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O-635-9-85ORDINANCE NO. 635-9-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CONSULTING CITY ENGINEER SHOWING THE ESTIMATES OF THE TOTAL COST OF ALL IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF AND THE ESTIMATES OF VARIOUS OTHER COSTS, FOR THE IMPROVING OF A PORTION OF F.M. 2170 CONTAINING PORTIONS OF MCDERMOTT DRIVE, ALLEN DRIVE, AND MAIN STREET IN THE CITY OF ALLEN, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS l THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF ALLEN, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A PUBLIC HEARING AT 7:30 O'CLOCK P.M. ON THE 14TH DAY OF OCTOBER, 1985, IN THE CITY COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE MUNICIPAL ANNEX BUILDING OF ALLEN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEEDINGS AND CONTRACTS CONCERNING SAID ASSESSMENT AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF ALLEN, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. The City Council of the City of Allen, Texas, hereby finds and determines: Ordinance No. 635-9-85 - Page 1 (a) That the City Council of the City of Allen, Texas, has, by Ordinance, duly enacted on August 1, 1985, determined the necessity for and ordered the improvement of a portion of F. M. 2170 containing portions of McDermott Drive, Allen Drive, and Main Street, in the City of Allen, Texas, within the limits hereinafter defined, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by said City Council. Said street and the portion thereof ordered to be improved is as follows: The portion of F. M. 2170 containing portions of McDermott Drive, Allen Drive, and Main Street, as herein described as Phase 1 as described in Exhibit "A" attached hereto, shall be improved as follows: F.M. 2170 (McDermott Drive) shall be improved with seven-inch (711) thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (611) lime treated subgrade, to provide a divided thorougfare consisting of two roadways, each thirty-four feet (341) in width (back to back), including drainage improvements from station 12+03 which is on the west right-of-way line of Anna Drive to Station 14+74.31 which is on the east right-of-way line of Allen Drive. F.M. 2170 (Allen Drive) shall be improved with seven-inch (711) thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter with a six-inch (611) lime treated subgrade, sidewalks, and including drainage improvements to provide a divided thoroughfare consisting of two roadways, each twenty-three feet (231) in width (back to back) from the north right-of-way line of McDermott Drive to the north right-of-way line of Main Street. F.M. 2170 (Main Street) shall be improved with seven-inch (711) thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (611) lime treated subgrade, sidewalks and including drainage improvements to provide a roadway consisting of sixty-one feet (611) of concrete paving (back to back) from the west right-of-way line of Allen Drive to the west right-of-way line of Dogwood Drive. Said improvements are located within one or more of the following surveys: James Reed Survey, Abstract No. 758 A.B. Perrin Survey, Abstract No. 713 William Perrin Survey, Abstract No. 708 All lying within the city limits of Allen, Collin County, Texas. Ordinance No. 635-9-85 - Page 2 (b) That a notice, duly executed in the name of the City of Allen, Texas, of the enactment of the above-described Ordinance has been filed with the County Clerk of Collin County, Texas, the county in which said City of Allen is situated. (c) That the consulting City engineer for the City of Allen (hereinafter called Engineer) has prepared and filed estimates of the costs of such improvements, and estimates of the amount per front foot to be assessed against the property abutting said street, within the limits therein defined, and against the real and true owners thereof; and the Engineer has filed said estimates and a statement of other matters relating thereto with the City Secretary, and the same has been received, examined and approved by the City Council; and that in accordance with such statement of estimates, the amounts of said estimated costs are as set out in the schedule attached to and made a part of this Ordinance. SECTION 2. The written statement and report of the Engineer showing the estimated total costs of all the improvements on the street lying within the limits above defined, showing the amounts per front foot proposed to be assessed against the abutting property and the real and true owners thereof on the