer service to property owners and properties located
in subdivisions generally described as the Cope Addition, Suburban Estates Addition,
Golden Acre Addition, and certain tracts in the E. Crow Survey along Meadowlark
Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas Drive, and Welch
Circle, within the City Limits of the City of Paris, Texas, the same consisting of
approximately 7,967 linear feet, more or less, of eight (8) inch diameter PVC sanitary
sewer line and appurtenances, as said project is further described as to its location and
construction by the maps, plans, and specifications prepared for said project as
instructed and directed by the City Council by Hayter Engineering, a copy of which
is incorporated herein by reference.
"Sewer System Improvements'" shall mean the laying of mains, laterals, and extensions
and all appliances and necessary adjuncts required for the sanitary disposal of excreta
and offal from the area in which the improvements are made as described herein, but
shall not include off-site mains, laterals, and extensions and appliances and adjuncts
necessary to connect the improvements to the City's existing sewer system.
"The 'Act' or 'State Law" shall mean and refer to Subchapter D of Chapter 402 of
the Texas Local Government Code, including any and all amendments thereto.
"Cost of Improvement" shall include engineering expenses, fiscal fees, and other
expenses incident to the construction of improvements to the sanitary sewer system
pursuant to the project, as the aforesaid project is described herein.
Section 3. That the City Council of the City of Paris, Paris, Texas, having reviewed proposed
plans and specification, having received input from the general public, having received petitions from
interested and affected citizens, and having found and determined that the provision of sanitary sewer
service is a necessary and proper service provided by municipalities in general and the City of Paris
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specifically, and that such service is necessary to protect the public health, safety, and welfare, does
hereby find and determine and declare the need for sanitary sewer improvements as provided by the
project to the benefitted property, that such project is necessary to protect the public health, safety,
and welfare, and hereby directs that said project shall proceed in accordance with state law.
Section 4. That the general nature and extent of the improvements to be provided by the
project shall be and is hereby identified as approximately 7,967 linear feet, more or less, of eight (8)
inch diameter PVC sanitary sewer line and appurtenances, installed in accordance with any and all
applicable city codes, such improvements to be located in those subdivisions generally described as
the Cope Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts of the E.
Crow Survey, along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas
Drive, and Welch Circle in the city limits of the City of Paris.
Section 5. That the detailed plans, specifications, and cost estimates for the project,
previously authorized by the City Council and submitted to the City Council by the engineering firm
of Hayter Engineering, shall be and are hereby in all things approved, ratified, and incorporated herein
by reference.
Section 6. That the aforesaid project is hereby ordered for construction; that following the
acquisition of necessary easements for the installation of the project, as such acquisitions shall be
authorized by separate action of City Council, competitive bids shall be taken for the project; and that
the project shall be contracted for construction.
Section 7. That pursuant to state law, the City Council finds and determines that the
benefitted properties as the same are described generally herein, and as are more specifically described
in Exhibit A attached here to and for all purposes incorporated herein, are and shall receive an
enhancement in value following the construction of the project equal to or in excess of the amount
shown in Exhibit A attached hereto.
Section 8. That the City Council does hereby invoke and authorize the implementation of the
authority pursuant to Subchapter D of Chapter 402 of the Local Government Code to assess a
portion of the cost of the project against the benefitted property owners whose properties are
enhanced in value as determined herein.
Section 9. That the City Council finds and determines, pursuant to Section 402.066 (c) of
the Local Government Code, that the application of the frontage foot rule for determining the amount
of assessment against each property would result in injustice and inequality as to the individual
property owners, due to the distinct nature of the properties, the difference in location of said
properties, the relative position of said properties to streets and roadways, the need to extend the
necessary sewer laterals to great lengths beyond and away from the actual street surfaces; and the
City Council hereby determines it would be fair and equitable to apportion those costs in the
proportion it considers just and equitable, taking into account the special benefits in enhanced value
to be received by the owners, and adjusting same as to produce a substantial equality of benefits
received and burdens imposed by utilizing the tributary area method, on a per acreage basis, as said
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method is described in Exhibit A, attached hereto.
Section 10. That the amount of assessment for each property under this ordinance shall be
and is hereby set out in Exhibit A, attached hereto and for all purposes incorporated herein, and said
amount is hereby declared and ordered to be assessed against the individual properties and property
owners described in Exhibit A hereto.
