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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, First Assistant City Attorney '~• ~
~ti
Date: August 22, 2008 ,d',~,~
Subject: P. O. No. 5916; Council Meeting August 26, 2008 ,~j `
Attached is P. O. No. 5916 assessing the cost of various sewer
line improvements on 9th Avenue, pursuant to Chapter 402 Local
Government Code in the City of Port Arthur.
VRT:ts
Attachment
cc: Director of Utility Operations
z.po5916 memo2
P. O. No.5916
08/22/08 mts
ORDINANCE NO.
AN ORDINANCE ASSESSING THE COST OF VARIOUS
SEWER LINE IMPROVEMENTS ON 9TH AVENUE PURSUANT
TO CHAPTER 402 LOCAL GOVERNMENT CODE IN THE
CITY OF PORT ARTHUR
WHEREAS, the City Council has been requested to make sanitary
sewer line improvements on 9th Avenue and to levy assessments,
pursuant to Chapter 402 of the Local Government Code, as
substantially described in Exhibit "A" and for a total of 1,990
feet from the area of Lake Arthur Drive and the platted 67th Street
toward 60th Street; and
WHEREAS, the planned sanitary sewer improvements and costs
thereof are:
^ Sanitary Sewer Line for 1990 feet $529,698.00
and
WHEREAS, the maximum assessment under Chapter 402 of the Local
Government Code for the sanitary :ewer line improvement is:
• Sanitary Sewer Line @ 90o Assessment $476,728.20
and
WHEREAS, the City has notified the abutting property owners of
the nature of the improvement and the estimated cost thereof; and
WHEREAS, a public hearing was held on these pY•oposed
improvements on July 29, 2008 and August 26, 2008, for the ~>urpose
of receiving comment from the abu1~ting property owners.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
z.po5916 mts
Section 1.
true and correct.
Section 2.
That the facts and opinions in the preamble are
That the asse:~sment procedures, as denoted in
Exhibit "B", have been fully complied with.
Section 3.
That the property owners, as delineated in
Exhibit "C" are hereby assessed the following for the proposed
sewer improvements on the above dESSCribed section of 9th Avenue:
• Port Arthur Independent School District $ 112,221.00
• United Board of Mission: $ 5,302.00
• Frank J. Pritchard $ 3,098.00
• Texas HCP Holdings, LP $ 33,854.00
• Diocese of Beaumont $ 100,756.00
• Sa Van & Kim Ly $ 57,228.00
• C. Doornbos, Jr. $ 117,236.00
TOTAL $ 429,695.00
Section 4. That the City Attorney is authorized to file
the Ordinance assessing the property in the Real Estate Records of
Jefferson County.
Section 5.
That a copy of the caption of this Ordinance be
spread upon the Minutes of the Ci1~y Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Regular Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote: AYES:
Mayor
City Council
NOES:
DELORIS PRINCE, MAYOR
z.po5916 mts
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED AS TO FORM:
.f'` ~ ~
MARK T. SO~OL ITY ATTORNEY
(co~~ ~~~~c~
ROVED FOR THE AVAILABILTY OF FIUNDS:
..
i
~,
REBECCA UNDERHILL, DIRECTOR OF FI]VANCE
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
z.po5916 mts
EXHIBIT "A"
z.po5916 mts
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EXHIBIT "B"
ASSESSMENT PROCEDURES
WHEREAS, the City of Port Arthur, Texas (the "City"), deems
it necessary and proper and in the best interest of the citizens
of the City to authorize the Mayor to execute and the City
Secretary to attest assessments against the owners of land
adjacent to 9th Avenue, City of Part Arthur, for sewer line
improvements to be built thereon.
NOW THEREFORE, BE IT DETERMINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS, AS FOLLOWS:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Council of the City of Port
Arthur finds:
(a) That the City Council of the City of Port Arthur, Texas
has heretofore determined the necessity for, and herein
orders the improvements of 9th Avenue in accordance
with general plans approved by the City Council.
(b) That the City Council has caused written estimates of
the cost of such improvements to be prepared, which
estimates have heretofore been filed with the City
Council, and are delineated in the body of this
Ordinance.
