HomeMy WebLinkAbout03.28.1997 Street & Bridge Bond Study Committee Report MEMORANDUM
TO : Mayor 8 City Council
FROM: Street 8 Bridge Bond Study Committee
DATE : March 28 , 1977
SUBJECT: Study Committee Report
The Street and Bridge Bond Study Committee , which you
appointed on January 17 , is pleased to submit the attached
report.
A great deal of research has gone into the study which
includes traffic flow figures , present condition of streets ,
methods of surfacing and repairing , assessment procedures ,
priority recommendations , etc. We trust that this informa-
tion will be helpful to the Council in planning a long-range
street program and in presenting a bond issue to the voters .
As Chairman of the committee , I would like to commend the
members for a dedicated job. Thirteen people appointed
have worked diligently in an effort to give you the broadest
and most comprehensive report possible , and have demonstrated
their feeling of ,urgency by submitting their first report
within a much shorter time span than had been previously
anticipated. I am grateful for the opportunity to work with
them on the project.
Clyde Raney , Chairman
Committee Members,:
Tony Banfield * 011ie Devers
Jay Browning Jo Neita Bencal
Joe Crutcher Bill Taylor
Ken Truman Glenn Cress
Charles Baumgardner Dr. Don Dawson
Glen Box Bob Phillips
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PREFACE
On January 17 , 1977 the Mayor and Council appointed a committee to
help establish priorities for street improvement and to determine
how the work should be financed. The committee was also asked to
review the city paving specifications and the ongoing maintenance
program as well.
This report summarizes the findings of the committee and is hereby
submitted to the Mayor and Council for their consideration.
TABLE OF CONTENT
Section 1 Summary of Report
2 Conclusions of Present Program
3 Recommendations
4 Priorities
5 Owner Participation Program
6 Financing
7 Street Maintenance
Exhibit A Map (Present Street Status)
B Estimated Paving Costs
C Traffic Count
D City Budget and Expenditures
E Copy of Vernon's Statute on Assessment
F Street Improvements Covered by 1974 Bonds
SECTION I
SUMMARY OF REPORT
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1. Our present street program has been unable to keep pace with the rapid
deterioration of our streets primarily due to a lack of funds.
The committee recommends that the street budget be increased by $200,000 -
$250,000. Reference: Section 6.
2. Increase wages from present $3.25/hr. to $5.00/hr. to reduce our personnel
turnover.
3. Increase our street department personnel from it's present force of seven
to ten to utilize to better advantage the equipment we presently own.
4. Purchase additional equipment so that an aggressive street maintenance
department may be developed. Reference: Section 7.
5. The following ten streets should receive immediate attention:
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lst - Sunset. . . . . . . . . . . . . . . . .2351 to FM 528
2nd - Castlewood. . . . . . . . . . . . .518 to Merriwood
3rd - Winding Way. . . . . . . . . . . .Between 528 and Clear Creek Drive
4th - Greenbriar. . . . . . . . . . . . .Falling Leaf to Castlewood
5th - Heritage. . . . . . . . . . . . . . . 518 to Quaker
6th - Quaker. . . . . . . . . . . . . . . . .Heritage to Clearview
7th - Pecan. . . . . . . . . . . . . . . . .FM 2351 to Heritage
8th - Melody 'Lane. . . . . . . . . . . .FM 2351 to City Limit
9th - Garden Drive. . . . . . . . . . .FM 2351 to Shadowbend
loth - Willowick. . . . . . . . . . . . . .FM 518 to Morningside
6. Prepare a bond issue in the approximate amount of .One Million Dollars to
pay for these streets.
7. Establish an owner participation program as set forth in our City Charter
Section 2. 05 as revised April 6, 1974. Reference: Section 7. Establish-
ing an equitable assessment plan as allowed by Vernon's Annotated Civil
Statutes 1105b will be unpopular and difficult to administer; however,
there is no reasonable alternative.
8. Adopt Plan "B", Section 6, Page 3. This would cost the City 1. 02 Million
and pave eight of the streets on the top ten priority list. Sunset can
be maintained by thq county. Reference: Section 5, Page 8.
Melody Lane is a Bi-County road and should be eligible for funding by
others (State/Federal).
In addition, eight miles of existing shell roads can be paved using invert
penetration asphalt with adjacent property owner participation. Resurfacing
of existing streets would then be possible with funds from the capital
improvement portion of the existing and future street maintenance budget.
Section 1 - Page 1
SECTION 2
CONCLUSIONS OF PRESENT
PROGRAM
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1. Performance of existing road maintenance program is not effective.
A. Utility of asphalt roads on a constant decline and are not being
repaired.
B. - Unimproved roads not being maintained properly and frequently.
C Outfall ditches not kept in good condition for roadbed protection.
D. New development with "substandard" materials requiring excessive
maintenance costs.
2. City funding and planning for maintenance and paving has been insufficient.
3. New roads will relieve but not eliminate present problems of road mainte-
nance.
A. New development and growth will add more traffic to already heavily
traveled substandard streets.
B. Many streets that are in relatively good condition now will require
maintenance within the next few years.
4. Each year paving costs are going up and can be expected to continue
increasing in the future.
5. Citizens are incurring triple costs because of our poor streets (not to
mention the nuisance of it all).
A. Property taxes - road maintenance.
B. School bus maintenance costs due to roads.
C. Private auto expense.
6. Other problems.
A. Accident prone roads.
B. Dollar utility not fully realized.
Ii C. Dissatisfied citizenry will deter future funding programs.
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7. Asphalt as presently being placed simply has not withstood the test of time
as well as concrete.
8. The City of Fr iendswood street paving specifications are comparable in most
respects with Pearland, Alvin, Pasadena, and Galveston County regarding
subgrade, street surface, and width requirements
Section 2 - Page 1
SECTION 3
RECOMMENDATIONS
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1. Appropriate action be taken by the City to stabilize the problem.
A. Upgrade city specifications for street materials such that future
streets will require relatively less maintenance. (With current
technology, concrete should be used rather than asphalt).
B. Exercise stringent control and enforcement of street specifications
for all future development both within the City and within the
Extra-Territorial Jurisdiction.
2. Develop a relatively long-range program adequately funded so that we can
begin to work our way out of the dust and potholes.
A. Increase the annual street budget to somewhere between $400,000 and
$450,000 for the next 5 to 10 years.
B. Of the total budget, at least $200,000 to $250,000 should be used for
capital improvements.
C. Consideration should be given to using long-term financing (bonds) for
paving as many streets as possible as soon as possible (with the obvious
benefit of less maintenance costs and, most likely, less construction
costs now than the future). '
3. Establish an owner participation program for paving neighborhood streets
that are used primarily by the property owner. Specific recommendations
are outlined in detail in Section 5.
4. Priorities for paving City streets are:
lst - Sunset. . . . . . . . . . . . . . .2351 to FM 528
2nd - Castlewood. . . . . . . . . . .518 to Merriwood
3rd - Winding Way. . . . . . . . . .Between 528 and Clear Creek Drive
4th - Greenbriar. . . . . . . . . . .Falling Leaf to Castlewood
' 5th - Heritage. . . . . . . . . . . . .518 to Quaker
6th - Quaker. . . . . . . . . . . . . . .Heritage to Clearview
7th - Pecan. . . . . . . . . . . . . . . .FM 2351 to Heritage
8th - Melody Lane. . . . . . . . . .FM 2351 to City Limit
9th - Garden Drive. . . . . . . . .FM 2351 to Shadowbend
10th - Willowick. . . . . . . . . . . .FM 518 to Morningside
5. A Roads and Streets Planning Committee should be established as an on-going
program to assist the Mayor and Council in continuing a paving priority program
as well as research and development of new paving and maintenance procedures
as may be used in the future.
6. New subdivisions should be required to install adequate concrete streets or
asphalt with estimated life of 15-20 years.
7. Sidewalks should become synonomous with streets.
8. Street width should be a minimum of 28 feet.
9. Subgrade treatment with Lime and 90% packing should be stressed to extend
life of all roads.
Section 3 - Page 1
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SECTION 4
PRIORITIES
The following streets are listed by priorities. This list was developed by
traffic counts, present condition and anticipated future increase in traffic.
