ST8505-CS 860820 (2)August 20~ 198&
DECISION/ACTION Schedule
PART
A.
C 0
D o
CITY COUNCIL may
(decision) 1
(action) 2
(action> 3
(action) ~
decide the need for,
order the improvement of,
contract for the construction of,
provide for the payment of any
street lying inside or outside the
city limits as allo~ed by the
statute,
CITY may:
(action)
(action)
by ordinace assess the total cost
of the road construction~ and
assess the property owners alon~ the
designated street at a rate not to
exceed 90% of the est mated cost of
the road improvements (excludin~
curbs~ ~utters~ and s dewatks).
CITY may:
(decision>
determine the time~ terms,
conditions o+ peyment~ defaults on
the assessmen~s~ and prescribe the
interest rate (not to exceed the
rate set forth in Article llOSb,
Vernon~s Annotated Civil ~tatutes>
on ~ayments,
ASSESSMENTS ON ABUTTING PROPERTY SHALL FROM THE DATE
OF ORDERED IMPROVEMENT~
(action) 1. be a first/prior I ien
(action) 2, be a personal I iabi I ity/char~e
against the true property owner(s)
whether named or not,
(action) Additional ly, the City Council may
issue assignable certificates as
evidence of assessment.
E, ' For the Abuttin~ Property Owner(s) the ~overnin~ Body
shall:
<action)
(act on)
<act on)
1. prepare an estimate of the total
improvement costs and
2. not assess more than the total
cost of constructing,
reconstructing, repairin~ and
real i~nin~ curbs, Sutters~ and
sidewalks, nor
assess~ore than ~0~ of the
3.
remainin~ cost of such road
improvements.
F. The Property Owner(s) shal I be assesse~:
<decision) 1. on the basis of the FRONT FOOT
PLAN unless the City Council, in
particular cases, determines another
basis would be more equitable,
<action) 2. such that a I ien is not placed
a~ainst any property which is exemp't
at the time the improvement is
ordered, However; the owner(s> shall
be personally liable for any such
assessment.
No assessments:
(action)
shal I be made a~ainst any property
owner until after a public hearin~
as provided in Article llOSb~
Vernon~s Annotated Civil Statutes.
(action)
2. shall be in excess of the special
benefits of the property or the
enhanced value as determined at the
public Hearing,
road improvement will be advertised
at least three <3) times in a
newspaper published in the City
where the special assessment tax is
to be imposed. THe first notice
will be made at least
!~i! ~Z~ before the hearin9 date,
and ~itioD~! ~tten notice o~ the
Hearin9 will be mailed at least
~ourteen (1~> ~Z~ before the
¼earins the property owners. THe
notices should be addressed to the
owner as it appears on the rendered
tax roll, however~ i~ the name does
not appear on the roll, then the
notice wi I I be addressed to such
owners as their
names appear or, the unrendered tax
roi ~ . Roi Iwa%~ ~D~ ~treet roi Iwa%E
if assessable, will be notified in
the same manner as described above.
H. This ordinance is established in accordance with
Article l105b, of VernonJs Annotated Civil Statutes, and is
not intended to extend or reduce the rights and privileges
of the statute.
PART II. E!II g~9I~E[
STREET ASSESSMENT POLICY
A, Improvements - Streets wi I I be comprised of a paved
surface~ two (2) feet o.f curb and Butter on each side
minimum of four (~) teat sidewalks on each side~ or w der
where neeeded, plus driveways as necessary.
B, Assessment Policy - Abuttin~ property owners ~ II be
assessed on the front fJot basis as follows:
1. ~0~ of the cost o'~ the improvements relating to
pavement for one-half of the width of the street.
Improvements include excavation~ ~ ime stabi I ization base~
concrete, engineerin~ costJ and a~ ~ other costs pertaining.
Cost for street ; i~hts~ ~andscaping~ and traffic
siBna~ ization wi I ~ not be assessed.
2. 100~ o~ one-ha~ the cost of ~onstru~tion of
curbs, gutters~ storm sewers, and ~associated drainage
faci ~ ;ties.
5. lO0~ of one-half the cost of construction of
sidewalks.
~[CTION 2: PAYMENT
Assessments are payable in semi-annual installments not to
exceed eight (8) in number, The first is due within 30 da~s
from the date of completion o~ the road improvement and
acceptance of the work by the City. Thereafter~ one {1)
installment each semi--annually until paid with interest at
one of the following rates:
[. ~ per annum
2. the rate payable by the City on its most
recently issued 9eneral obi igation bonds
determined as of the date of the notice to
property o~ners with the understanding that the
installment can be paid off before maturity by
paying the principal and accrued interest. Any
· assessed property owner can pay the whole
assessment charged to him wit&out interest within
thirty (~O> days after the acceptance and
completion of the improvements,
All ordinances or par'ts of ordinances in conflict with the
provisions of this ordinance are repealed. However, anyone
9uilty of violatin9 such repealed ordinances prior to the
effective date of 'this ordinance can stll be prosecuted and
punished. Prosecution may be~in and pendin9 cases continued
as if the prior ordinance(s) Had not been repealed,
SECTION A: SEVERABIL. ITY CLAUSE
If any part of this ordinance is deemed inval id or
unconstitutional, the whole other than that particular part,
shall not be affected,
SECTION 5: EFFECTIVE DATE
Immediately from and after the publication of its caption.