1990-05-16 CITY OF SOUTHLAKE
667 N. Carroll Avenue
SPECIAL CITY COUNCIL MEETING
May 16, 1990 7:30 p.m.
COUNCILMEMBER PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Betty .R
Springer. Members: Rick Wilhelm, Sally Hall, Jerry Farrier.
COUNCILMEMBER ABSENT: Ralph Evans
OP
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; City Engineer, 1,
Eddie Cheatham; Wayne K. Olson, City Attorney; and, Sandra L.
LeGrand, City Secretary. �**
INVOCATION: Councilmember Jerry Farrier.
The Special City Council meeting was called to order at 7:30 p.m. �r
by Mayor Gary Fickes.
Fickes stated that on Tuesday evening, May 8, Councilmember Rick
Wilhelm and he met in an informal meeting with some of the citizens
from Continental Park Estates, to answer questions in regards to .,
funding the sewer system for Continental Park Estates.
The Mayor reviewed the information which has been prepared for
tonight's meeting by Director of Public Works, Mike Barnes, and
incorporated into the Minutes of this meeting. ■r
Informal questions were asked from the floor and answered by Mayor .•
Fickes and members of Council.
Art Sorenson, 1201 Oakhurst Court, stated there are 64 residences
on 70 plated lots. He asked if the City would keep the diversion
at 70 with the city covering the cost of these lots until they are
built on. Mr. Sorenson presented surveys which have been filled
out and returned by citizens in Continental Park Estates.
Mayor Fickes stated that under the scenario that was talked about
last week and earlier tonight, with the city paying 25% and the ..
homeowners paying 75 %, once the city selects a bid, the bid will be
so
left open for 90 days before construction will be started. That
will give the City staff, and citizens time to prepare. Mayor
Fickes stated, " the city will be going to each lot owner or
however they do it, and setting down and hoping to walk away with a
check.
err
City Council Minutes
>; May 16, 1990
4,
page two
40
lig If they say 'no', the city can assess them 90% of the $2,771. or
$2,500. at the maximum allowable interest rate or 10 %."
The Mayor added, the city has got to have $145,000 from Continental
Park Estates.If there is not enough interest, the city will not be
able to continue with the sewer project at this time.
City Attorney, Wayne Olson, stated that after the bids have gone
out, the public hearing process is as follows: The State Statutes
requires that after the City Council proceeds with assessment,
every property owner will get a notice of public hearing. At that
public hearing, the Council will hear evidence from everyone with
regards to whether or not the assessments are fair to individual
- lots or to the subdivision as a whole. The basic purpose of the
hearing is to determine the amount to be assessed to individual
�•• lots and whether or not its a fair, just and equitable figure to be
assessed against the lots and whether or not the City Council is to
go forward with that procedure. Also, at that hearing, the lot
owners can provide evidence as to whether or not lot owners will be
benefited by, in this case the sewer system.
Agenda Item #2, Resolution 90 -34, setting public hearing
a•
ON -ire Resolution 90 -34. adopting a resolution, setting a date for a
public hearing and declaring the necessity for the improvements for
providing Sanitary Sewer Facilities to Continental Park Estates,
was discussed.
Motion was made to approved Resolution 90 -34, as presented,
setting the date of June 5, 1990, for the public hearing.
Motion: Wilhelm
Second: Springer
*"* Ayes: Wilhelm, Springer, Hall, Farrier
Nays: None
Approved: 4 -0 vote.
Agenda Item #3, resolution 90 -35, Advertising for Bids for Sewer
in Continental Park Estates
Resolution 90 -35, authorizing staff to advertise for bids for the
construction of Sanitary Sewer Facilities in Continental Park
Estates, was discussed.
Motion was made to approve Resolution 90 -35, as written.
ON
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Wilhelm, Farrier
iim Nays: None
Approved: 4 -0 vote.
...
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NO
City Council Minutes '"'
May 16, 1990 as
page three
op
Agenda Item #4. Adjournment.
w
Motion was made to adjourn the meeting.
Motion: Springer ®t'
Second: Hall so
Ayes: Springer, Hall, Farrier, Wilhelm
Nays: None ..