See Exhibit "D" for traffic count.
lst - Sunset. . . . . . . . . . . . . . .2351 to FM 528
2nd - Castlewood.. . . . . . . . . .518 to Merriwood
3rd - Winding Way. . . . . . . . . .Between 528 and Clear Creek Drive
4th - Greenbriar. . . . . . . . . . .Falling Leaf to Castlewood
5th - Heritage. . . . . . . . . . . . .518 to Quaker
6th - Quaker. . . . . . . . . . . . . . .Heritage to Clearview
7th - Pecan. . . . . . . . . . . . . . . .FM 2351 to Heritage
8th. - Melody Lane. . . . . . . . . .FM 2351 to City Limit
9th - Garden Drive. . . . . . . . .FM 2351 to Shadowbend
loth - Willowick. . . . . . . . . . . .FM 518 to Morningside
NOTE.: If Sunset .is maintained by the County (see Section 5, Page 5-12) , it
would free up a large amount of funds that could be used on other
streets not eligible for funding by any other taxing authority.
Melody Lane may be eligible for Federal/State funding due to it's
Bi-County status,
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Section 4 - Page 1
SECTION 5
OWNER PARTICIPATION.PROGRAM
It is the recommendation of this committee that the City adopt an owner
participation program whereby the cost incurred to pave our streets is•shared
by the adjacent property owners and the City. Exceptions to this policy will
be required for those streets which, if paved, would not primarily benefit the
adjacent property owner. The following guidelines should be used in determin-
ing the extent of owner participation required.
1. Owner participation required where:
A. Paving increases property value.
B. Street is not a thoroughfare or busy collector.
C. Street is primarily used by property owners..
D. Commercial property would benefit.
2. Owner participation not required where:
A. Street is a thoroughfare.
B. Paving would not increase property value.
C. Paving would result in a substantial increase in traffic,
thus making homeowner less happy (with increased noise
pollution, etc. ).
April 6, 1974 revision to the City Charter and Vernon's Annotated Civil Statutes
of the State of Texas, Section 1105b, will limit the extent of owner participa-
tion to no more than 900 of the amount by which his property was enhanced as a
result of the street improvement. It will also limit the owner participation
to no more than one-half of the total cost adjoining his property. In most all
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cases, the questionable increase in property value will be the limiting. factor.
The following tables list all the unimproved and asphalt streets in the city
limits which are either in need of improvement or can be expected to require
improvement within the next few years. They have also been placed in one of
two categories: (1) those streets which the committee recommends no owner
participation for improvement and (2) these which should require some degree of
+i owner participation.
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Section 5 - Page 1
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Owner
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Status Participation
Requirements
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STREET NOTES
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Briarcreek X X Part of Greenbriar
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Briarmeadow (Sunset to Greenbriar) X X
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Carey Lane X X In fair condition
Castlewood Avenue X X
Castlewood, West X, Recently paved,
OK for now
Chester Drive . - X X Fair condition, OK
Clear Creek Drive, North X X
Clear Creek Drive, South X X
lear Creek .Woods X X
Clearview X X
Clover Ridge Avenue X X
Coward Creek Court X X Poor condition
Crawford X X Beginning to crumble
Dawn X X Poor condition
D-Bar Circle X X
` Deepwood X X
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Diamond X X OK
Echo X X
Eldorado X X
Emerald X X
Fairdale X X
Section 5 - Page 2
Owner
Status Participation
Requirements
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P4 94 O 4 .X •n
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STREET NOTES
Falling Leaf (Greenbriar, South) X X
Falling Leaf (Sunset to Castlewood) X X
Forest View X X
Garden Drive X X
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Greenbriar (528 to Falling Leaf) X X
Greenbriar (Falling Leaf to 2351) X. X
Heritage Drive (518 to Woodlawn) X X
Heritage Drive (518 to Quaker X X
Imperial Avenue X X Probably more economical
to patch a few bad spots
John X X County should maintain
Judy X X OK
Laurel (Shadowbend to Heritage) X Poor Condition
Leisure Lane (Winding Way to end) X X Combine with Clear
Creek, South
Leisure Lane (518 to Winding Way) X X
Linkwood X X
Linson Lane X X Cow trail with shell
Lundy Lane X X
Magnolia X X
Mandale X County should maintain
Marys Crossing X X.
4eadowlark X X
Section 5 Page 3
Owner
Status Participation
Requirements
4, 10
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a $4 0 4J x rJ
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STREET NOTES
Melody Lane X I X County should maintain
Mills Lane (Richmond?) X X Cow Trail
Misty Lawn X X
More Ranch Road X I County should maintain
Morningside Drive X X Commercial. to R-2, Zone
Murphy Lane X X
Myrtlewood X X New portion OK. Old
road has few bad spots
'ecan (2351 to Heritage X X Commercial
Prairie Wilde X X Few bad spots but OK
Quaker Drive X X
Ron Circle X X Drainage is major
problem
Royal Court X X Few bad spots but OK
Rustic Lane X X Poor condition
Sedora X X
Shadowbend, North & South X X
Shadowbend (Morningside to Quaker) X X
Skyview X X
Steele X X Beginning to crumble
Stones Throw X OK for now
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3unnyview Avenue X X
Section 5 - Page 4
Owner
Status Participation
Requirements
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STREET NOTES
Sunset Drive X X County to maintain
Thomas X X A few potholes
Westfield X X Many holes
Whispering Pines X X State to pave
i Wilderness Trail X X
Willowick (518 to Morningside X X '
!. Windsong X X
Woodlawn X OK
'finding Way (518 to Leisure Lane) X X
Willowick (518 to Laurel) X X Not good
Estate Drive X X
Tower Drive X X
City Park X X
West Magnolia X Low.priority
Section 5 - Page 5
In summary, the City (or other taxing authority) should finance in total any
improvements to the following streets:
Castlewood (518 to Sunset)
Greenbriar (528 to Falling Leaf)
Greenbriar (Falling Leaf to 2351)
Heritage (518 to Quaker)
Quaker Drive
Melody Lane
Sunset
Whispering Pines
Willowick (518 to Morningside)
Winding Way (518 to Leisure Lane)
All other streets should require participation to some extent (limited by
Texas State Statutes).
For the following streets which are in need of immediate repair the cost of
improvement should be shared by both the City and the adjoining property
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owner:
Briarmeadow (Sunset to Greenbriar)
Clear Greek Drive, North 6 South
j Clear Creek, Woods
Clover Ridge Avenue
Eldorado
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Falling Leaf (Greenbriar to Mustang Meadows)
Garden Drive
' Heritage (518 to Woodlawn)
Leisure Lane (Winding Way to End) - (Combine with Clear Creek, South)
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Linson Lane
Section 5 - Page 6
Lundy Lane
Meadowlark
Mills Lane
Murphy Lane
Sedora
Westfield
Wilderness Trail
Windsong
Estate Drive
Tower Drive
Leisure Lane (518 to Winding Way)
Coward Creek Court
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Dawn
Rustic Lane
Echo
Morningside
j Pecan
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The following streets are Bi-County roads and this committee urges that every
j effort should be made to locate financial assistance from whatever source is
available. As an example, Whispering Pines is being upgraded and realigned
due to it's Bi-County status by the Texas State Highway Department.
Melody Lane
Moore Road
John Street
Mandale
Rustic Lane-
Section 5 - Page 7
County Commissioner Paul Hopkins, Precinct 3, agreed in a telephone
conversation with Clyde Raney that the county could maintain Sunset; how-
ever, Mr. Hopkins stated that for the county to assume this responsibility
they (the county) would need assurance that they would not be asked to
alternate maintenance between Sunset and some other road such as Melody
Lane as they have been asked to do in the past. Mr. Hopkins stated that
the county could not properly maintain a road on an alternate year policy.
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Section 5 .- Page 8
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FINANCING OPTIONS
1. Continue with approximately same level of funding ($200K).
2. Add revenue from the Industrial District to present budget for total
funding of $400K to $450K.
3. Any amount beyond $400K to $450K will no doubt require a tax increase.
4. Sell bonds to be used for Capital Improvement.
5. Adopt owner participation program for neighborhood .street. .
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6. Combinations of the above.