said street for City improvements, showing the total estimated costs of said improvements proposed to be assessed against and paid by the abutting property and real and true owners thereof, showing the total estimated costs of said improvements on the said street proposed to be paid by the City of Allen, Texas, and showing other matters relative thereto, having been received and examined by the City Council, said report and estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the City Council of Allen, Texas, that the estimated amounts of the several respective items of costs of said improvements, as above described, on said streets, are as is set out in the schedule attached hereto and made a part of this Ordinance. SECTION 3. A portion of the costs of said improvements shall be paid and defrayed by the City of Allen, Texas, through the sale of municipal bonds and monies derived from the sale of contributing county bonds; and a portion of the costs thereof Ordinance No. 635-9-85 - page 3 shall be assessed against and paid by the property abutting upon said street, within the limits above defined, and the real and true owners thereof, in accordance with, and in the manner provided by Article 1105b of Vernon's Annotated Civil Status of Texas, as amended, and as adopted by the Charter of the City of Allen, Texas; and the total cost of said improvements of the said streets as hereinabove described, shall be and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) The abutting property within the limits hereinabove defined, and the real and true owners thereof, shall be assessed for and pay in accordance with the "front foot plan," one-fourth (25%) of the estimated costs of all of the improvements (in accordance with the estimate thereof prepared by the Engineer), including the cost of improvements within intersections of streets with other streets, avenues and alleys as so estimated. (b) The City of Allen, Texas, shall pay all of the remainder of the costs of said improvements through authorized bond funds after deducting the amounts herein specified to be paid by the abutting property and the real and true owners thereof as set out in subparagraph (a) above. (c) There is included within the meaning of the terms "cost" or "cost of improvement", when such terms are used herein, engineering fees, appraisal fees, attorney fees, and all other costs and expenses incident to the construction of the improvements. (d) When the improvements herein ordered have been completed and accepted by the City of Allen, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in five (5) equal annual installments, due, respectively, thirty (30) days, one (1) year, two (2) years, three (3) years, and four (4) years from the date of acceptance by the City of Allen, together with interest on the unpaid balance from said date of acceptance until paid at the rate of eight (8) percent or maximum allowed by State law per annum payable annually, provided, however, the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof, by paying the total amount of such installment, together Ordinance No. 635-9-85 - page 4 with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Allen, the entire amount of the assessment upon which default is made, together with reasonable attorneys' fees and all collection costs incurred, shall be and become immediately due and payable. (e) No assessment shall be made against any abutting property or the real and true owners thereof of costs in excess of the benefits to such property or owners thereof in enhanced value thereof by means of such improvements, as determined by the City Council at the public hearing. The amounts of said assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not. SECTION 4. A hearing shall be held and notice given to the owners as shown on the City's Tax Roll of property abutting upon F.M. 2170, containing portions of McDermott Drive, Allen Drive, and Main Street, within the limits set out above as to the assessment and as to the amount to be assessed against each parcel of abutting property, and the owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, invalidity, irregularity, or deficiency in any proceeding or contract with reference thereto or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of Allen, Texas, in the Council Chambers of the City Council in the Municipal Annex Building in the City of Allen, Texas, at 7:30 o'clock p.m. on the 14th day of October, 1985, at which time and place all persons, firms, corporations, or estates owning or claiming any such