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HomeMy WebLinkAboutPO 5916: SEWER LINE IMPROVEMENTS ON 9TH AVENUEinteroffice 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 7 ~' ~ U.S HIGHWAY 89. 98, IBI ~ .:n ~ ~ roM.9 ~ ~ '~ ~ m n ~n ~ ~ E ~ ` ~"~ O y r ~" p s 3 3 91h Ave Y ~ ~ ~ ~ n Z ___ qIR 73.. \ ~ TT 11 ~ ~ - { O 7 77 C, C a Y ~ ~ Z Q y O 2 0 N z = o rn ~ m •. o T N O F QQ Z a!J < >~g a 8gs o z 0 V I D Z rn D n -v ~ z ~ °* ~ ~ ~ O z ~ c D ~ ~' ~ _ c o ~ z ~ ~ rn z rn C rn ~ ~ rn z n z -~ z o o `~ z -n o ~' =~ `J D r ~ O z ~ ~ Z z D ~ ¢o g~~ OcnO o ~~ ~R7T ` ~"° °mrn ~ r T ~ ,Tl T ~~ ~ ~ ~ !~ ~. Z °D_ OD Z . C o ,~ n .-, ~ O ~ .A ~ ro D .p (D 0 ~ rt K ~ ~ ~ o ~ ° ~ ~ `^ ~ 0 V ~ ~ C o ~ J _, ~~~/ ..~°~ _ f`. G~~S o~ . ~- ~- 3 C ~. v N in ° in ~ in °o i o n ~ ~ to g ;.. a~a ' ~ ~ qs gg ~ i . 4 k 9 _ ~,., ., l I'. >.y ~~ `~~ ~ J o; 8~ i> ~~ 1~:' i I a ~ {{ I p- C :$ I I i 8 is~ ~ S 3 n I I ~~~ ~ ~~ ~ ~ I ~ \\ ~ I. ~\ \~ I _ L-_ ~ ~ ~~ ~~ ~ ~ .. CDl I \ 1 p m I 9 ^0 4 G - 1 0 ~ ~ 'm° m m I 19<9 gz~ z~ O I~ ~m ~'n m~ ~ m r i ~Sn SFn ~z 9mz SAp v ~ ~ N I o A z o Q I { m ~ ~~_~ I J m6 4~~ Q~3 ~o b o~g~'~~ ~ ~~ ~p~ ~~ o ~m f= - aka ~~ ~ -- g~ ~ ~ s ~ '~ ! s g~ ; fi ~ ~ s, 09 ~~, § ~f=emu=~ ~~ ~ x ~ - '" n ~~+~g' ~~~ ~~~_ ~ ~ ~k ~3~€m~~~p ~~#~~ ~ ~~~~Q° ~4~~ , i a~ r _ 8~ ~ g 8 ~ ~ ~ e a e~ I ~ ~~ ~~ •G ~£ II - „p4 ~. 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STA. 5+38 ~ ~ o N ~ ~o° N tt rr TxDotSTA 85+50 ~' ~~ a` i ~~ g; goo ~~~ ~~ 3 Z i i s ;~ gg ~ 0 9~ ~ ~~ ~ ~ -+ ~ 2 i ~ d O P.~ a 3~ ~~ e~ ~~ i a / ~ ~, f7 ti ~I v i £~ ~~ ~ ~~~ ~~~ vW sb ~ ~ ~ ~~ 'm ~ ~' [J D i,~ _ ~ ~ i I, g ~ ~ s I o .~ ~ t~ ~ ~ ~ ± I >< vs a t f-+ ~ - . 7 z ~ I o y c ~F'' ~ ~ r n 3 PPOP. B 5 SEVI g .i0'Y -~'_ '~ s. L 6 _ m r .:,fir-._ y .._ _ _.._. ..:~ L_ a op,~ r v 3p p ~aKilONA40(YtE '~_I ~ c~° o x ~ T ~~ ~ '~ ~ gm= I °o ~~ ~ ~ t ~~o °a i ac ~i i F % a o ~ ~,7 ~~ ~ ~ ( ro - ~ > 1m ~ ~ / ~ r ~ y EIS N ~ $ g~ ~ rn ,, s v ° rn ~ r.~ µ ~ cz ~'v w V I\ e/;:': l R; R~ 6 I ~e : I _ ~~; K S R ~ / l~ / ~ / / N limit V ~ ~ O ~ MATCH tInE nEJrt SHEET ~ ~ C ~ ° ~ cn o ~ ~ = ~ c ~n ~ a a T ~ ~ ~ `~ c ui m D ~ w m ~. ~ ~ ~ o ~~ m m= an ~ s s N C o f v^ y ~ a 8 ~ m N ~ ~ 5 o 3 R ~ s ~' ~ + ~ rt n ~ ` ~"' 8 ~a ~ j`= o ~ fi ~\ ~ u~ ~~ rn f < I ~ d - T I ' __.. ~ ~ _. ' r ~ +`~ ~F ,R 8 w _. ~ m g~ r~9 ayk -Fm ~ ~~9 ZOZ I I ~ ? r ~7~ ~~G ~55 `x" }'~ tfi p ~ m ~~~~§k~p E~~~S~~y~~l~ i 'F p ~$a~~s I$~~~' g~~y~~ks$~ 46aR f~ 4, d~~ 4~~ m~ a ~~ c" ~ ' 4 ~ F J ! 