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Section 6 - Page 1
ESTIMATED COSTS FOR PAVING
WITH CONCRETE HIGH PRIORITY STREETS
Castlewood $604K
(518 to Merriwood) 2900' @$65 = $189K
(Merriwood to Sunset) 1300' @$65 = 85K
(Sunset to Greenbriar) 2000' @$65 = 130K
(Bridge) = 200K
Gr eenbr iar $8 24K
(Chiggar Creek Bridge) _ $ 50K
(528 Right-Of-Way) = 2K
(528 to Castlewood) 5000' @$55 = 275K
(Castlewood to Falling Leaf) , 1800' @$55 = .99K
(Falling Leaf to 2351) 3600' @$55 = 198K
(Cowards Creek Bridge = 200K
Quaker Drive 3300' @$55 $182K
Heritage (518 to Quaker) 1300' @$68 88K
j Willowick (518 to Morningside) 600' @$68 41K
Melody Lane 365K
(528 to City Limit) 6500' @$55 = $358K
(Pipeline Crossing) Cost to City = 7K
Sunset 10300' @$55 $567K
Pecan 600' @$68 41K
Winding Way (528 to Leisure Lane) 1300' @$55 72K
Garden Drive 12001 @$55 66K
$2.85M
Section 6 - Page 2
ESTIMATED COSTS FOR PAVING
SEVERAL OTHER STREETS WITH CONCRETE
Plan A
Coward Creek Court 4001 @$55 = $ 22K
Dawn 600' @$55 = 33K
Echo 550' @$68 = 37K
Morningside 19501 @$68 = 133K
Rustic Lane 17001 @$55 = 94K
$319K
Plan B
Same as above, except use inverted penetration asphalt for Rustic Lane
(a rural road) at $16/ft. (for $28K). . . . . . . . . . . .$253K
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Section 6 - Page 3
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ESTIMATED COSTS FOR PAVING
8.0 MILES OF UNIMPROVED ROADS
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Briarmeadow (Sunset to Greenbriar) 2000'
N. Clear Creek 2200'
S. Clear Creek (and Leisure Lane) 2200'
Clear Creek Woods 700'
Clover Ridge 1200'
Eldorado 4800'
. Heritage (518 to Woodlawn) 1200'
Leisure Lane (518 to Winding Way) 1300'
Linson Lane 700'
j Lundy Lane 4500'
Meadow Lark 1200'
Mills Lane (Richmond) 1900'
Murphy Lane 1900'
Sedora 1250!
Westfield 800'
Wilderness Trail 6200'
j Windsong 6300'
Estate 850'
i Tower 1100'
42,300' = 8.0 Miles
i *List does not include Garden Drive, Greenbriar, and Mandale
Plan A
24' concrete, open ditches. Total cost @$35/ft. . . . . . . . . . . . . . . . . . .$1.481M
Plan B
Inverted Penetration Asphalt. Total cost @$16/ft. . . . . . . . . . . . . . .. .$ .677M
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Section 6 - Page 4
SUMMARY
PAVING PROGRAM OPTIONS
Plan A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4.38M
Pave all streets (those in high priority category, 8.0 miles of
unimproved, and several others as listed on pages 2 and 3) with concrete.
Plan B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1.02M
Pave the following streets with concrete:
Castlewood (518 to Merriwood) $189K
(Bridge) 200K
Greenbriar (Falling Leaf to Castlewood) 99K
Winding Way (518 to Leisure Lane) 72K
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Heritage 88K
I� Quaker 182K
Pecan 41K
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Willowick 41K
Garden' 66K
Pave 8.0 miles of unimproved roads as listed on page 4 per Plan B
for $.677M, with 40% total assessment to adjacent property owners.
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Total cost to City of. . . . . . .. . . . . . . . . . . . . . . . . . . .41K'
Section 6-Page 5
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SECTION 7
STREET MAINTENANCE
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Alternatives:
1. - Continue present program of regression.
A. Costs exponential with time.
B. Present funds continue to be non-contributory.
C. Operational problems.
2. Upgrade present program via. efficient and effective administrative
policies and controls.
A. Evaluate present equipment inventory.
B. Obtain equipment that will directly benefit road maintenance.
C. Utilize improved methods and techniques for repairs.
D. Adequate funding and management.
3. Contract out road maintenance function and apply effective review
controls to the extent possible to insure greatest return for tax
dollar.
A. Provide continuous source of adequate funding.
B. - Develop measures for performance evaluation.
C. Develop expertise base for review and feedback cycle.
Delta Baseline Data:
Present Roads
Miles Percent
Concrete 14.7 25%
Asphalt 35.3 60%
Unimproved Shell 8.5 15%
Budget (1977)
Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$168,794*
Less:
Personnel Costs 70,590
Equipment Maintenance 6,300 7.6,890
Available for Materials Additional
Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 91,904
*Note: Does not include $22,250 allocated to Drainage
Personnel:
Present Authorized•,Strength. . . . . . .7
Positions Filled at Present. . . .5
Present Budgeted Salaries. . . . . . . . . . . . . . . . . . . . . . . . .$ 70,590
Average salary (70,590 : 7) _ $10,084 Annual (including fringe
benefits and premiums)
Average hourly ($10,084 : 2080) _ $4.84
Present Starting Salary: $3.25 ($1.00 above FLSA minimum)
Section 7 - Page 1
Pro-Forma Worksheet of Personnel Salary Ranges
Equipment Operators Laborer
Annual $15,600 $14,560 13,520 $12,480 11,440 $10,400 $8,3201 -Residual
Hourly 7. 50 7.00 6.50 6.00 5.50 5..00 4.00 Dollars
Complement
7 1 2 1 3 [5330]
6 1 1 1 4 [1170]
7 1 1 2 1 2 [115701
6 1 1 1 1 2 910
7 l 2 1 2 1 [9490]
6 1 1 1 2 1 2990
7 1 1 1 2 1 1 E115701
6 1 1 2 1 1 1950
7 1 1 1 1 1 1 1 E157301
6 1 1 1 1 1 1 [5330]
8 1 1 1 1 1 3 E219701
7 1 1 1 1 1 2 [136501
;Based on present budget of $70590 annual allocated to labor costs including benefits
and premium.
Residual Dollars: [N] indicates deficit amount
If equipment inventory is expanded good operators will be required to. obtain top
utility ratio of equipment and road expenditures.
Section 7 - Page 2
Equipment
Present Equipment:
Type Use
1 - Motor Grader Maintain 8.4 miles of unimproved roads;
shallow ditching
1 - Motor Gradall Moderate ditching and trenching
1 - New Dump Truck Material hauling and other general use
1 - In bid process
2 - Poor Condition
1 - Pickup W/Fogger Available for some general use
1 - Tractor W/Rotary Mower Shallow ditch and shoulder grass cutting
1 - Tractor W/Rubber Tired To pack roadbed or patchwork
Roller
1 - Motorized Steel Roller To pack patchwork
(3 Ton)
' l -. Water Truck (Gravity Fed) Wet down shell roads for grading
Possible Considerations:
1 - 2000 Gallon Capacity Water Better penetration on shell roads. Also use
Truck - 2 Ton Chassis in street flushing, etc.
W/Pressure Pump
1 - Air Compressor• W/Hammer, Street Repairs (patchwork, etc. )
etc. connections
1 - Tractor W/Front-End Loader Drop load use and other general use
2 -. Pickups (LWB) Light hauling of road equipment', personnel,
etc.
1 - Tractor W/Slope Mower Ditch Maintenance
1 - 1-1/2 Ton Stake Truck General Hauling
1 - Flat Bed Trailer W/Goose General hauling and tractor, etc. Equipment
Neck (Alternative to hauling
1-1/2 Ton Stake Truck)
Section 7 - Page 3
Costing:
1/2 Ton Pickup W/Automatic Transmission $ 5.,000
3/4 Ton Pickup W/4 Speed Transmission 5,000
Water Truck 21,000
Flatbed Trailer W/Gooseneck (Including Hitch,
Electric Brakes, Ramps, Dual Axle - 7500#
Cap Ea. 1200 x 16.5 10 Ply Tires 24' x 81 ) 4,000
Steel Roller 6 Ton Cap.
Used $6,000
New 16,000
Portable Air Compressor. 160 CFM 90# Breakers
1 Jack Line; 1 Blow Line; Gas Operated; OSHA
Standards (Whisperized) $4,600 - 8,000
John Deere 40 H.P. Tractor $7,000
5' Rotary Mower 1,000
9'- Slope Mower 1,000
Total. . . . . . . . . . . . . . . . . . . . .$ 9,400
Ford Tractor 60 H.P. 30' Slope Mower 19,000
*Note: Should not overlook possible reconditioning of some present equipment.