abutting property, or any interest therein, and their agents or attorneys and persons interested in said proceedings, shall be given an opportunity to appear and to be heard in person or by Counsel, and may offer evidence, and said hearing may in the sole discretion of the City Council be adjourned from day to day and from time to time kept open, until all evidence and protests have been duly offered and heard, and the City Secretary of the City of Allen, Texas, is hereby directed to give notice of said hearing by publication of notice in the official newspaper Ordinance No. 635-9-85 - Page 5 in the City of Allen, Texas; said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least 21 days prior to the date of said hearing, and such notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance with the terms and provisions of Article 1105b of the Revised Civil Statutes of Texas, as amended, and as adopted by the Charter of the City of Allen, Texas. Where required by said statute, the City Secretary shall give additional written notice. However, the City Secretary may, in addition to the contents of the notice of said hearing as required by law which shall be for all purposes valid and sufficient in itself, include in any one or all of the publications of said notice such further data and information regarding such proposed improvements and assessments as the City Secretary may deem proper, and such general statement in connection therewith as the City Secretary may desire to acquaint those to whom the notice is directed with the facts and matters concerning said improvements and assessments. SECTION 5. Following such hearing as herein provided, assessments will be levied against said abutting property, and the real and true owners thereof, for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon the abutting property and a personal liability and charge against the real and true owners thereof. In levying the assessments, if the name of the owner be unknown, it shall be sufficient to so state that fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state that fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name the owner or in describing any of the property shall invalidate any assessment or certificate issued in evidence thereof; but, nevertheless, the real and true owners of said abutting property shall be liable and the assessment against the abutting property shall be valid whether or not such owner may be named, or correctly named, or the property correctly described therein. Ordinance No. 635-9-85 - page 6 SECTION 6. This Ordinance shall become effective immediately from and after its passage. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 19th day of September , 1985. APPROVED: Donald P. Rodeiib-augh, Mayor Q2S ATTEST: Maat_ Marty Hendrix, Cit Secretary APPROVED AS TO FORM: Powder, Cittorney Ordinance No. 635-9-85 - Page 7 Attachment to Ordinance No. 6-15_9_pr,— ESTIMATES AND ROLLS FOR STREET ASSESSMENT TO THE MAYOR AND CITY COUNCIL MEMBERS CITY OF ALLEN, TEXAS In accordance with the proceedings heretofore had by the City Council, and at your direction and as required by law, I have prepared, and herewith submit to you, estimates of the costs of improving portions of FM 2170 containing portions of McDermott Drive, Allen Drive and Main Street in the City of Allen, Collin County, Texas, as ordered and described in an Ordinance duly adopted by the City Council on August 1, 1985, by excavating, grading, and providing for the construction of concrete pavement; and by the installation of drainage inlets, storm sewers, and drainage structures; and by the construction of concrete curbs and gutters; and the construction of sidewalks, all as provided for and in the approved plans and specifications therefor; said streets and the portion thereof being described and identified as follows: FM 2170 (McDermott Drive) shall be improved with seven-inch (7") thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (6") line treated subgrade, to provide a divided thoroughfare consisting of two roadways, each thirty-four feet (34') in width (back to back), including drainage improvements from station 12+03 which is on the west right-of-way line of Anna Drive to Station 14+74.31 which is on the east right-of-way line of'Allen Drive. FM 2170 (Allen Drive) shall be improved with seven-inch (7") thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter with a six-inch (6") lime treated subgrade, sidewalks, and including drainage improvements to provide a divided thoroughfare consisting of