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HomeMy WebLinkAboutOrdinance 1707 ORDINANCE NO. 1707 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING FOR A METHOD OF WATER AND SANITARY SEWER SYSTEM EXTENSIONS AND AN ASSESSMENT POLICY IN THE CITY OF NORTH RICHLAND HILLS; PROVIDING A TITLE; DECLARING PURPOSES; DEFINING TERMS; DESCRIBING DETERMINATION OF EXTENSION PROJECTS; ESTABLISHING AN ASSESSMENT POLICY; DESCRIBING PAYMENT PROCEDURES; REPEALING SECTION V OF ORDINANCE NO. 381; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION I. GENERAL A. TITLE This Ordinance shall be known as the "Water and Sanitary Sewer System Extension and Assessment Policy Ordinance" of the City of North Richland Hills. B. STATEMENT OF PURPOSE This Ordinance sets forth the requirements to be followed in extending public water and sanitary sewer lines to serve a single customer or groups of independent single customers. The requirements under this ordinance are specifically exclusive of extensions for residential subdivisions or commercial developments which are covered in Section VI of Ordinance No. 381. C. DEFINITIONS 1. "Benefitted property" means a lot or tract to which water or sewer service is made available under this ordinance. 2. "City" means City of North Richland Hills, Texas. 3. "Cost of improvement" includes construction expense, engineering expenses, fiscal fees, and other expenses incidental to the construction of improvements to the water system, sewer system, or both systems in addition to the other costs of the improvements including acquisition of right-of-way or easements. 4. "Lien" means the right to take and sell or hold the property of a debtor as security or payment for a debt. 5. "Sewer system improvements" means the laying of mains, laterals, and extensions and all appliances and necessary adjuncts required for the sanitary disposal of sewage from the area in which the improvements are made but does not include off-site mains, laterals, and extensions and appliances and adjuncts necessary to connect the improvements to the existing sewer system operated by the municipality. 1 Ordinance #1707 6. "Water system improvements" means the laying of a water main with gates, tees, crosses, taps, meter boxes, manholes, or extensions, and any other appurtenances required to furnish water for domestic or commercial purposes to the area in which the improvements are constructed but does not include any off-site appurtenances required to connect the improvements to the existing water system operated by the municipality. SECTION II. PROJECT DETERMINATION A. IMPROVEMENTS REQUESTED BY CUSTOMER(S) One potential customer or a group of single potential customers may request public water or sanitary sewer lines be extended to serve their property. Their request should be made in writing and addressed to the City Manager. A petition indicating 50% or more of the benefitted properties are in favor of the project should accompany the letter of request. The percentage will be based on accumulative linear foot frontage of properties in favor versus total frontage benefitted. The letter of request should also include the following items for each customer. 1 . Name 2. Address 3. Telephone number 4. Lot, block, and addition or if unplatted, tract designation per local tax maps, survey name, and abstract number. 5. Type and size of service requested. 6. Preference of service location as measured from property corner along frontage. Upon receipt of requests, the City Manager will have the Public Works/Utilities Department review the request. The Public Works/Utilities Department will prepare an estimate of cost for the water and/or the sanitary sewer line extensions. The estimate shall include construction costs and an allowance of ten (10%) percent of the construction cost estimate for administrative, field survey, and contingency costs. A plan layout of the requested improvements shall accompany the estimate and a list of the benefitted properties with their frontage lengths. The estimate and accompanying material shall be returned to the City Manager for presentation to the City Council. Depending on availability of funds, the Council will authorize or not authorize the City staff to proceed with the detail construction plans and assessment policy requirements. B. IMPROVEMENTS PROPOSED BY CITY STAFF The City staff can initiate projects to extend public water and/or sanitary sewer lines under the provisions of this Ordinance when the improvements will provide service to benefitted property and the improvements will enhance the public health and general welfare. The same requirements as stated in the preceding paragraph under this section will be adhered to. 2 Ordinance #1707 SECTION III. ASSESSMENT POLICY A. PERCENTAGE TO BE ASSESSED BENEFITTED PROPERTY The City Council will assess nine-tenths of the estimated cost of improvements against the benefitted property and