Section 7 - Page 4
Equipment Needs For City Maintenance
Non-Contract Ap2roach (*Based on Educated Guess)
1 - Motor Grader Have
1 - Motor Gradall Have
2 - Dump Trucks Have
1 Full Time
1 Partial Use
1 - Tractor W/Rotary Mower Needs Maintenance
1 - Rubber Toller Have
1 - Steel Roller Have
1 - Water Truck W/Pressure $21,000
(Renovate present or get good used)
1 - Air Compressor W/Attach. 6,000
1 - Tractor W/Front End Loader (May be able to
adapt to a present tractor
1 - Tractor W/30? Slope Mower (15-20o would be better) 15,000
1 - 3/4 Ton Pick-Up 5,000
1 - Flat Bed Goose,Neck Trailer 4,000
51,000 +
*Would require upgrading of personnel to operate equipment.
Section 7 - Page 5
EXHIBIT A
MAP (PRESENT STREET STATUS)
i
EXHIBIT B
ESTIMATED PAVING COSTS
PAVING. COST DATA
$55 - $70. . . . . .28' width, curb & gutter, storm sewer
$46 - $55. . . . . .28' width, curb & gutter (street used for drainage)
$30 - $35. . . . . .22' concrete, 5" to 6" thick (open ditches)
$16. . . . . . . . . . . .Inverted Penetration Asphalt
Listed below are the engineer's estimates of average costs:
Relocation of water lines, valves, hydrants, and fittings. . .$8.60 per foot
Relocation of sanitary sewer line. . . . . . . . . . . ... . . . .. . . . . . . . . . .$9.12 per foot
Concrete paving costs including storm sewer:
Width Cost/Mile Cost/Foot
28' $364,320 $68.00
30' 387,029 74.00
36' 464,640 88.00
40' 517,440 98.00
Exhibit B - Page 1
EXHIBIT C
TRAFFIC COUNT
Traffic Count (24 Hour)
Sunset (at creek) 2850
Winding Way (518 to 528) 2189
Sunset (528 to Briarmeadow 1565
Castlewood (at creek) 1531
Melody Lane (at 2351) 1330
Winding Way (528 to N. Clear Creek) 1278
Melody Lane (at City Limit) 890
Quaker (at Clearview) 866
N. Shadow Bend 692
Quaker (Heritage) 555
Garden Drive 554
Echo (at Cedarwood) 378
More Road (at 528) 324
Windsong 280
Wilderness Trail 131
Briarcreek 110
Lundy Lane 226
Tower Drive 186
Stones Throw 1662•
Willowick 568
Castlewood (at 518) 1770
Rustic (at 518) 696
Cedarwood (at Spreading Oaks 806
Morningside (at Heritage) 324
Heritage (at Pecan) 748
Exhibit C - Page 1
Traffic Count (24 Hour)
Imperial Drive (at 2351) 1189
Mary's Crossing (at Imperial Drive) 1476
W. Heritage (at Laurel) 710
E. Heritage. (at 518) 853
Skyview (at 518) 681
Sunnyview (at 518) 283
Exhibit C - Page 2
EXHIBIT D
CITY BUDGET
AND
EXPENDITURES
X $1000 STREET AND DRAINAGE EXPENDITURES
300
280
260
240
220
200
180
160
1
140
120
100
80 -
60
40
20
Y�
k
0
'71 172 173 '74 175 Q76 '77 178
Fiscal Year Ending September
Notes:
1971 - 1975 is Actual Expenditure
1976 - is Budget
— Materials and Supplies
Exhibit D - Page 1
i
i
Budgeted Expenditures by Priority Allocation:
Police $212. 046 23.3%
Streets 168,794 18.5
General Government 165,803 18.2
Sanitation 151,683 16.8
Library 51,840 5.7
Fire 41,397 4.5
Engineer 35,028 3.8
Drainage 22,250 2.4
Contingency Reserve 189000 1.9
Court 14,185 1.6
Community Counseling 12,00.0 1.3
Planning & Zoning 8,582 .9
Health & Welfare 7 ,048 .8
Fire Marshall 1,650 .2
Civil Defense 500 .1
$910,806 100%
Revenues by Contribution Level:
Ad Valorem $572,150 62.7%
Sanitation Charges 143,200 15.7
Transfer from Water & Sewer Fund 62,771 6.9
1/2 Sales .Tax Receipt 45,00.0 4.9
Franchises 42,000 4.6
Licenses & Permits 28,000 3.1
Fines & Forfeitures 12,000 1.3
Interest on Investments 6,000 .6
Miscellaneous Income 500 .1
Dog Pound & Tags 400 .1
$912,021 100%
Exhibit D - Page 2
i
EXHIBIT E
COPY OF VERNON'S CIVIL STATUTES
OF TEXAS (ARTICLE 1105b)
O
.•.....•..!_. _.._. SryS4swsi' _ --�......-. •,t1J`�t.,iwL-L.i s.ca.Cl.t...uw+'.0.a;WJ....r...0 ar
Art. 1105a CITIES, TOWNS AND VILLAGES Tit. 24 cn. 9 STREET IMPROVE?IEN.TS• Art. 1105b
remove all structures and to condemn any property then within such hereinafter provided. If assessments are finally Ievied as particular-
line,and to assess benefits against property owners and their properly ly provided by Section 9 of this Act against any abutting property ly-
benefited thereby, provided, ho}wevcr, that all owners of property so ing-within the limits orally other city than the one (I) initiating the
a( ectcd shall receive clue notice and hearing in the manner then pro- improvements, such assessments sltall not be valid unless the govorn-
vided by law in the determination of the additional'damages then sus- ing body of such other.city shall by ordinance or resolution ratify and
twined by the removal of such structures or the taking of land then approve the assessments so levied, and.any one owning or claiming
within the building line and in the determination of benefits to be as- any such abutting property,in addition to the right of appeal given by-
sessed against property owners affected and their property affected: t said Section of this Act,shall have the further right of appeal from any i
such assessment for fifteen (15) clays after the passage of the ordi-
nance or resolution by which the governing body of such other city so
Sec. G. This Act shall be in addition to and cumulative of any ratifies and approves Such assessi11elits; provided further that if the
po,%yers now or hereafter conferred by law on such cities. Acts 1927, governing body of such other city does not ratify and approve such
40th Leg.,p.415,ch.276. assessments within thirty (30) days after the date of the ordinance
or resolution levying the same then the city which initiated the project
Not" of Dee Coast may in the discretion of its governing body repeal and annul all of the
Library references ® 1.caner
Iuctton and application tes proceedings relating thereto, including the contract, if ally, for the
Eminent Domain (=106 at sea. General atrcct improvement cities
frostam
a,-
Zoning CAM bell not to bar l+omo rule titles from cam- \York; and provided further that faliUl'C OIl ti1C part Of the g0\'G'Ilillg
C.-T.S.rminent Domain 1 209 of sea.. erclsing statutory potrcrs of nmking street body of such other city to so ratify and approve stied assessnicrtts shalt
C.J.S. Zoning 1 0. lsnproremcnty Anderson V. Brandon
(032) 121 T. 183, cT s.1%%2d 2e1. not affect the validity of the assessments which .linve been levied
A against any property lying within the limits of the city initiating the
Art. 1 I O5b. Street improvements and assessments ill cities had- improvement.