Approved: 4 -0 vote. im
Alf No
ON
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ayor G-ry ickes "' A A T EST: II
Mdlit4A, fL , ,‘'‘oviL 4 /r;
a ndra L. LeGrand . r,1
City Secretary _I . , X
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CITY OF SOUTHLAKE
667 N. Carroll Avenue
SPECIAL CITY COUNCIL MEETING
May 16, 1990 7:30 p.m.
COUNCILMEMBER PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Betty
Springer. Members: Rick Wilhelm, Sally Hall, Jerry Farrier.
COUNCILMEMBER ABSENT: Ralph Evans
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; City Engineer,
Eddie Cheatham; Wayne K. Olson, City Attorney; and, Sandra L.
LeGrand, City Secretary.
INVOCATION: Councilmember Jerry Farrier.
The Special City Council meeting was called to order at 7:30 p.m.
by Mayor Gary Fickes.
Fickes stated that on Tuesday evening, May 8, Councilmember Rick
Wilhelm and he met in an informal meeting with some of the citizens
from Continental Park Estates, to answer questions in regards to
funding the sewer system for Continental Park Estates.
The Mayor reviewed the information which has been prepared for
tonight's meeting by Director of Public Works, Mike Barnes, and
incorporated into the Minutes of this meeting.
Informal questions were asked from the floor and answered by Mayor
Fickes and members of Council.
Art Sorenson, 1201 Oakhurst Court, stated there are 64 residences
on 70 plated lots. He asked if the City would keep the diversion
at 70 with the city covering the cost of these lots until they are
built on. Mr. Sorenson presented surveys which have been filled
out and returned by citizens in Continental Park Estates.
Mayor Fickes stated that under the scenario that was talked about
last week and earlier tonight, with the city paying 25% and the
homeowners paying 75%, once the city selects a bid, the bid will be
left open for 90 days before construction will be started. That
will give the City staff, and citizens time to prepare. Mayor
Fickes stated, " the city will be going to each lot owner or
however they do it, and setting down and hoping to walk away with a
check.
City Council Minutes
May 16, 1990
page two
If they say 'no', the city can assess them 90% of the $2,771. or
$2,500. at the maximum allowable interest rate or 10%."
The Mayor added, the city has got to have $145,000 from Continental
Park Estates. If there is not enough interest, the city will not be
able to continue with the sewer project at this time.
City Attorney, Wayne Olson, stated that after the bids have gone
out, the public hearing process is as follows: The State Statutes
requires that after the City Council proceeds with assessment,
every property owner will get a notice of public hearing. At that
public hearing, the Council will hear evidence from everyone with
regards to whether or not the assessments are fair to individual
lots or to the subdivision as a whole. The basic purpose of the
hearing is to determine the amount to be assessed to individual
lots and whether or not its a fair, just and equitable figure to be
assessed against the lots and whether or not the City Council is to
go forward with that procedure. Also, at that hearing, the lot
owners can provide evidence as to whether or not lot owners will be
benefited by, in this case the sewer system.
Agenda Item #2, Resolution 90-34, setting public hearing
Resolution 90-34. adopting a resolution, setting a date for a
public hearing and declaring the necessity for the improvements for
providing Sanitary Sewer Facilities to Continental Park Estates,
was discussed.
Motion was made to approved
setting the date of June 5, 1990,
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Hall,
Nays: None
Approved: 4-0 vote.
Resolution 90-34, as
for the public hearing.
Farrier
presented,
Agenda Item #3, resolution 90-35, Advertisin~ for Bids for Sewer
in Continental Park Estates
Resolution 90-35, authorizing staff to advertise for bids for the
construction of Sanitary Sewer Facilities in Continental Park
Estates, was discussed.
Motion was made to approve Resolution 90-35,
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Wilhelm, Farrier
Nays: None
Approved: 4-0 vote.
as written.
City Council Minutes
May 16, 1990
page three
A~enda Item #4. Adjournment.
Motion was made to adjourn the meeting.
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Farrier, Wilhelm
Nays: None
Approved: 4-0 vote.