the owners of that property. Any portion of the improvements which is in the "impact fee" calculations as providing for future development will not be included in the assessments against the benefitted property. B. APPORTIONMENT OF ASSESSMENTS The City shall separately compute the cost of the water or sewer improvements and shall apportion the part of the cost of those improvements that may be assessed against the benefitted property and the owners of the property, among the parcels of the benefitted property and the owners, in accordance with the front foot rule. Under the front foot rule, the City shall assess each parcel of benefitted property according to the number of lineal feet of the parcel that abuts on a public street, irrespective of the location of improvements constructed under this Ordinance relating to that parcel if the improvements provide water or sewer service to the assessed parcel. The governing body shall assess a corner lot based on the shorter side of the lot that abuts on a public street. C. PROCEDURE OF ASSESSMENT The procedure for legally assessing the benefitted properties shall be as described in the Texas Local Government Code Title 13. WATER AND UTILITIES, Subtitle A. Municipal Water and Utilities, Chapter 402, Subchapter D. Any subsequent revision to this law will be adhered to from its effective date forward. D. LIENS 1. Notice of Improvements If the City levies or assesses any of the cost of improvements against the benefitted property, the City will file a notice, signed on behalf of the City by the Mayor, with the county clerk of Tarrant County. The notice must substantially show that the City has determined by order, directive, or otherwise that water or sewer system improvements are necessary, identify the required improvements by location or otherwise, state that a portion of the cost of the improvements is to be or has been specifically assessed as a lien against the benefitted property, and describe that property. One notice may contain any number of systems or improvements. 3 Ordinance #1707 It is not necessary that a notice under this section give details or be sworn to or acknowledged. The City may file the notice at any time. 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 and in the name or other designation of the water or sewer system to which the notice relates. 2. Amount and Interest Rate An assessment against benefitted property under this section shall be a lien collectable with interest, cost of collection, and reasonable attorney's fees. The assessment is a first and prior lien on the assessed property and the lien takes effect on the date that a notice of proposed improvements is made as stated in the preceding Section II, D.1. The lien is superior to any other lien or claim except a state, county, school district, or municipal property tax lien. The assessment is a personal liability and charge against the owners of the assessed property on the date on which the lien takes effect, whether or not the owners are named in a notice, instrument, certificate, or ordinance. The City Council may prescribe an interest on the assessments not to exceed ten (10%) percent a year. The interest on the liens shall begin after the improvements are complete and functional and thirty days after invoices have been mailed to all benefitted property owners. SECTION IV. PAYMENT PROCEDURE A. LUMP SUM The assessed amount can be paid any time prior to thirty days after the invoices are mailed out without interest costs. After that time, a lump sum payment may be made and the payment will be applied first to any interest accumulation. B. FIVE PAYMENT PAYOUT PLAN Upon written request, the City will allow a benefitted property owner to divide his assessment into five equal payments which include the "remaining balance" interest at the rate prescribed by the City Council. The first payment to be made within sixty days of the date the invoice was mailed. The subsequent four payments shall be made annually on the anniversary date of the initial payment. C. NON-PAYMENT PROVISION If the assessments are not paid, the City will accumulate interest at the maximum rate by law. The lien on the property may be foreclosed upon non- payment, by action of the governing body of the City directing foreclosure. 4 Ordinance #1707 SECTION V. REPEALER That Section V of Ordinance No. 381 is hereby repealed as well as all other ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. SECTION VI. SEVERABILITY CLAUSE Should any portion or part of this Ordinance be held for any reason invalid on unenforceable , the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. SECTION VII. EFFECTIVE DATE That this ordinance shall become effective immediately from the date of passage and approval. PASSED AND APPROVED, this the 28th day of January, 1991. CITY OF NORTH RICHLAND HILLS ~~::-ø~ ATTEST: í1~ÞdJl't lJ¡;;tte Rewis, ./J . }f:f..u h--ð City Secretary 5