A
(c) Whenever a part of the boundary bee.;ten any two (2) such
ing more than 1000 inhabitants
cities is upon and along any street or highway or is along the edge of
Poocr to matte Lnhrowcntcnts; boundary etrcets any street or high\way and the governing bodies of both cities deter-
Section 1. (a) That cities, towns and villages incorporated un- mine the necessity for any such improvement of such pm-Lion of said
der either general or special law,including those operating under spe- street or highway, then such two (2) cities may contract upon such
terms as their respective governing bodies may approve to the effect
cial charter,or amendments of charter adopted pursuant to the 1 ome that one (1) or the other of them shall liy the proceedings provided
rule provisions of the Constitution, sltall have power to cause to be
improved,any highway,within their limits by filling,grading,raising, for in this Act,improve such portion of said street and that the other
anent manner, and by con- of such two (2) cities sltall pay a part of the cost thereof, such pay-
paving,repaving,and repairing in a permstructing, reconstructing, repairing and realigning curbs, gutters and: ment to be made at such time or times and subject to such conditions
sidewalks,and by widening,narrowing and straightening,and by con as they may so agree upon; and the use by either of such cities of its
strutting appurtenances and incidentals to any of such improvements, funds for such purpose shall be lawful whether the street to be im-
including drains and culverts,which po\\-cr shall include that of taus- proved lies wholly within,partly witliin and partly without,or~wholly
ing to be made any one or more of the hinds or classes of iniprovc- outside of its limits.
meets herein named or any combination thereof,or of parts thereof. Cities over_x.-,,000; )mprowciucnts on Alghtr }'n or road ou[s)dc]Celts
i (b) Whenever a part of the boundary of any'such city is upon or
along any street or highway, which at that point lies -wholly within, Sec. Ia. Any city mentioned in Section 1 and having a popula-
partly within and partly without or wholly outside of its limits,such tion in excess of two hundred and eighty-five thousand (285,000) in-
city may improve such portion of such street and assess a part of the . ! habitants according to the last preceding orally future Federal Census
cost thereof against the abutting property lying on both sides of suc•it
may malcc tile iniprowentents named in Section I hereof on ally higb-
street by the proceedings set forth in this Act, provided that if such way or road without the limits of such city-if such imllrovemcut::do
street lies wholly or partly within the limits of any other such tit
nrtt extend more than one hundred and fifty (15ii) feet front the limits
the governing body thereof shall consent to the improvement and i• of such city.
assessments are levied against any property lying within the Itcanit[uns
of any other city than the one (1) initiating flit:improvement,tf,+•K..,
:ce. 2. That the term '•city"whoncwt•l•u:+cd hcrcin sit;d) ii:c•lude
erning body of such other city- shall consent to such as.;es;rl•':.:• • "• :r.,•rT-171t••,l wi;i•4. town and vill.wvs; that t1w term "t+•wt ri:li.l;
4so „ 411
i
Att. 1105b ch. g STREET IMPROVEMENTS Art. 1105b
t
1
body" uicm•war used ht'rrin, includts the }awcrnir.;; car lcl•i.,Ct'.iwe body shall have power to assess the whole cost of the improvements
bodies of all incurpuratcd town, Cities.;htul villages,whether}:no: rt 0,1 in such area against such railway, street railway, or interurban,and
councils, commissions, boards of cunullissiuner5, common c•uunc 11. shall have power, by ordinance, to levy a special tax upon such rail-
boards of aldermen, city councils, or by whatever name such bodies way, street railway, or interurban, and its road-bcd, ties, rails, fix- '.
may be known or casts*nateQ under general or special laws or char- tures, rights and franchises, which tax shall constitute a lien thereon
r
tors. That whenever the lernh "highway" is used herein it shall in- superior to any other lien or claim except State, County, and City ad h;
elude any street, avenue, alley, highway, boulevard, drive, public i
11ac.�, square, or any portion or portions thereof, including valorem taxes,and which may be enforced either Uy sale of said prop-
I I P g any pea'- arty in the manner provided by law for tlideollection of ad valorem
tion that 111.1y have or play be left wholly or partly unimpruved in con- taxes by the city,or by suit in any court having jurisdiction. Tile or-
nection with other strcct improvonwnts heretofore oe hereafter made.
dinaucc levying such tax shall prescribe the time,ternls.and conditions f
The terns "improve:" or ':iniprovetucnts" whun used herein shill in- j of payment thereof,and the rate of interest,not to exceed 8,-'0
per an-
elude the ]rinds and classos.d jinprovements, with incidents and ap- num,and same,if not paid when due,shall be collectible,together with
purtenances thereto, and any portions or combinations thereof, or of interest, expenses of collection and reasonable attorney's fees, if in-
parts thereof, heroinabove mentioned, liberally construed. That f curred. The Governing Body shall have power to cause to be issued 1
whenever the term"cost"or"costs of improvements"or similar terms assignable certificates in evidence of any such assessments as herein- r
are used herein, same shall include expenses of engineering and other a i
after provided. !.
expenses incident to construction of improvements,in addition to the
other costs of the improvements. ?
• P Assessments on nbutting�properly; c•crllncatcs
_ Bo'ivers of soyernins body Sec. G. Subject to the terms hereof, the governing body of any
Sec. 3. That the governing body of any city shall have power to city shall have power by ordinance.to assess all the cost of construct-
determine the necessity for, and to order, the improvement of any ing, reconstructing, repairing, and realigning, curbs, gutters, and
highway,highways,or parts thereof within such city, and to contract sidewalks, and not exceeding nine-tenths of the estimated cost of such }
for the construction of such improvements in the name of the city, improvements, exclusive of curbs, gutters, and,sidewalks, against
and to property abutting upon the highway or portion thcrcof ordered to
provide for the payment of the cost of such improvements by be improved,and against the owners of such property, and to provide
the city,or partly by the city and partly by assessments Is hereinafter the time, terms, and conditions of payment and defaults of such as-
provided.
sessments, and to prescribe the rate of interest thereon not to ex-
Cost of irnprorement; estbuato for assessment in Part on abutting property teed eight (8) per cent per annum. Any assessment against abutting
Sec. 4. That the cost of such improvements may be wholly paid property_shall be a first and prior lien thereon from the date improve-
by the city,or partly by the city and partly by property abutting upon meats are ordered,Intl shall be a personal liability and charge against
the highway or portion thereof ordered to be improved,and the own- the true owners of such property at said date,whether named or not.
ers of such property, but if any part of the cost is to be paid by such The governing body shall have power to cause to be issued in the name
abutting property and the owners,then before any such improvements of the city assignable certificates in evidence of assessments levied de-
are actually constructed, and before any hearing herein provided for
I claring the lien upon the property and the liability of the true owner
is held, the governing body shall prepare,or cause to be prepared,an i or owners thereof whether correctly named or not Ind to fix the terms
estimate of the cost of such improvements,and in no event shall more and conditions of such certificates.
than all the cost of constructing, reconstructing, repairing and re- •If any such certificate shhall recite substantially that the proceed-
nligning curbs,gutters and sidewalks, and nine-tenths of the remain- ings with reference to making the improvements therein referred to
ing cost of such improvements as shows:on such estimate be assessed have been regularly had in compliance with the law and that all pre-
against such abutting property and owners thereof, requisites to the fixing of the assessment lien against the property de-
scribed in said certificate and the personal liability of the owner or
Speclal tax on street railways for Improvement of area occupied owners thereof have been performed, same sliall be prima facie evi
Sec. 5. If improvements be ordered constructed in any part of dence'of all the matters recited in said certificate, and no further
the area between and under rails,tracks,double tracks,turn outs and proof thereof shall be required. In any suit upon any assessment or .
