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Home My WebLink AboutOrdinance No. 2010-1858CITY OF THE COLONY, TEXAS ORDINANCE NO. 2010-1858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS FOR THE COST OF IMPROVING A SIDEWALK IN THE CITY OF THE COLONY, TEXAS, IN AND ALONG MORNING STAR DRIVE SOUTH OF ITS INTERSECTION WITH CRESCENT DRIVE FOR A DISTANCE OF APPROXIMATELY 415 FEET; FIXING CHARGES AND LIENS AGAINST THE ABUTTING PROPERTY OWNERS THEREOF; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, INCLUDING THE RATE OF INTEREST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 311.004 of the Texas Transportation Code provides the authority for a home-rule municipality to construct a sidewalk; provide for the improvement of a sidewalk or the construction of a curb under an ordinance enforced by a penal provision; or declare a defective sidewalk to be a public nuisance; and WHEREAS, Section 311.093(a) of the Texas Transportation Code provides the authority for a home-rule municipality to assess a landowner for the entire cost of constructing a sidewalk, including a curb, abutting the owner's land; and WHEREAS, Section 311.093(b) of the Texas Transportation Code provides that the "assessment creates a lien on the owner's abutting land for the assessed cost;" and WHEREAS, the City Council of the City of The Colony, Texas, has determined the necessity of levying an assessment against the abutting property owners for the sidewalk improvements in and along Morning Star Drive, as generally depicted in Exhibit A of this Ordinance which is attached hereto and incorporated herein for all purposes; and WHEREAS, in full compliance with state law, the City of the City of The Colony, Texas, has prepared statements showing the names of property owners upon the above-described street, provided notice to the abutting property owners thereof, and conducted a public hearing concerning said assessment for the sidewalk improvement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. Incorporation of references. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Public hearing. That the City Council has heard all parties who appeared and desired to be heard as to the special benefits in enhanced value to accrue or that has accrued to said abutting property and the real and true owners thereof, as compared with the portion of the cost of constructing said sidewalk 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 objections offered. The public hearing which was granted to the real and true owners of property abutting upon said streets within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, has been heretofore closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. Assessment apportioned under front foot rule. It is hereby found and determined, consistent with Section 311.093(a) of the Texas Transportation Code, that the costs of the sidewalk improvements along Morning Star Drive, as depicted in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes, and the amounts per front foot to be assessed for such improvements against abutting property and the real and true owners thereof are based upon construction estimates. The City Engineer's total estimate for the costs of improvements is $ 18,260.00 . The total length of said sidewalk project is _ 415.00 feet, which when divided by said total cost yields a per front foot assessment figure of $ 44.00 per front foot. Exhibit B of this Ordinance sets forth a list of the abutting properties, the property owners, the front foot; and the amount of assessment for these sidewalk improvements. SECTION 4. Assessment is a lien. Pursuant to Section 311.093(b) of the Texas Transportation Code, the assessment against abutting property is a lien on the respective parcels of property that is superior to any other lien or claim except a lien or claim for ad valorem taxes; and is a personal liability and charge against the real and true owners of such property, regardless of whether the owner is named. Where more than one person, firm or corporation owns an interest in any property herein 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, or pursuant to previous written agreement with the City of The Colony, Texas. SECTION 5. Enforcement of assessment; interest rate; priority of lien. The assessment made pursuant to this Ordinance: (1) is collectible with interest, at the rate of eight percent (8%) per annum, expense of collection, and reasonable attorney's fees, if incurred; (2) is a first and prior lien on the property on which the lien is created from the date the City of The Colony, Texas, orders the improvement; and (3) is superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes. The assessment made pursuant to this Ordinance shall be due and payable by the abutting property owners when the abutting property owner requests a building permit from the City of The Colony, Texas. SECTION 6. Severability clause. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. Repealer clause. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 8. Effective date. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 7t" day of SEPTEMBER, 2010. ~y ~X ' io McCourry~Mayor ATTEST:. C f Lam' f i 2 t1 zz Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney „ r. , r~;~zzrr%'r- Exhibit A Depiction of Sidewalk Improvements along Morning Star Drive i k - I'r 7;1' I gyp. If+'° I i 1 pal 7: - r., r 11. 'I jlj' i X11+1 r___-1i,• Pr 5,, `t . f r P I el M• 4 „II S ~k ,I 4 I , I i` - ~ .~f l•._I ,~P' (!1 i::rn 1. , ~ ~ h ` 'i• _dr A4- I I {,i ~ rl ~ s4.~.t I I I._ Proj.-JuSec Exhibit B Property Owner Front Footage Assessment Triangle Property 01, Ltd. 415.00 front feet $18,260.00 6757 Arapaho Road Suite 711-293 Dallas, TX 75248