~fayor ~ry ~ickes
A~ST:
~ u t ~ ~".,,,,
~andra L. LeGrand
City Secretary ~.
City of Southlake, Texas
rw
M E M O R A N D U M
May 10, 1990
TO: Honorable Mayor and Members of City Council
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Status of Providing Sanitary Sewer Facilities for
Continental Park Estates (CPE)
Attached is a brief scenario from Wayne Olson describing the
steps the City will have to go through in order to assess
the property owners of CPE for sanitary sewer facilities.
I will attempt to expound on his comments for better
clarification:
e
The meeting Wednesday, May 16 will adopt a Resolution
setting the date for a public hearing and declaring the
necessity for the improvement for providing sanitary sewer
facilities to CPE. The estimated cost for the improvements
($230,000) is included in the Resolution because it is
required by State law. When the Council decides what the
actual cost of assessment will be to the property owners,
then the $230,000 cost will be reduced to the actual figure.
au
If the Public Hearing is set for June 5, 1990 the Council
'* would do the following at that meeting:
1. Determine the benefit to the abutting property
owners.
2. Determine a method of payment and interest to be
assessed.
3. Determine a minimum amount of funds to be received
from the property owners before construction can
begin and set a specified time period for that
money to be received by the City.
"" 4. Direct the staff to prepare forms to levy the
ow assessment on property owners.
5. Determine what the assessment will be on a per lot
basis rather than a front footage basis.
6. Determine method of payment through promissory
notes, or mechanic's liens and /or other agreements
with property owners for the payment of assessed
value.
err 7. Direct staff to issue Certificates of Assessment
at appropriate time.
MA
MN
Mil
Honorable Mayor and Members of City Council
Status for Providing Sanitary Sewer Facilities
for Continental Park Estates
May 10, 1990
Page 2
If the funds are received within the specified time period,
the City will award the construction contract and start to oft
work. When the work is completed, the Council will consider
an ordinance accepting the improvements and direct the staff
to execute Certificates of Special Assessment and file at oft
the County Deed of Records.
As a suggestion and ease of administration, the following
pay plans may be offered to the property owners:
1. Pay entire share amount.
2. Pay one -half down and the remaining half in six
(6) months at no interest; one (1) year at 5%
interest; or two (2) years at 10% interest.
3. Pay entire share amount within three (3) years at ow
10% interest.
4. Total assessment of share amount at 10% interest. �•
Depending on the weather and contracting, the construction
time should take no more than 60 -90 calendar days. To give
you an idea as to the timing of the project the following is
offered: oft
May 16, 1990 - Permission to advertise for bids and
adopt a Resolution setting the date oft
for a public hearing and declaring the
necessity for the sanitary sewer .,
improvements
June 5, 1990 - Adopt Ordinance declaring necessity and
proposed assessment for construction of
sanitary sewer lines in CPE
June 26, 1990 - Receive bids (bids will not be awarded
for 90 days)
Aug. 31, 1990 - Deadline for money to be received
Sept. 4, 1990 - Award contract
Dec. 4, 1990 - Completion of project (this date could
be 30 days earlier depending on the
contractor and weather)
Dec. 18, 1990 - Adopt Ordinance accepting Improvements
and Issue Certificates of Assessment.
*60
MHB /kb us
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FIELDING, BARRETT TEL: 817- 560 -3953 May 9,90 11:31 No.001 P.