switches,Intl two feet on each side thereof,of any railway,street rail- reassessment in evidence of which a certificate may be issued under
way, or interurban, using, occupying, or crossing any such higli%vay, the terms of this Act it shall be sufficient to allege the substance of the
portion.or portions thereof, ordered improved, then the governing recitals in such certificate and that such recitals are in fact true, and
1
C
'" .;rr;'1nAa. ,, rage•—^^••.-.'^,+.mrt-�RLT'�•c.. :.v.r,,.rl^r*[�tr•w:rt`•+rp.*rpAS%:-C'i't.T'�'r'�'^ '�' li'.•;rP.ttr: trsm.tr.^ ;++o•-+r.•c-z �'•?^[x-'T^•'�YtN'� {' '*
.•�"i`-T`i•1"1''� n. :i. t�'.�['F .6INhh• art-;.,'r�'r"�1'r _ 1,• .i'.r?TS*.TT:•,' .t ! i i• ... ...::S
JV
r D
STREET IMPROVEMENTS Art. 110r'
Art. 1105b '1*0%V.N.� AND VILLAGE.,; 9
forth r allo,tMi,,Il-; %vith to the proc......!illgi t" by means of such improvements is determined at such he---
cc shall be by advertiscincrit inserted at least three (3)
if w Such notice:t.isossw�-ni:t.r S!.all not he!�L. Collectable with illtel-CA. v%I.-!i times in some newspaper published it,the City where such.special as-
collections, and .1ttol-licy'S fee, if incurred, :L1111 !d--li essnient tax is to.bc imposed, if there be such a paper; if not, then
% the nearest to such city of general circulation ill the county in which
fil-St all(l prior lik??j Oil the pI'OJ)QI L.% aSACSSL-d,superior to all ether li0:,; such city is located; and, if such abutting property is owned by a
andclaimsexcept StaLc, county, school district, and city all
ty and charge against said owners taxcs,an(l sliall be a pc!rsonal liabili railway or street railway, additional written notice of the assessment
and tile hearing thereon shall be delivered either in person to its
of the property assessed. local agent, or by depositing said written notice ill the City post of-
It'll ell 1111.1cr front foot 111all Unless inequitable rice, postage paid, and proporly addressed to the offices of the railway
Sce. 7. oil each portion of or street railway at the address as it appears oil the last approved City
The part of tile cost Of ill-'PrOVel"ClIts
hightway 01-(](!I'C!ll illlpl-OVC(l 'which play he lissessed against abutting tax roll; such additional written notice,if required,shall be mailed or
niong tile parcels delivered and the first publication shall be made at least ten (10) days
property and owners thereof shall be apportioned
of abutting property and Owners thereof, in accordance with. the V before the date of the licaring. If all such notices shall describe in
Front root plan or r f 1-111 t attire of the improvements for which assessments
1110 provided that if tile application o this rule gone CrInS the 11,
would, in the opinion of the Governing Body, in particular cases, re- are proposed to be levied and to which such notices relate,shall state
stilt in injustice or inequality, it shall be the duty of Said Body to ap- the highway, highways, portion or portions thereof to be improved,
portion and assess said costs in such proportion as it May deem Just shall state the estimated amount or amounts per front foot proposed
and equitable, ]laving in view the special bencrits in enhanced value to be assessed against the ov,-licr or owners of abutting property and
to be received by such parcels of property and owners thereof, the such property on each highway or portion with reference to which
equities of such owners,and the adjustment of such apportionment so hearing mentioned in the notice is to be held, and shall state tile.csii-
.15 to produce a substantial equality of benefits received and burden., mated total cost of the improvements on each such highway, portion
imposed. or portions thereof, and if the improvements are to be constructed in
any part of the area between and under rails'and tracks,double tracks,
No lien on property CXCillpt; Personal liability llfowner; enforcinglim
turnouts, and switches, and two (2) feet on each side thereof of any
Sec. S. Nothing herein shill cinPowel:any city,or its-governing railway, street rail}way
way or interurban,shall also state tit(.-amount pro-
assess therefor, and shall state the thrie and place at
body,to fix a lien against illy interest in property exempt,at the time posed to be , ed thei
the improvements are ordered,from the lien of special asscssm,cnt for which such hearing shall be held, then such notice shall be sufficient,
street improvements, but the owner or owners of such property shall valid and binding upon all owning or claiming such abutting property,
nevertheless be personally liable for any assessment in connection I or any interest therein,and upon all owning or claiming such railway,
_
improveme with suell property: The fact that any nt,though ordered, I street railway, or interurban, or any interest therein. Such hear-
is omitted in front of property, any interest in which is so exempt, ing shall be by and before the governing body of such city and all
shall not invalidate the lien or liability of assessments made against owning any such abutting property, or any interest therein, and all
-cot railway,or interurban, or illy inter-
other property. owning any such railway, street
-y est therein, shall have the right, at such hearing,to be heard on lily
The lien created against any property and the personal liability
of the owner or owners thereof may be enforced by suit in any court 1 matter is to which hearin,,is a constitutional prerequisite to the valid-
having jurisdiction., or by sale of the property assessed in.the same ity of any assessment authorized by this Act,and to contest the amounts
of the proposed assessments,the lien and liability thereof,the special
manner as may be provided by law or charter in force in the particu. benefits to the abutting property and c-NVners thereof by means of the
lar city for sale of property for Ad valorem city taxes.
improvements for which assessments are to be levied, the accuracy,
notice ana hearing; Contents of 110aco
sufficiency,regularity and validity of the proceedings and contract in
I provided for shall be made against connection with such improvements and proposed assessments, and
Sec. 9. No assessment herein ii.
any railway, street the governing, body shall have power to correct any errors, in,c-
rs,nor against curacies,irregularities,and invaliditics,and to supply any deficiencies,
any abutting property or its owners, opportunity after notice and OPPO
railwily or interurban, or owner, until , cnt shall be made and to determine the amounts of assessments and all other matters
for hearing as herein provided, and no assessment
against any abutting property or owners thereof in excess of the sPe- necessary,and by ordinance to close such hearing and levy such assess-
cial benefits of such property, and its owners in the enhanced value meats before, during or after the construction of such improvements,
485
't FF 5-,
W.
Art. 1105b CI'rJI:S, TOWNS AND N*11-1.%(,E:� Tit -;4 Ch. 9 STREET IMPROVEMENTS Art. 11056'
but no part of any as,;e-ment,hail be ma,h to in.Jure I,ri-r t. a,k I As.sessinenU against parect-4 ovvnod Jointly
ante by the city of tiLe inilli-venionts for which
.Anyone Owning or clai'lling Illy J)VUJ)1'rtY a3SVSSC(l_(-r all}' il:t,r. Sec. 11. Assessments against several parcels of property iyiay be
a .1 1 �es made ill one assessment when owned by the S.011C person, firm, cor-
est therein, or any railway, sti-eCt, railway, Or i"Lez-111-1)' 11 Li s-vd. or
poration or estate, and property owned jointly by one or njorc per-
ally inturest th"rein, -xilli shalldesirc to contest .111),such a."es:mwilt
oil account or vic aniount tlicreor, or any inaccuracy, irrequllril}, in- sells, firms or corporations,may be assessed jointly.
validity, or insuillcicricy of the PrOccc(lill9s or contract with refer- rowers of governing body
ence t1li,reto,or 1vitll 1-crerclice to such improvements,Or on account of to carry out Ili�12. Snid governing body shall have power
any matter or t1iing not in the discretion.of tile governing body,shall See.the terms and provisions of this Act and to exercise ill the powers
etile right to therervoin and from such 110:16117 by ill"Litut-
ill any court having jurisdiction, with
in fir- I I thUrt'Of,either by resolution, notion,order or ordinance,except where
ill-,stilt for that Jim-pose. I ordinance is specifically prescribed, and such governing body shall
teen (15) days from the time such assessment is levied, and a"Yolic
who shall fail to institute such suit within such time shall be held to i have power to adopt, either by resolution or ordinance, any and 211
rules or regulations appropriate to the exercise of such powers, the
have waived every matter which Illiglit have.J)ccii taken advantage of method-,tnd manner of ordering and holding such hearings, and the
at such hearing, and -,hall be barred and estopped from in any man-
giving of notices thereof.
ner contesting or questioning suell -Isscsslllcllt, the amount,accuracy,
validity,regularity,and sufficiency thereof, Ind of the proceedings and Correction of assessinents; reassessment certincates
contract with reference thereto and with reference to such improve- Sec. 13. In case any assessment shall for any reason whatsoever
nient for or on account of any m. be held or determined to be invalid or unenforceable,then the govern-
atter whatsoever. And the only
defense to any such assessment in any suit to enforce the same shall ing body of such city is empowered to supply any deficiency in pro-
be that the notice of hearing was not mailed or delivered as required
ceedings with reference thereto and correct any mistake or irregularl-
and was not published or did not contain the substai.i.ce of one or more ty in connection therewith, and at any time to make and levy reas-
of the requisites therefor herein prescribed, or that ic assessments sessments after notice and hearing as nearly is possible in the manner
. I
exceed the amount of the estimate,and no words or'acts of any officer herein provided for criminal assessments,and subject to tile provisions
or employee of the city, or member of any governing body shown in hereof with reference'to special benefits. Recitals in certificates is-
its written procecdinggs and records shall in any way affect the force 1i
sued in evidence of reassessments shall have the same force as provided
and effect of the provisions of this Act. for recitals in certificates relating to original assessments.