(c) That after the filing of said estimates, the City
Council did provide for and order a hearing to be held
at 7 p.m. on the 29th da.y of July, 2008, and on the 26th
day of August, 2008, in the Council Chambers, 444 4th
Street, Port Arthur, Texas, at which time and place all
persons, firms, corporations, and estates owning or
claiming any such abutting property, or any interest
therein, and their agents, and attorneys, and all other
persons interested therein, were to appear and to be
heard in person or by counsel, and such hearing was
timely announced and due notice given thereof. The
City Council does hereby, in all respects, confirm the
setting of such hearings and the notice thereof, given
by publication in the Port Arthur News, and by United
States mail, to each affected property owner. At such
hearing, which was duly held on the 29th day of July
2008 and on the 26th day of August 2008, the following
occurred:
• The nature of the improvements and the estimated
costs were explained, as delineated in the
attached Ordinance.
z.po5916 mts
• Based on the comments of Mr. Doornbos and a
representative from the United Board of Missions
at the July 29, 2008 hearing, a 200' extension was
considered.
• A second hearing w,as held on August 26, 2008, with
the following comments:
(d) That at said hearings, opinion were voiced; that the
City Council has heard all parties who appeared and
desired to testify, object, or protest as to the
special benefits and enhanced value to accrue to said
abutting property, and the real and true owners thereof
as compared with the portion of the costs of
constructing said improvements proposed to be assessed
against said abutting property and has heard all
parties appearing and offering testimony together with
all objections and protests relative to such matters
and relative to any errors, invalidities, or
irregularities, in any of the proceedings for said
improvements, and has given a full and fair hearing to
all parties making or desiring to make any such protest
or objection, or to offer testimony and has fully
examined and considered all of said evidence, matters,
testimony, and objection suffered. The following
persons spoke at the hearing:
^ Mr. Doornbos gave comments at the July 29, 2008
hearing and was in favor of a 200' extension. A
representative of the United Board of Missions
gave comments at t:he July 29, 2008 hearing and was
in favor of the project.
The following persons made comments at the August 26,
2008 Public Hearing:
(e) That based on the evidence, matters, testimony, and
objections considered at such hearing, the City Council
determines and finds that the properties and each and
every parcel of such property abutting upon the above
named street, will be enhanced in value and specially
benefited by the construction in an amount in excess of
the amount of the cost of such proposed improvements as
hereinafter assessed against said property owners
abutting upon said street, and the real and true owners
thereof. That not more than nine-tenths (9/lOths) or
90%, as noted, of the total cost of such improvements,
as shown on such estimates, will be assessed against
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the abutting property and the real and true owners
thereof .
(f) That the City Council is of the opinion and finds that
the Assessment Per Acre applied would not result in
injustices and inequities between different parcels of
property, and the City Council determines to so
apportion and assess the cost; and the City Council has
further found, upon the evidence, considered that the
assessment hereinafter made, and the charges hereby
declared against said abutting properties and the real
and true owners thereof, are just and equitable; and
all objections and protests, if any, should be
overruled and denied.
(g) That the construction o:E the improvements as ordered
was not commenced prior to the preparation of the
estimates of cost of such improvements, and the filing
of the same.
Section 3. That there being no further protests or
testimony for or against, or in reference to said improvements,
benefits, or proceedings, said hearing granted to the real and
true owners of the properties abutting upon the above-named
street, and to all persons, firms, corporations, and estates
owning, or claiming same, or any interest therein, shall be, and
the same is hereby closed, and all protests and objections, if
any, whether specifically mentioned or not, shall be, and the
same are hereby, overruled and denied.
Section 4. That by virtue of the powers vested in the
City, with respect to said sewer improvements, by the laws of the
State of Texas, with particular reference to Chapter 402 of the
Local Government Code, there shall be, and is hereby, levied,
assessed, and taxed against the respective parcels of property,
hereinafter described and abutting upon the above-named street,
and against the real and true owners thereof, whether they be
named or correctly named, or said properties be correctly
described herein or not, the several sums of money determined, as
more fully described in the accompanying exhibit to the Ordinance
adopting this Assessment.
Section 5. That the assessment shall be paid as follows:
• The assessment shall be paid as follows: in equal
monthly installments over a three years period
commencing on the first day following completion.
• If not paid when due, the assessment shall bear
interest at the rate of the lesser of eight percent
(8~), or the maximum legal rate per annum. Further, if
default be made in the payment of assessments when due,
then there shall be due additionally thereon,
z.po5916 mts
reasonable attorney's fees and all collection costs
actually incurred. Furthermore, the assessment period
shall be paid in full prior to certificate of occupancy
being issued on a building on any particular lot.