Section 11. That the aforesaid assessment shall be due and payable in eighty-four (84) equal
monthly payments due and payable as an additional charge to the water bill of each property served
under the project, or individually billed by separate monthly statement at the City's choice, provided
no monthly payment for said assessment shall be less than twenty-five dollars ($25.00), and provided
further that if said payments shall be made on a timely basis, then no interest shall be assessed thereon.
Section 12. That in order for such payment of said assessment to be timely made payment
must be made in accordance with the requirements for timely payment of the accompanying water
bill (or in the case of a prior disconnection of the water service thereto or otherwise at the City's
choice, payment of a regular monthly statement forwarded to the property owner on the same basis
as a monthly water bill), and in the event of a failure to make timely payment, then the City may
assess interest in an amount not to exceed 10% per annum against any payment in arrears beginning
ten (10) days after the payment is due. Such penalty and interest to be payable in addition to any and
all other remedies under state law which the City may invoke as the result of non-payment of the
aforesaid assessment.
Section 13. That, in addition to imposing penalties and interest as provided herein, in the
event that assessments are not timely paid, the City may pursue foreclosure of any lien claimed or
filed against the property as provided herein or pursuant to state law; may pursue as a personal
liability against the owner of said property at the time the assessment is made the cost of recovery of
said assessment, by bringing an action in a court having lawful jurisdiction over such matters; may
pursue sale of the assessed property in the manner provided by state law or the City Charter in the
same manner as the City may sell property for municipal property taxes; or the City may refuse to
connect or may disconnect water or sewer service to a parcel of benefitted property during the period
in which there is a default in the payment of the amount assessed; or the City may refuse water or
sewer service to the owner of such property until the owner pays the City the assessment made
against the property. All assessments hereunder are collectable with interest, cost of collection, and
reasonable attorneys fees.
Section 14. That the City Council does hereby authorize at the City Manager's discretion the
issuance in the name of the City of assignable certificates as evidence of the assessments levied
hereunder, thereby declaring a lien on the property and the personal liability of the owners, whether
named correctly or not, against whose property such assessment is made. The terms and conditions
of the certificates hereby authorized shall be the same as those terms and conditions set out herein
for payment of the assessment. Any certificates so issued shall substantially state that the required
proceeding relating to the project and the improvements referred to in the certificate has been held
in compliance with state law and all prerequisites to the fixing of an assessment lien against the
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property described in the certificate and the personal liability of the owner of the property has been
performed. The certificate shall be prima facie evidence of all matters recited therein, and further
proof shall not be required. In any suit on an assessment or reassessment in evidence of which a
certificate may be issued under this ordinance, it shall be sufficient to allege the substance of the
recitals in the certificate and that those recitals are true. Further allegations with reference to the
proceedings related to the assessment shall not be necessary.
Section 15. That there is hereby assessed and levied a lien for payment of the assessments
made hereunder, such lien to be assessed and placed against the benefitted property as described in
Exhibit A attached hereto. Such assessment shall be a first and prior lien on the assessed property,
taking effect on the date that any notice of proposed improvements shall be made as required under
Section 402.067 of the Local Government Code. Said lien shall be and is hereby claimed superior
to any other lien or claim except a State, County, School District, or Municipal Property Tax Lien.
Section 16. That the assessment made hereunder shall be and is hereby further designated
as a personal liability and charge against the owners of the assessed property on the date on which
the aforesaid lien takes effect, whether or not the owners are named in a notice, instrument,
certificate, or this ordinance, provided further that such personal liability shall be claimed in the first
instance against those owners as named in Exhibit A attached hereto.
Section 17. That the City Council does hereby authorize the City Manager, the Finance
Director, the City Clerk, or the City Attorney to file a notice or notices with the County Clerk of
Lamar County, Texas, signed by one of the officers designated herein on behalf of the City stating
that the City Council has determined by order of this ordinance that sewer system improvements as
identified herein are necessary, and further identifying the required improvements by location or
otherwise, and stating that a portion of the cost of the improvements, as said portion is stated herein,
is to be and has been specially assessed as a lien against the benefitted property, as such property is
described in Exhibit A attached hereto. It is not necessary that said notice give details or be sworn
to or acknowledged; the notice may be filed at any time, but when such notice is filed, the same shall
be recorded by the County Clerk in the records of mortgages or deeds of trust for Lamar County and
shall be indexed in accordance with state law.