Changes In proceedings; procedure App"
Sec. 10. The governing body of the city shall have power to pro- Sec. 14. Anyone owning or claiming any property or interest in
vide for changes in plans,�mcthods or contracts for improvements, or any property against which svcli reassessment is levied shall have the
e right of appeal as herein provided in connection with original
other proceedings relating thereto, but anY change substantially BY a f- sane
fecting the nature or quality of any improvements shall only be made assessments, and in the event of failure to appeal within fifteen, (15)
days from the date of such reassessment, the provisions hercinabove
when it is determined by two-thirds vote of the governing body that
it is not practical to proceed with the improvement as theretofore Pro- made with reference to waiver,bar, estoppel,and defense shall apply
d after any hear- to such reassessment. Acts 1927, 40th Leg., Ist C.S.,p.489, ch.106;
vided for, and if any such substantial change be made a 0 ing has been Ordered or lield then unless!lie improvement be able- Acts 1937,.45th Leg.,p.904,ch.439,§1; Acts 1939,413th Leg.,p.104,
aw hear- 1; Acts 1951,52nd Leg,p.454,ch.281,§1; Acts 19G3,58th Leg.,p.
dolled altogether a now estimate of cost shall be made and I n
ing ordered, and held, -Ind lieNv notices given, all with like effect and 140,ch.83,§1.
in like manner.as herein provided for original'notices and hearings. Historical Nato
Chan.-as in or abandonment of improvements must be with the consent The 19C'anicilanient inserted the ProvL- graph, inserted the provision making the
have contracted with the sions requiring that additional written failure to give such nol.le� a defense in
of such person, firm or corporation as may have of assessment of abutting property suits to enforce the assessment.
cityfor the construction thereof, if any such contract has been en- owned by rallways and street ruilwayli
tered into,and in case of abandonment of any particular improvement be dcllvcrcEl in porsbn to their local acents The amendatory Act of 1351 added sub.
or mailed to their olilcea as the addresses sees. (b) and (c) to section 1 of this ar-
an ordinance shall be passed which shall have the effect of cancelling appe'or oil the last approved city tax rill. ticle.
subs',tutea "Buch notice." for "such no-
any assessments theretofore levied therefor,and all other proceedings9s U.& "notices relate"for"notice relates--. The amendment of section C of this altl�
and,in the last sentence of the second Para- cl. by Acts 1927 added the words "school
relating thereto:
4n
T-71 f
4.
5
,3 Title 23 CITIES, TOWNS AND VILLAGES AeL I105b
} procesg, though any property owners who ton v. Parkinson (Civ.App.1967) 419 SAV.2d tt
did not have actual notice might defend in 900, ref.n,r.e.
suit to enforce assessments. City of Hous-
Art. 1094. [1.013] Hearing ,
1. ' Hearing for street improvements, and that action of
' Evidence established that property own-
council was not arbitrary or capricious. .
1 era were given adequate hearing before en- City of. f[oustan v. Parkinson (Civ.ADp.
actment of ordinance levying assessments 1967) 419 S.W.2d goo,ref. n.r.e.
i Art. 1105a. Establishing building lines or, streets
01
1
Building lines authorized
j Sec. 2. It shall hereafter be lawful for.any city, town, or village to
establish building lines on any public street or highway, or part thereof
in such city, town, or village.
Sec. 2 amended by Acts 1967, 60th Leg,, p. 1094, ch. 483, § 1, emerg. eff.
i June 12, 1967.
Art. 1105b. Street improvements and assessments in cities having more '
i than 1000 inhabitants
Notice and heAring; contents of notice
Sec. 9. No assessment herein provided for .shall be made against
any abutting property or its owners, nor against any railway, street rail-
way or interurban, or owner, until after notice and opportunity for hear-
ing as herein provided, and no assessment shall be made against any
abutting property or owners thereof in excess of the special benefits of _
such property, and its owners in the enhanced value thereof by means
of such improvements as determined at such hearing: Such notice shall
be by advertisement inserted at least three (3) times in some newspaper '~
published in the city where such special assessment tax is to be imposed,
if there be such a paper; if not, then the nearest to such city of general
circulation in the. county in which such city is located; the first publicam-
tion of such notice of hearing to be made at least twenty-one (21)' days
before the date of the hearing; and, additional written notice of the
hearing shall be given- by depositing in the United States mail, at least
fourteen (14) days before the date of the hearing, written notice of such
hearing, postage prepaid, in an envelope addressed to the owners of the
respective properties abutting such.highway, highways or portion or por-
tions thereof to be improved, as the names of such owners are shown on
the then current rendered tax rolls of such city,and at the addresses so
shown, or if the names of such respective owners do not appear on such
rendered tax rolls, then addressed to such owners as their names are
shown on the current unrendered rolls of the city at the addresses shown
thereon; and, where a special tax is proposed to be levied against any
railway or street railway using, occupying or crossing any highway, por-
tion or portions thereof to be improved, such additional .notice shall be
given by depositing in the United States mail, at least fourteen (14) days
before the elate of the hearing, a written notice of such hearing, postage
prepaid, in an envelope addressed to the said railway or street railway as +
shown on the then current rendered tax rolls of such city, at the address
so shown, or, if the name of such respective railways do not appear on
such rendered rolls of the city, then addressed to such railways or street t
railways as the names are shown on the current unrendered rolls of the p
206 '
I
1.
Arts. 110533 CITIES, TOWNS AND VILLAGES Title 28 Title 29 CITI
force the same shall b
city, at the addresses shown thereon. If any such notice shall describe quirecl or was not pub
in general terms the nature of the improvements for which assessments more of the requisites
are proposed to be levied and to which such notice relates, shall state exceed the amount of t}
the highway, highways, portion or portions thereof to be improved, shall employee of the city,
state the estimated amount or `amounts per front foot proposed to be written proceedings an
assessed against the owner or owners of abutting property and such prop- effect of the provisions
erty on each highway or portion with reference to which hearing men- Sec. 9 amended by Act
` tioned in the notice is to be held, and shall state the estimated total cost bIay 12, 1967.
t of the improvements on each such highway, portion or portions thereof,
and, if,the improvements are to be constructed in any part of the area acts' 1967, 60th Leg., P.
between and under rails and tracks, double tracks,turnouts, and switches, amended section 9 or this ar
and two (2) feet oil each side thereof of any railway, street railway or z and 3 of the amendatory
interurban, shall also state the.amount proposed to be assessed therefor, Nothing
In this
construed as Invalidating
and shall state the time and place at which. such healing shall be held, for street Improvements he
then such notice shall be sufficient, valid and binding upon all owning or by any city pursuant to th
claiming such abutting property, or any interest, therein, and upon all 'Chapter 106, acts of the Fo
owning or claiming such railway, street railway, or interurban, or any tine, First Called Session, 10
interest therein. The notice .to be mailed may consist of a cof the itl,ls article].
py o 'Sec.. 3. 1[ any word, p
published notice. In those cases in which an owner of property abutting paragraph, sentence. Part, p
a highway or portion thereof which is to be improved is listed as "un- vision of this act or the app
known" on the then current city tax roll, or the name of an owner is shown of to any person or circums
on the city tax roll but no address forsuch owner is shown, no notice held to be invalid or uncona need remainder of the act shall n
be mailed. In those cases where the owner is shown to be an estate, the valid, and the Legislature h
mailed notice may be addressed to such estate. Such hearing shall be. that this act would have,
by and before the governing body of such city and all owning any such without such Invalid or u
word, phrase, clause, para.gr
abutting property, or any interest therein, and all owning any such rail- part, portion, or provision."
way, street railway or interurban, or any interest therein, shall have the cross References
right, at such hearing, to be heard on any matter as to which hearing is validation of assessments
a constitutional prerequisite to the validity of any assessment authorized ments, see art. 2368a-12, § 6.