• The several sums calculated, pursuant to Section 5
above, and the assessments hereby levied against said
parcels of abutting property, and the real and true
owner or owners thereof, whether said owners be named
or correctly named, or said properties be correctly
described herein or not, together with all charges to
accrue thereon, if incurred, are hereby declared to be
and made a first and prior lien upon the respective
parcels of property against which same are assessed,
and a personal liability and charge against the real
and true owner or owners thereof, whether or not such
owner or owners be named or correctly named herein,
paramount and superior to all other liens, claims, or
titles, except for lawful ad valorem taxes; and that
the sums so assessed shall be payable as provided
herein when all road and utility improvements have been
completed and accepted by the City.
Section 6. That the purpose of evidencing said
assessments and the liens securing the same, for the several sums
assessed against the said parcels of property and the real and
true owners or owner thereof, and to aid in the enforcement
thereof, assignable certificates shall be issued by the City, in
the name of the City, for the above-described sewer construction,
in an amount equal to and to the extent of the sums of money
assessed against, and to the extent to be paid by the abutting
properties and the real and true owners thereof, which
certificates shall be executed by the City Manager in the name of
the City, attested to by the City Secretary with the City Seal,
and which shall declare the amounts of said Assessments and the
time of payment and terms thereof, the rate of interest thereon,
the date of completion and acceptance of the improvements for
which the certificate is issued, ;and shall contain the name of
the apparent owner or owners as accurately as possible, and the
description of the property as accurately as possible, by lot and
block number of front feet thereof, or such other description as
may otherwise identify the same, and if the said property shall
be owned by an estate or firm, then to so state the fact shall be
sufficient, and no error or mistake in describing any such
property, or in giving the name of the owner or owners, or
otherwise, shall invalidate or impair the assessment levied
hereby of the certificate issued in evidence thereof.
Section 7. That the said certificate shall further
provide substantially that is default shall be made in the
payment of principal and/or interest when due, then at the option
of the holder thereof, the whole of said assessment evidenced
thereby shall at once become due ;and payable, and shall be
z.po5916 mts
collectible, with reasonable attorney's fees and all expenses and
cost of collection, if incurred; and said certificate shall set
forth and evidence the personal liability of the real and true
owner or owners of such property, whether named or correctly
named therein, or not; and the lien upon such property; and that
said lien is first and paramount thereon, superior to all other
liens, titles, and charges, except for lawful ad valorem taxes.
Section 8. That said certificates shall further recite
in effect that all the proceedings with reference to making said
improvements have been regularly had in compliance with the law
in force in said City, and proceeding of the City Council of said
City, and that all prerequisites to the fixing of the assessment
lien against the property, and the personal liability of the real
and true owner or owners thereof, evidenced by such certificates,
have been regularly done and performed, which recitals shall be
evidence of all matters and fact so recited, and no further proof
thereof shall be required in any Court.
Section 9. That the City Manager shall execute, and the
City Secretary shall attest, such additional documentation as is
necessary so that this assessment may be properly filed as a lien
against the owners of land adjacent to the portions of 9th Avenue
being improved.
z.po5916 mts
EXHIBIT ~~C"
PROPERTY ACRES % OF ASSESSMENTS % OF TOTAL
OWNER TOTAL $396,645 ON TOTAL FOR ASSESSMENT
FOR 1790 FEET CHANGE $429,695
PACKAGE ORDER-
ONE (ALT 200 FEET
1) AND $33,050
ADDITIVE WHICH IS
BID-1790 ADJACENT
FEET TO
$496,645 LY AND
DOORNBOS
PAISD 17.080 28.29% $112,221 $112,221
UNITED .807 1.34% $ 5,:302 $ 5,302
BOARD OF
MISSIONS
FRANK .049 .08% $ 325 $ 325
PRITCHARD .219 .36% $ 1,440 $ 1,440
.203 .34% $ 1,:333 $ 1,333
Total: Total: Total: Total:
.472 .78 $3,098 $3,098
Texas HCP 4.745 7.86% $31,176 $31,176
Holdings LP 0.408 .68 5 $ 2,678 $ 2,678
Total: Total: Total: Total:
5.153 33,854 $33,854
Diocese of 15.335 25.40% $100,756 $100,756
Beaumont
Ly, Sa Van & 7.060 11.69% $ 46,387 32.81% $ 57,228
Kim
Doornbos, 14,463 23.96% $95,027 67.29% $117,236
C. Jr.
ASSESSMENT CALCULATIONS ON 1790 FEET
COST ESTIMATE: $496,645
CITY SHARE: $100,000
ASSESSMENT BALANCE: $396,645
COST ESTIMATE OF CHANGE ORDER: 33,050
TOTAL ASSESSMENT: $429,695
CITY SHARE: $100,000 OR .1887%