two roadways, each twenty-three feet (23') in width (back to back) from the north right-of-way line of McDermott Drive to the north right-of-way line of Main Street. FM 2170 (Main Street) shall be improved with seven-inch (7") thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (6") lime treated subgrade, sidewalks and including drainage improvements to provide a roadway consisting of sixty-one feet (61') of concrete paving (back to back) from the west right-of-way line of Allen Drive to the west right-of-way line of Dogwood Drive. Said improvements are located within one or more of the following surveys: James Reed Survey Abstract No. 758 William Perrin Survey Abstract No. 708 A.B. Perrin Survey Abstract No. 713 All lying within the city limits of Allen, Collin County, Texas. The estimates hereinafter set out are based upon the prices bid by the lowest responsible bidder for the bids received by the City on September 12, 1985, and the apportionment of the costs of said improvements, as heretofore proposed and described; and said estimates contain the proposed amounts per front foot to be charged and assessed against the abutting property, and the real and true owners thereof, for the total dollar amount per front foot for all of said improvements. Said estimates further show the total costs of said improvements proposed to be charged against and paid by said abutting properties, and the real and true owners thereof, the total cost of said improvements to be paid by the City of Allen, Texas, and the total cost of all of said improvements in reference to the street to be improved, as above described. With said estimates, I have shown the proposed amounts to be assessed against the several parcels of abutting property, and the real and true owners thereof, together with the number of front foot frontage, names of apparent owners, and other matters, all as accurately as I have been able to determine. Respectfully submitted, C07� aaeetA Conrad Ca licoatte, P.E. Attachment to Ordinance No. ENGINEER'S ESTIMATE OF COST Total Cost of Paving and Drainage Improvements: Cost of Total improvements based on Lowest responsible bid, including Engineering fees, Administration, Rail crossing and street lighting $ 1,213,352.20 Estimated Cost to be divided 75% to City of Allen, 25% to Property Owners. Less: Participation by City of Allen at 75% of Cost $ 910,014.15 Total Costs to be paid by Property Owners on a per foot basis at 25% of costs to be divided $ 303,338.05 Total Number of front feet in improvements 4895 feet Amount to be assessed against Property Owners for construction of improvements $ 61.968958 Amount to be paid by owners of abutting private property for improvements $ 247,318.11 Amount to be paid by City of Allen for front feet for improvements $ 56,019.94 Total City Participation $ 966,034.09 ENGINEERS ROLL PAVING AND DRAINAGE - FM 2170 Includes Portions of FM 2170 as Follows: McDermott Drive - Anna Drive to Allen Drive Allen Drive - McDermott Drive to Main Street Main Street - Allen Drive to Dogwood Drive MAIN STREET South Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment Veda Stacy Trust #5 Cumberland, Richardson, Tx. James Reed Survey 370.0 $ 22,928.51 Block J, Lot 3B, 4B, 5, 6, Old Donation 758 Billy J. Spaugh, P.O. Box 345, Allen, Texas James Reed Survey 167 10,348.82 Block J, Lot 3D, 4C Old Donation 758 Monty Jackson, P.O. Box 68, Richardson, Texas James Reed Survey 100 6,196.90 Block J, Lot 4A Old Donation 758 First Baptist Church, P.O. Box 8, Allen, Texas James Reed Survey 250 15,492.24 Block 14, Lot 1-5, 6-10 Old Donation 758 First Baptist Church, P.O. Box 8, Allen, Texas James Reed Survey 100 6,196.90 Block 3, Lot 15-18 Old Donation 758 James D. Kerr, P.O. Box 49, Allen, Texas James Reed Survey 50 3,098.45 Block 3, Lot 6B, 7B, 8B, 96, 10B Old Donation 758 MAIN STREET South Side Cont'd Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment First Baptist Church, P.O. Box 8, Allen, Texas James Reed Survey 75 $ 4,647.67 Block 3, Lot 6A, 7A, 8A, 9A, 10A Old Donation 758 Southern Pacific Company Railroad James Reed Survey 250 15,492.24 P.O. Box 959, Tyler, Texas 75110 758 W. Perry Bolin, McKinney, Texas James Reed Survey 50 3,098.45 Block 8, Lot 7D, 8D, 9D, 10D Old Donation 50 Garrett Smith Joint Venture, 11518 Reeder Road James Reed Survey 50 3,098.45 #105, Dallas, Texas 75229 758 Block 8, Lot 7B, 8B, 10B, 7C, 8C, 9C, 10C, Old Donation Anthony R. James, P.O. Box 607, Allen, Texas James Reed Survey 25 1,549.22 Block 8, Lot 7A, 8A, 9A, 10A Old Donation 758 David McCormick, 610 