Section 18. That all property, including church and school property, shall be subject to
assessment authorized for the project under this ordinance. However, the lien authorized and affixed
herein against the real property as shown in Exhibit A that is exempt from the lien of a special
assessment for local improvements under the Constitution of this State shall likewise be exempt from
the affixation of the lien authorized herein. The exemption from the affixation of said lien, however,
shall not exempt from and the owner shall continue to be personally liable for the assessment made
in connection with the project as authorized herein.
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Section 19. That any and all other terms and provisions or requirements of Subchapter D,
Chapter 402 of the Local Government Code shall be and are hereby incorporated into this ordinance
as if specifically set out herein.
Section 20. That the City Council finds and determines that a public hearing as required
under Subchapter D to Chapter 402 of the Local Government Code has been properly noticed and
conducted in accordance with said statute, and that by adoption of this ordinance, the aforesaid public
hearing is likewise officially closed.
Section 21. That no part of the assessment authorized hereunder shall mature before the
acceptance by the City of the improvements which constitute the project as described herein.
Section 22. That the City of Paris is a Home Rule Municipality, and does hereby reserve unto
it all the rights and authorities extended to Home Rule Municipalities pursuant to Section 402.075
of the Local Government Code, including the right of the City to pay cash to the contractor who is
the successful bidder on the project that part of the cost assessed against the owner and the benefitted
property, to thereafter reimburse itself by levying the assessment authorized herein against the
benefitted property, to reimburse itself up to the amount of the enhancement and value represented
by the aforesaid benefits, and to issue assignable certificates in favor of the City as set out herein. The
City likewise reserves its rights to use its own forces to make a portion of the improvements
constituting the project if such work could be performed more expeditiously and economically in that
manner.
Section 23. That if any section, paragraph, sentence, clause, phrase or other part of this
ordinance shall be declared unlawful, unconstitutional, or otherwise unenforceable by a court of
appropriate jurisdiction, such declaration of unenforceability shall not affect the lawfulness and
enforceability of the remainder of the terms of this ordinance, it being the intent of the City Council
that the terms and provisions of this ordinance are severable.
Section 24. That any and all prior ordinances or resolutions in conflict with this ordinance
shall be and are hereby repealed to the extent of such conflict only.
Section 25. That this ordinance shall be effective November 1,2001.
PASSED AND ADOPTED this 4th day of October, 2001.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
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APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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TABLE OF ENHANCED VALUES AND ASSESSMENTS,
EXPANDED SANITARY SEWER EXTENSION, "COPE ADDITION"
Based on the tributary area method in accordance with Section 402.066(c)
Texas Local Government Code
The minimum enhanced value and amounts of assessment are as follows:
SUBURBAN ESTATE SUBDIVISION