41' t i r- ~~ ~ ~ ~ ~ 52' ~, SAN. SEW. STA. 11+38 `" TxDot STA 91+50 ~ ~q~~g~E® Ag 4r~ ~ ~ §~ ~~ ~ a°~ax~o ~ h~ 88~~'_. a ®q ~~ m~ ~ ~ ~ mi A~m r1 g~~e'~. ~'q ~ F¢ ;zyD r~n a MATCH I-Ik PREVIgK 41&T o W iO N ~ V r N N in o ~ °o ~ ~ T { i qo , ~s~~~~ ~o v 9 ,y k~ A F T g Ip Tn$ 5~ O ~c z N ~ ~ + ~C ~x ~~ D E. 3~ ugh 9~ ~ :? :c 4 - o _ ,. I ^ < c~~ ~ co i ~~ -i y~l~ii _._ ~.~ _. D i0 ~!i ~1 D A . ~ __ ~~ m m 1 ~~ N 9 a~ 9 z x Ll ~~-.~ p °w ~ O n c 1 I A Py ~4Q ~ is ~1 FZS 1 a£c 30 x l u0]i tr a`Nn ~ ~ p N O U nara uHe wuvw us sn~ N ,°x N ~ ~ ~ g o ~ ~ N _ c c. R m ° ~ V1 0 '~ xo ~ ~ N l0 ~ ~ ~ ~ ~ O ('1 ~ i ~ ~ & ~ ~ ~ c D ` o v ~ ~ o ~ W m Z ~ R D ~ ` _ V c ^ ~ g o ~ T 3 o q `~ ~ + ~ A ~ ~{ 5 l.! SAN. SEW. STA. 11+38 TxDot STA 91+50 ~0, s 1 65' ~~~ { 41' `-I T i ~ c I i I i ~ I a Z I ~ I I I ~ I I I I I 1 _ _ ~-1{~ 1 ~ 1 ~_ ~~ ~~ ~~ ~ Io I W W i.;.,, ~~ 1~ W~ W n ti•._y~....W W 1Y ,.._W I F I I ~I ~ ~ ~~ I ~ G I j > I s c xm 1~ :~S j z 1 m I ~ p~ I j I ~I, ~~~ j `'~ ~ ~ I I ro 1 1 ~ ~~ U] C: ~- rr'~ 1 1 I j 1?' 1 i J ~ I i0' ~ 60' ~ ~ ' I i I 41 r 1 j j 1 1 1 1 I I I ~I I SAN. SEW. STA. 17+38 TxDot STA 97+50 ~~~~o~3~F ~~ ~~ ~~ mf ~~ ~~ 3€~m~~~~ R oqp €~ ~ ~~ ~~ $ { azccpo _ 'Yg~~~i$= ~g gq ~ 6~ ~` ~~ 4ov ooo~ bosgB a- $7R ~ ~~ o~ ~ ciFD~ ~ '9~~ ~$~c ~ 3 ~$ ~~ ., ~ ~m~~~ c 4 n~e~3 0 ~~ S~ ~P ~ ~ mz A~ yy ~ Ow~ ~~ n<.a l:rae aaevious sneer o N V N VI O 111 ~ O N 1011 r~ ~~1 $ ~' aY ®m <'_ ? D n. : e4 'e N ti ~~ ~' w _N _._. ~ ~ ~ N ~ N O O O to 1+1 0 8 a a ~ ~ ~ ~ m T .. o ~ ~ -0 ? ~ x o cn a o' ~O _ ~ O n ~ a a 7 9 ~ a ~ 0 ~ -o ~ ~ D ~ ~ ~ o x ~ 9 4' ° ~ C " :: a ~ £ 4 ~~+ ~ V ~ rn ~ . 0 ~ ez ~ + ~ ~~ O 8 ~ ~ 1+ ~~o a~G Sn s~ 95~ i~ o ~~ 3 ~~v 4"~2 nF ° ~g> ~~, 3~ z --- ~~ ~~ SAN. SEW. STA. 17+38 TxDot STA 97+50 ~ II _~`F~ i I 2' -r GF '.ro.,t~pz_'_ '~ 'ion ,a --~ ~ ~- , _ 41_ 31 ° U ~ ~ I ~ 3 ~1 t ~ ` ry; ~ ~ ~ ~ ~_ ~ ~ I ~~~ ~~- ,~ ,~ i ;~ I ~> 1 m ~ ~ ~„ ~ ' _ _ Y 1 .~ I `s + _ ~ _ ~ I I x; I -I - °~ ;,I '; i ~ I I I I t I I I I ~I "~ ~~ ~ E I I I I I -h ~ i i ~_ z I ~ ~ ~ i I F F I ~ i ~ i £ I \ I i I £ 1' EF ~ F ~ I ~ g 55pp O ~F ~~'`~~3 ~ ~ ~ =a ~_ $G ~S ~~~~~ ~~ ~~ ~~ N ~ v, ~g Rc~ ~: 4 I '. i - i i I ',~ mm~ po ~m ~ ooooo~ ~~'~m iCya"~~~ Vy °~~ o'y V 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 z.po5916 mts 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%