FIELDING, BARRETT & TAYLOR
CARVAX E. ArmNs ATTORNEYS
DANTP-I. R. BARatirr* 300 WESN NATIONAL BUILDING
ELIZABFrill ELAM 3851 I[IGIIWAY 30 WEST
DAVID FIJ La „o
,L. CIl�rtx Gram FORT WORTH, TEXAS 76116-1969
CRAIG HARMER
DwAYNR D. II= Trt. nioNB No. (817) 560 -0303
SUSAN E. Hu causa4 FAX (817) 560 -3953
Su&.x S. JoiLS
WAYNR K. OLSON
TD O. SRAUA **
B. ALLAN TAYLOR. R.
*BOARD CER1L7Lw ASRSONAI. INJURY TRIAL LAW
TRUAS BOARD OP L.HOAL SPEUAL aA110 ti
* CSR77PIP.D CIVIL APPBLIATR LAW
11XAI BOARD OF LEGAL sPP.aALIZATICet
-
,,,,,, May 9, 1990
JAMES P. WAGNER -
•
•
VIA FAX
Mr. Mike Barnes
Public Works Director
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Assessment of Sewer Improvements to Continental Park
A Estates
� Dear Mike:
Pursuant to our telephone conversation today, the following
is an outline of the assessment procedures for charging the costs
of sewer improvements to abutting properties:
1. The Council adopts an ordinance or resolution that
declares the necessity for the improvements and directs that an
estimate of the cost of the improvements and detailed plans and -
specifications be prepared.
2. The City prepares a Notice of Declaration of Necessity
and Proposed Assessment which is filed with the County Clerk in the
records of mortgages or deeds of trust.
3. The City prepares an estimate of the improvements and
takes bids if required by Chapter 252 of the Local Government Code.
4. If a date for a public hearing has not been set in the
first ordinance or resolution, the Council should adopt an
ordinance or resolution setting a public hearing for declaring of
special benefits to be derived from the abutting properties and
awarding a contract to the low bidder. •
Mr. Nike Barnes
May 9, 1990
Page 2
5. The City must provide notice of the public hearing. This notice entails:
a. Published notice in the newspaper three times, with
the first notice being at least ten (10) days before the date
of the hearing. (There are specific requirements for the
notice which 1 can advise you of at the appropriate time.)
b. Mailed written notice to all property owners at
least ten (10) days prior to the hearing.
6. The Council holds a public hearing at which it determines
any benefit to the abutting properties. The Council adopts an
ordinance at this hearing actually assessing the costs of the
improvements against abutting properties. This ordinance also
provides for any terms of payment and whether a lien will be
attached to the property.
7. The City executes promissory notes, mechanic's liens,
and /or other agreements with property owners for the payment of
assessed fees under terms and conditions deemed appropriate by the
municipality, and files these agreements in the Mortgage Records.
8. The sewer improvements are constructed by the City or its
contractor.
9. When the improvements are completed, the City adopts an
ordinance accepting the improvements and directing the issuance of
Certificates of Special Assessment.
10. The Certificates of Special Assessment are issued and
filed in the Mortgage Records.
The above is an outline of the basic procedures to be followed
if assessment of the costs of improvements is to be utilized by the
City. Please note, however, that there are a lot of special
details which need to be complied with by the City in actually
implementing these procedures. i will be glad to advise you on
these details at the time the actual assessments are performed.
In the meantime, if you have any questions regarding these
procedures, please let me know.
Very truly yours,
004-01-----
Wayne K. Olson
WKO /kt
Enclosure
\slake \ltrvko.12
�- y
City of Southlake, Texas
M E M O R A N D U M
May 11, 1990
TO: Honorable Mayor and Members of City Council
FROM: Michael H. Barnes, Public Works Director
SUBJECT: Continental Park Estates (CPE) Sewer Prorata Cost
The staff has estimated the total cost for sanitary sewer
improvements in CPE and developed a proposed assessment cost
for each property owner. These costs are attached and are
being submitted to you for your consideration.
44 m3
MHB /kb
Co
c
pr - S
City of Southlake, Texas
Page 1 of 2
yi, Continental Park Sewer Cost
*CPE Pro Rata Cost - Scenic Drive $ 14,000
Remainder of CPE Pro Rata Cost 180,000
CPE Total Cost 194,000
X.75%
$145,500
CPE Incentive Cost Based on 75% of Actual Cost = $145,500 = $2,078
70
CPE Assessment Cost = $194,000 = $2,771/lot X .90% = $2,494/lot
70
*CPE = Continental Park Estates
City of Southlake, Texas
0
Page 2 of 2
im
Construction Cost for Remainder of CPE
Total Sewer Construction Cost $230,000
.A
Funding
City of Southlake $ 33,500
Sewer Fund 51,000
40
CPE 145,500
$230,000
tal
jai. *CPE = Continental Park Estates
ON
MO
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