MINIMUM ENHANCED
VALUE AND AMOUNTS OF
LOT._ BLOCK OWNER ACREAGE ASSESSMENT
_ 1-2-3-4 A_ BURROWS 1.09; $2,748.95
5 A RATLIFF 0.43 $1,082.46
1 B ~BUSTER 0.344 $865.97
2- 3 B STONE 0.688 $1,731.94
~ l- B WiSE - 0.344 $865.97
5/ B HARPER 0.344 $865.97
6 B BROWN ~ 0.344 $865.97
7 B OFFUTT .0.344 $865.97
8 ,, B MOORE 0.344 $865.97
9 - 10 B MOWERY 1.033 $2,600.42
11 B GURLEY 0.344 $865.97
12 B BISHOP 0.344 $865.97
13 B i JENKINS 0.344 .. $865.97
14 B MORGAN 0.344 _ _ $865.97
15 ~ . B BAGGERLY 0.344 $865.97
16 B HUTSON 0.344 $865.97
17-18 B LOVELL 0.688 $1,731.94
1 C WHITAKER 0.344 $865.97
2 C BRYAN 0.344 $865.97
3 C BAZAZZADEH 0.344 $865.97
4 C PRICE 0.344 $865.97
5 C ROCK RADER PROPERTIES, INC 0.344 $865.97
6 - 7 i C GRAEF i 0.689 $1,734,45
8 i C SMALLWOOD I 0.34, $865.97
9 C BROWN I 0.344 $865.97
10 C BRUNSON ~ 0.344 $865.97
11 C HUDGENS ! 0.681 _$!,714.31
13 C WALKER 0.351 . $__8.83~59
1 D JONES 0.344 $865.97
2 D LANE 0.344 $865~97
3 D MORGAN 0.344 $865.97
4 & Pt of 5 D ROBERTS 0.351 $883,59
6 D FORTNER 0.344 $865.97=
Pt of 5 D RENDSLAND 0.337 $848.35
1 E BROOKS 0.43 $1,082.46
2 E SKINNER 0.344 $865.97
3 E HOPSON 0.344 $865.97
4 E ELLIOTT 0.344 $865.97
5 E LOVE 0,344 $865.97
6 - 7 E PARSON 0.344 $865.97
7 E PLUNKETT 0.34, __ $855.9{~
TABLE OF ENHANCED VALUES AND ASSESSMENTS,
EXPANDED SANITARY SEWER EXTENSION, "COPE ADDITION"
SUBDIVIDED PROPERTIES
MINIMUM ENHANCED
~ VALUES AND AMOUNTS
I OWNER ACREAGE OF ASSESSMENT
DAVIS, FRANK_L_IN 0.46 $1,157.98
Vt/RIGHT .... 0.28 $704,86
___ ~_O_OPER 0.45 $1,132.81
HAYNES ~ 0.45 $1,132.81
SCOTT ....... 0.45 $1,132.81
THOMPSON 0.45 $1,132.81
MAXWELL 0.45 $1,132.81
HAYES 0.(J $2_,2~5.61~
LONG 0,45 $1,132.81
KENNEMER 0.725 $1,825.08
LINDSEY 0.45 $1,132.81
~WARDS 0.31
$780.38
iSMITH 0.15 $377.60
ANNETT 0.45 $1,132.81
_.__ BROWN 0.45 $1,1_32_ .81
RICKABY 0.45 $1,132.81
FANGIO 0.45 $1,132.81
DRAPER 0.45 $1,132.81
SKIDMORE 0.45 $1,132.81
SHARP 0.34 $855.90
PEACE 1.848 $4,652.06
CALANTONIO 0.47 $1,183.15
GRIFFIN .... 0.39 . $981.77
EXUM 2.48 $6,243.03
SKIDMORE 3.95 $9,943.53
SCOTT .... 0.6(~ $1_,661.45
VVRIGHT 0.278 .......... $699.82
ENSEY 2 $5,034.70
!BOOTH 0.45 $1,132,81
HOLLAND 0.18 $453.12
PRATER 0.46 ..... $1,157.98
;TIDHAM 1.15 $2,894.95
TABLE OF ENHANCED VALUES AND ASSESSMENTS,
EXPANDED SANITARY SEWER EXTENSION, "COPE ADDITION"
GOLDEN ACRES SUBDIVISION
MINIMUM ENHANCED
VALUES AND AMOUNTS
LOT BLOCK OWNER ACREAGE OF ASSESSMENT
2 A CATE .......... 0.27 .... $~6.79.~8
3 A CATO 0.3 $755.20
4 A HUBBARD 0.229 $576.47
5 A KING 0.2 $503.47
6 a RHODES 0.256 ....... $644.44
7 A MCFADDEN 0.4 $1,006.94
8 A STEWART 0.448 $1,127.79
9 A CHANDLER 0.275 $692.27
1 B :~,Y 0.26 $654.51
2 B CLAY 0.266 $699.61
3 B KERSH 0.268 $674.65
4 B MCFADDEN 0.43 $1,082.46
5 B VERDOME 0.47 $1,183.15
1 C BARTON 0.31 $780.38
2 C BARTON 0.3 $755.20
3 C CAMPBELL 0.3 $755.20
4 C INORRELL 0.29 $730.03
TOTALS ~ __
45.689
Cost of the Collector Lines ......... $4~29~,1~.~_1._0_0
T~tal Project cost $55t,343.00
Tributary Area Method:
The total drainage area that is not currently being served with Sewer by the City of Paris is 170.5 Acres.
Acreage of the properties to be assessed is 45.689 acres
The percentage of the cost to be assessed will be 45.689 acres divided by 170.5 acres
45.689/170.5 = 0.268 26.8%
26.8% of the total cost of the collector lines will be assessed.
The cost of the Collector portion of the sewer lines is $429,161.00
The cost to be assessed is $429,161.00 times 0.268 = $115,015.15
The cost per acre is $115,002.56 divided by 45.689 acres = $2,517.349 per acre or portion of an acre