• by this Act, and to contest the amounts of the proposed assessments, the Law Review commentaries
lien and liability thereof, the special benefits to the abutting property Local government; annu
Texas law. H. L.ouis Nich
and owners thereof by means of the improvements for which assessments western L.d. 213 (1972).
are to be levied, the accuracy, sufficiency, regularity,and validity of the special assessments—notice
proceedings and Contract in Connection'with such improvements and pro- ers. Haney wingo,. 22 Sout
posed assessments, and the governing body shall have power to correct 200, 206 (1968).
any errors, inaccuracies, irregularities, and invalidities, and to supply any
deficiencies, and to determine the amounts of assessments and all other Supplementary Iadea
matters necessary, and by ordinance to close such hearing and levy such Abutting property, asseasmen
assessments before, during or after the construction of such improve- Review 41
ments, but no part of any assessment shall be made to mature prior to school districts, assessments
acceptance by the city of the improvements for which assessment is levied. Venue zas
Anyone- owning or claiming any property assessed, or any interest 4. Estimate of cost of improv
therein, or any railway, street railway, or interurban assessed, or any ' Failure or city which prep,
interest therein, who shall desire to contest any such assessment on � of cost of high„'ay.lmprovcm
account of the amount thereof, or,any inaccuracy, irregularity, invalidity, Ing slate us share or costs or I
or insufficiency of the proceedings or contract with reference thereto, or and after construction work h
pleted to comply with rnand
with reference to such improvements, or on account of any matter or thing ment 3 4 or this arur.ie that a
not in the discretion of the governing body, shall have the right to appeal I costs be prepared before any I
therefrom and from such hearing by instituting stilt for that purpose in are actually cunslntcttd rtn
any court having Jurisdiction, within fifteen (I5) days from the time ment ago rtd)olnlnl; Lando
such assessment is levied and anyone who shall fail to institute such } wNton v. city of lrouston
j s.w,2a 002.
suit within Stich time shall be held to,have waived every matter which s: Hcarini on proposed im
miirht have been taken advantage of at such hearing, aild shall be barred Under Provlslona or this art
lid cotopped from in any manner contesting or questioning such assess- for payment or coat of itnP
nwat, the amount, accuracy, validity, regularity, and sufficiency thereof, city or partly by city anti Par
, of ahntting properly arid P
and of the proceeding:; and contract with reference thereto and with asyesaments aro to be ad)unt
reference to such i:nprovemoilt for or oil account of any matter whatso- f. Ing bodies so an lu produr.
ever. And the only defense to any such assessnient in any suit to en-
2UO
GES Title 28 Title 23 CITIES, TOWNS AND VILLAGES A.t. R 05'0
rloto 12
•h nnn.ice shall describe force the sane' nliall be that the notice of heat'in); not mailed as re-
for ,which assessments { quire[ or was not puhlis},ed or did not contain the substance of one or
l more of the requi:;it(,s therefor herein prescribed, or that the assessments
Lice relates, shall state ? exceed the atliouut of the estimate, and no words or acts of any officer or
tf e improved, shall i employee of the city, or member of my governing. body shown in its
at t propose(] to be i written proceedings and records shall in any way affect the force and
)roperty and such prop- effect of the provisions of this Act.
to which hearinti men- � Sec. 9 amended by Acts 19G7, 60th Leg., p. 3GG, ch. 176, § 1, emerg, eff.
;ale estimate(] total cost I May 12, 19G7.
on or portions thereof, 1 * * * * * ,� * * „
n any part of the area # Acts ,1967, both Lcg., .p. M. ch. 176 equality of benefits received and burdens
turnouts, and switches, amended section 0 of this article; sections Imposed and authorizing governing body
n
11va}', street railway or 1 2 and 3 of iho amendatory act provided: to determine benefits and ndlust assess-
--o be assessed therefor, "Sec. 2.• Nothing In this Act shn;l be ments on basis of such determination, op-
construed as Invalidating nny. assessment portunity for Interested owners to be heard
hearing shall be held,
for street Improvements heretofore levied prior to determination of benefits and
ing upon all owning or by any city pursuant to the provisions of amounts to be assessed against their prop-
therein, and upon all Chapter 106, Acts of the Fortieth Lcgisla- erties is constitutional necessity and not
or interurban, or any l ture, First Called Session, 1027, as amended. matter of legislative grace. City of Houston
[this article]. V. Fore (Cr.App.19G7) 412 SAV.2d 35.
nsist of a copy of the
"Sec. 3. If any worn], phrase, clause, Evidence established that property own-
�r of property abutting l paragraph, sentence, part, portion, or pro- ers were given adequate hearing before en-
t'oved is listed as "un- vision of this Act or the nppllcation there- actmerrt of ordinance levying assessments
is of an owner is shown I of to any person or circumstanco shall be for street improvements,and that action of
1 shown, no notice need held to be Invalid or unconstitutional, the council was not arbitrary or capricious:
remainder of the Act shall nevertheless be City of hIouston v. Parkinson (Civ.App,
tvn to be an estate, the valid, and the Legislature hereby declares . 1967) 413 S.W.2d 900, ref, n. r, e.
Such hearing shall be i that this Act would have been enacted
without such Invalid or unconstitutional 6. Ordinances, resolutions or orders far,
d all owning any such Improvement
'word, phrase, clause, paragraph, sentence,
owning any such"rail- part, portion, or provision." Ordinance levying assessments upon
therein, shall have the i abuLting property and Its owners for street
Cross References .
improvements is presumably valid. City
as to which hearing is 1 Validation of assessments and reassess- of Houston Y. Blackbird (Sup.1965) 394 S.
assessment authorized inents, see art.2368a-12, § 6. 1V.2d 159.
)osed assessments, the Law Review Commentaries
the abutting property Local government; annual survey of 12, Assessments—In general
J Texas law, H. Louis Nichols, 26 South- A paving'assessment against defendants'
for which assessments western L.S.213 (1972). property was void where defendants' prop-
ity —I validity of the Special assessments—notice to landown- erty abutted on a vacant strip of land
m ements and pro- J ers. Harvey Wingo, 22 Southwestern L.T. which was not being u.5ed as a public way,
3avc power t0 correct 1 200, 206 (1968). although apparently owned by either the.
j state, county or a municipality, and such
ties, and to supply any vacant strip abutted the paving improve-
'ssmeIlts and all other Supplementary Index to Notos ment. Municipal Inv. Corp. V. Triplett
hearing and levy such Abutting property, assessments 14.3 ' (Civ.App.19G3) 371 S.%V.2d 124, ref. n, r. e,
10n Of SUCH improve- ] Review 41 Reasonableness of city council's deter-
mination that abutting property would be
School districts, assessments 14.5
de to mature pl•ior, to � beneCitted to extent of specified amount •
5 assessment is levied. Venue 24.5 by street improvement was t.o be judged as
ssed, or any interest of time determination was made. City of
( 4. Estimate of cost of Improvement Houston v. Blackbird (Sup.1965) 394 SAV.
d estimate 2d 159.
such assesSraent on of cost of highway improvement after pay- ,amount of street Improvement assess-
-regularity, invalidity, ing state its share.of costs of improvements ments may still be contested under section
reference thereto, or 1 and after construction Nvorlc had been com- 9 of this article, prohibiting assessment
any matter or thing pleted to comply with mandatory require- therefor by city against abutting property
ment § 4 of this article that an estimate of or its owners in excess of special benefits
ve the right to appeal j costs be prepared before any Improvements of property, if.assessments exceed benefits
it for that purpose in , are actually constructed rendered assess- as determined at hearing, exceed estimated
i ment against adjoining landowner invalid• cost: curbs, gutters, and sidewalks plus
days from the time
fall t0 institute such a Walton V. City of Houston (Sup.1967) 421 90% of estimated cost of other irnprove-
S.W.2d 902. ments, or are based on benefit determina-
I every matter which 5. Hearing on proposed Improvement tious which are arbitrary or are result of
and shall be barred Under provisions of this article providing fraud. Id,
stioning such assess- t for payment of- cost of improvements by Expected utilization of farmland for other
I sufl:iciency thereof, city or partly by city and partly by owners than tarn purposes, which would not oc-
.ce thereto and with of abutting property and providing that cur before lapse of at least 8 to 10 years,
i assessments are to be adjusted by govern-. was too remote in time as a matter of law .
any matter whatso- ing bodies so as to produce substantial to support paving assessment on theory
It in any suit to en- 207
I '
M.
I
EXHIBIT F
STREET IMPROVEMENTS
COVERED BY 1974 BONDS
Street Improvements Covered by 1974 Bonds:
Shadowbend (From FM 518 to Woodlawn) Asphalt with curb 9 gutter
Shadowbend (From FM 518 to Morningside) Concrete with curb 9 gutter
Shadowbend (Morningside to Quaker) Asphalt with curb & gutter
Clearview (FM 518 to Quaker) Concrete with curb & gutter
Spreading Oaks (FM 518 to Woodlawn) Asphalt with curb & gutter
Spreading Oaks (FM 518 to Quaker) Asphalt with curb & gutter
Laurel (Spreading Oaks to Shadowbend) Asphalt with curb & gutter
Woodlawn (Shadowbend to FM 2351) Asphalt with curb 9 gutter
Falling Leaf (Sunset to Greenbriar) Concrete without curb 9 gutter
Exhibit F - Page 1