Loading...
ST8505-CS 870930SUBDIVISION ORDINANCE - CITY OF COPPELLtTEX~S APPENDIX C - ASSESSMENT FOR THOROUGHFARE IMPROVEMENTS PROCEDURE USED TO DETERMINE ASSESSMENT FOR THOROUGHFARE IMPROVEMENTS Calculatinq the Actual Assessment Value Used The following bid items cost from the actual low bid is tabulated: a. Roadway Excavation b. Lime Slurry c. Lime Treatment d. Pavement e. Curb & Gutter f. All storm drainage g. Median landscaping h. Raised pavement markers (divided streets only) i. Street Lights Add the design engineering cost for the total project. (This amount is determined from the curves in "Manual 45" published by the American Society of Civil Engineers.) Testing and inspection fees are not included. The sum of the above gives the portion of the project cost that is to be used for assessment value. The City of Coppell's policy is to relate the above value to what it would cost to construct a 37-ft. collector thoroughfare. This is done by calculating the percentage (%) of a 37-ft. wide street compared to the actual total pavement width of the project at hand. The assessment per front foot is figured from assessment value above, divided by total front foot, and multiplied by the calculated percentage. Rev. 4/88 PAGE 1 Sec. 3-4-6 STREET A98ESSMENTS ESTABLISHMENT 1. The City Council may, pursuant to Article 11055, Vernon's Annotated Civil Statutes, determine the necessity for, and order, the improvement of any street or part thereof within the City or lying outside the City as permitted by said statute, and may contract for the construction of such improvements in the name of the City and provide for payment of the cost of such improvements by the City, or partly by the City and partly by assessments as hereinafter provided. (Ord. 86-353) 2. The City may, by ordinance, assess all of the cost of such constructing, reconstructing, repairing and realigning of curbs, gutters, and sidewalks, and may make an assessment not exceeding nine-tenths of the estimated cost of improvements exclusive of curbs, gutters, and sidewalks, against the property upon the street or portion thereof ordered to be improved, and against the owner of such property. (Ord. 86-353) 3. The City may provide the time, terms, and conditions of payment and defaults of such assessments, and prescribe the rate of interest thereon, not to exceed the maximum interest set forth in Article 11055, Vernon's Annotated Civil Statutes. (Ord. 86-353) 4. Such assessment against abutting property shah be a first and prior lien thereon from the date improvements are ordered and shall be a personal liability and charge against the true owner or owners of such property at said date, whether named or not. The City Council may cause to be issued in the name of the City, assignable certificates in evidence of such assessments as provided for in said statute. (Ord. 86-353) 5. Before such improvements are actually constructed, and before any hearing provided by law is held, the governing body shall prepare an estimate of cost of such improvements, and in no event shall more than all the cost of constructing, reconstructing, repairing and realigning curbs, gutters, and sidewalks, and nine-tenths of the remaining cost of such improvements as shown on such estimate be assessed against such abutting property owners thereof. (Ord. 86-353) 6. The part of the cost of improvements on each portion of such street ordered improved which may be assessed against abutting property and the owners thereof shall be apportioned along the parcels of abutting property and owners thereof, in accordance with the Front Foot Plan or rule unless the City Council, in particular eases, determines that such would result in an injustice or an inequity and, therefore, provide Revised 9/87 Chapter 3, Page 20 for assessment of said cost in such proportion as may be equitable, having in view the special benefits in enhanced value to be received by such parcels of property and the owners thereof. The City Council shall not fix a lien against any interest in property which is exempt at the time the improvement is ordered, but the owner or owners of such property shall nevertheless be personally liable for any such assessment. (Ord. 86-353) No assessment shall be made against any abutting property owner or owners until after notice and opportunity for hearing as provided for in Article l105b, Vernon's Annotated Civil Statutes, 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. Pursuant to Article l105b (9), Vernon's Annotated Civil Statutes, 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; the first publication 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 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 the hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such street or portion or portions 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 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 address shown thereon. The same notice provisions shall also be applied to any railway, or street railway using, occupying or crossing any street, portion or portions thereof to be improved, if it is proposed to assess a special tax against such railway or street railway for such improvements. (Ord. 86-353) The establishment of this street assessment Article is made pursuant to the provisions of Article 1105b, Vernon's Annotated Civil Statutes, and is not intended to reduce or enlarge upon such rights, duties, and requirements as are established by said statute or any subsequent amendments thereto, and any conflict shall be resolved and determined by the provisions of said statute. (Ord. 86-353) STREET ASSESSMENT POLICY The policy for street paving assessments in the City of Coppell shall be as follows: (Ord. 86-353) Revised 9/87 Chapter 3, Page 21 CJ Improvements. Streets shall contain a paved surface, plus two (2) feet of curb and gutter section on each side, a minimum of four (4) foot wide sidewalks on each side, or wider where needed, plus driveways as needed. The paved surface shall be concrete, as required by the City of CoppeD. (Ord. 86-353) e Ass~_ merit Policy. Property owners abutting on each side of the street shall be assessed on the front foot basis as follows: (Ord 86-353) Ninety percent (90%) of the cost of the improvements relating to pavement for one-half of the width of the street abutting the property. Improvements shall include excavation, lime stabilization base, concrete, engineering cost, and all other costs of all incidents and appurtenances thereto. The costs for street lights, landscaping, and traffic signalization will not be included in assessments. (Ord. 86-353) be One hundred percent (100%) of one-half of the cost of construction of curbs and gutters, storm sewers, and associated drainage facilities. (Ord. 86-353) CJ One hundred percent (100%) of one-half of the cost of construction of sidewalks. (Ord. 86-353) PAY M ENT The cost assessed against said owners and their property shall be payable in semi-annual installments not to exceed eight (8) in numberl the first of which shall be payable within thirty (30) days from date of comple'tion of said improvements and their acceptance by the City of Coppell, and one (1) installment each semi-annually thereafter until paid, together with interest thereon at the rate of the greater of the following two rates: 1. Eight percent (8%) per annum, or (Ord. 86-353) The rate payable by the City on its most recently issued general obligation bonds, determined as of the date of the notice to property owners, (Ord. 86-353) with the provision that any said installment may be paid at any time before maturity by payment of principal and accrued interest thereon. Any property owner against whom and against whose property an assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. (Ord. 86-353) Revised 9/87 Chapter 3, Page 22