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WA9401-CS 940324 (2)MEMORANDUM Date: To: From: Subject: March 24, 1994 Ken Griffin, City Engineer ;' t Enclosed is a memo I received from Frank Trando regarding the assessment process for the East Belt Line water line. I am asking to complete all the technical data and information required to make this project a reality. I've also asked Pete Smith, by letter, to complete all the legal work necessary to kick off this project. A copy of that letter is attached for your review. Please proceed in as expedient a manner as possible and provide me a design and construction schedule at your earliest possible convenience. If you have any questions or comments, please don't hesitate to contact me. JW/kar kgeblw10,324 encl. TO: From: Subject: Date: 1994 Jim Witt, City Manager Frank Trando Water Line Assessment for East Beltline Road March 23, 1994 The City does have the authority under Chapter 402 of the local government code to assess for water improvement. This is similar to a paving assessment. It requires notice, a public hearing, evidence of special benefit to the properties, and an ordinance levying an assessment against each property that will be served by the wa~er line. The City would be required to finance the water line extension initially and recover a certain percentage (90%) from the abutting owners under the assessment ordinance. Chapter 402 states in part: The City must pass an ordinance or resolution that declares the need for the water improvements. If any part of the cost is to be paid by the benefitted property and its owners, the City must prepare an estimate of the cost of the water improvements. This estimate is prepared before the public hearing is held. The City should have a certified appraiser perform an appraisal on the abutting property to determine the enhanced value of the property. The City may not make an assessment against any benefitted property or the owners of the property in excess of the enhanced value of the property caused by the improvements as determined. The City shall deliver the notice required under Chapter 402 in writing by mailing the notice to the address of the owner of the property or to the person who last paid taxes on the property as determined by the municipal tax roll. The City must mail the notice before the 10th day before the date set for the hearing and must publish the notice at least three times in a newspaper of general circulation in the city in which the special assessment tax is to be imposed. The City shall publish the first notice before the 10th day before the date set for the hearing. The City. Council shall conduct the hearing. Each person who owns or claims benefitted property or an interest in that property is entitled to be heard on any matter to which a bearing is a constitutional prerequisite to the validity of an assessment authorized by Chapter 402. By ordinance, the City ~ay close the hearing and may levy the assessment for improvements before, during, or after the construction of those improvements. A person who owns or claims assessed property or an interest in that property may appeal the assessment based on the amount of the assessment; on any inaccuracy, irregularity, or insufficiency of the proceedings or contract relating to the assessment; or on anything that is not within the discretion of the governing body of the City; by bringing suit in a court of competent jurisdiction within 15 days after the date the assessment is levied. A claimant who does not bring suit within that time waives the right to contest any matter that might have been presented at the hearing and is barred and estopped from contesting the assessment or the proceedings and contract relating to the assessment in any manner. If the City Council proposes to assess any of the cost of improvements against the benefitted property as provided by Chapter 402, they may file a notice, signed on behalf of the City by the City Secretary, Mayor or other officer performing the duties of those officers, with the County Clerk of the county in which the property is located. The County Clerk with whom the notice is filed shall record.the notice in the records of mortgages or deeds of trust and shall index it in the name of the City. All property, including church and school property, is subject to a tax or assessment authorized for local improvements under Chapter 402. However, this chapter does not authorize the City to fix a lien against any interest in property that is exempt from the lien of a special assessment for local improvements under the constitution of this state at the time the lien takes effect. The City may not assess a special tax or assessment against a railway, street railway, or interurban right- of-way to defray a portion of the cost of the improvements to the municipal water system. In summary the City can recoup 90% of the cost associated with the extension of the water line so long as that does not exceed the enhanced value of the property. By the time you pay for an appraiser to appraise the properties, staff time to do the assessments, and the City Manager's time, it would be a question of will the City recoup these expenses as well as a portion of the cost'to extend the.water line. NOTICE REQUIREMENTS Generally describes the nature of the improvements for which the City proposes to make assessments and to which the notice relates. Describes the water system to be improved or the portions of that system to which the improvement relates. States the estimated amount per front foot proposed to be assessed against benefitted property or the owners of the property. Describes the property benefitted by each system or portion of a system with reference to which the required hearing is to be held. States the estimated total cost of the improvement on each system or portion of a system. States the time and place of the hearing.