Shady Glen, Allen, Texas James Reed Survey 25 1,549.22 Block 8, Lot 18 Old Donation 758 WOW Camp. #447, P.O. Box 402, Allen, Tx 75002 James Reed Survey 50 3,098.45 Block 8, Lot 16, 17 Old Donation 758 City of Allen, One Butler Circle Allen, Texas James Reed Survey 25 1,549.22 Block 8, Lot 15 Old Donation 758 John R. Reitinger, 3115 W. Parker #540, Plano, Tx James Reed Survey 77.8 4,821.18 Block 19, Lot 9A, 10 Old Donation 758 MAIN STREET South Side Cont'd Property Owner John R. Reitinger, 3115 W. Parker #540, Plano, Tx Block 19, Lot 8, 9, 13 Old Donation Horace Goode, 207 Main Street, Allen, Texas Block 19, Lot 6, 7 Old Donation Survey Abstract James Reed Survey 758 James Reed Survey 758 Abutting Feet Total Paving and Drainage Assessment 72.2 4,474.16 100 6,196.90 TOTAL SOUTH SIDE MAIN STREET 1,837 $ 113,836.98 MAIN STREET North Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment Allen State Bank, P.O. Box 16, Allen, Texas James Reed Survey 125 $ 7,746.12 Block 18, Lot 4, 3A, 5, 6, 7, 8A Old Donation 758 Eldon Dotson, Route 7, Box 209 McKinney, Texas James Reed Survey 125 7,746.12 Block 18, Lot 2, 3, 36 Old Donation 758 J. A. Gooch, P.O. Box 302, McKinney, Texas James Reed Survey 100 6,196.90 Block 7, Lot 11, 12, 13, 14 Old Donation 758 Sheridan Ashcrof Thompson, P.O. Box 19877 James Reed Survey 22 1,363.32 Houston, Texas, Block 7, Lot 1A, 2A, 3A, 4A 758 Old Donation Don Rodenbaugh, P.O. Box 15, Allen, Texas James Reed Survey 78 4,833.58 Block 7, Lot 1B, 1C, 1D, 1F, 2B, 2C, 2D, 2E 758 3B, 3C, 3D, 3F, 4B, 4C, 4F Old Donation Don Rodenbaugh, P.O. Box 15, Allen, Texas James Reed Survey 25 1,549.22 Block 7, Lot 1E, 2E, 3E, 4E Old Donation 758 First Baptist Church, P.O. Box 8, Allen, Texas James Reed Survey 250 15,492.24 Block 4, Lot 1, 2, 11, 12, 13, 14 Old Donations 758 Mekoola Ent., Route 2, Box 204, Plano, Texas James Reed Survey 67 4,151.92 Block 15, Lot 1B, 2E - Old Donation 758 Dale Burton, Route 2, Box 204, Plano, Tx 75074 James Reed Survey 53 3,284.35 Block 15, Lot 2B, 2C, 2D, 3A - Old Donation 758 Southern Pacific Company Railroad James Reed Survey 250 15,492.24 P.O. Box 959, Tyler, Texas 75110 758 MAIN STREET North Side Cont'd Property Owner Mason D. Farmer, 1213 N. Goliad, Rockwall, Tx Block 15, Lot 3B, 46 - Old Donation Al Wininger Inv. Inc., P.O. Box 1474, Plano, Tx Block 15, Lot 4A, 5 Old Donation Paul Wood, P.O. Box 645, Allen, Texas Block 6, Lot 1A, Old Donation Church of Christ, Allen, Texas Block 6, Lot 1B Old Donation Verda Stacy Trust #5 Cumberland, Richardson, Tx Old Donation Survey Abstract James Reed Survey 758 James Reed Survey 758 James Reed Survey 758 James Reed Survey 758 James Reed Survey 758 Abutting Feet 55 75 81 208 Total Paving and Drainage Assessment $ 3,408.29 4,647.67 5,019.49 12,889.54 180 11,154.41 TOTAL NORTH SIDE MAIN STREET 1,694 104,975.41 ALLEN DRIVE East Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment Gladys Whisenant, 200 W. McDermott, Allen, Tx. James Reed Survey 40 $ 2,478.76 Lots 3, 4, 5 Block, Old Donation 758 Horace Goode, 207 Main, Allen, Texas James Reed Survey 115 7,126.43 Block 19, Lot 6, 7 Old Donation 758 David McCormick, EPA Lasting Impressions James Reed Survey 115 7,126.43 204 W. Belmont, Allen, Tx., Block 19, Lot 4,5 758 Old Donation Charles R. Holubar-Dwight W. Betts, P.O. Box 16 James Reed Survey 115 7,126.43 Allen, Texas, Block 20, Lot 6, 7 Old Donation 758 TOTAL EAST SIDE ALLEN DRIVE 385 $ 23,858.05 ALLEN DRIVE West Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment City of Allen - One Butler Circle, Allen, Texas William Perrin Survey 298 $ 18,466.75 Whisenant Addition, Block 1 708 City of Allen - One Butler Circle, Allen, Texas William Perrin Survey 120 7,436.27 Whisenant Addition 708 Billy Armstrong, P.O. Box 5708 William Perrin Survey 100 6,196.90 Richardson, Texas 75080 708 Block 1, Lot 4A TOTAL WEST SIDE ALLEN DRIVE 518 $ 32,099.92 FM 2170 (McDERMOTT DRIVE) South Side Property Owner City of Allen - One Butler Circle Whisenant Addition North Side City of Allen - One Butler Circle Whisenant Addition TOTAL FM 2170 (McDermott Dr.) TOTAL FOR PROJECT Survey Abstract William Perrin Survey 708 William Perrin Survey 708 Based on actual bid received at 2:00 PM September 12, 1985 plus engineering charges, appraisal fees, rail crossing improvements, street lighting cost. Assessment Distribution based on 25% of total cost to abuting Property Owners. Abutting Feet Total Paving and Drainage Assessment 271 $ 16,793.59 190 $ 11,774.10 461 28,567.69 4895 $303,338.05 Paving and Drainage Assessment $ 61.968958 per abutting foot