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HomeMy WebLinkAboutOrdinance 1715 ORDINANCE NO. 1715 WHEREAS, the City of North Richland Hills, recognizing that equity requires that abutting property owners to streets being improved must bear an equitable share of the costs involved in accordance with Texas Law, and subject to the limitation that no property will be assessed for more than the value added to said property, does hereby adopt the following general rules regarding street improvement assessments. They will be applicable to construction, reconstruction, and major maintenance projects where substantial improvement results and abutting property is increased in value. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Ordinance No. 1338 is repealed. GENERAL 2. All assessments will be developed and administered on a "front-foot" basis. Each individual property will be assessed on their total length of frontage times their appropriate front-foot assessment rate. The front-foot assessment rates are developed based on the total estimated construction cost divided by the total length of the street (including side streets); then multiplied by one-half; then multiplied by the participation percentages; and then multiplied by the appropriate front, side, or rear yard factor. ASSESSMENT CATEGORIES The type of land use of adjacent property is considered in calculation of the assessment rates. There are two assessment categories, RESIDENTIAL and NON-RESIDENTIAL. The RESIDENTIAL category includes properties with the following zoning classifications and meeting the noted restrictions: Zoning R-1 R-1-S R-2 R-3 R-6-T R-8 R-4-SD R-5-D AG Description Restrictions Single Family Single Family Single Family Single Family Townhouse Zero Lot Line Duplex Duplex Agriculture None None None None None None Owner-Occupied Owner-Occupied Owner-Occupied Ordinance #1715 Page 2 The NON-RESIDENTIAL category includes properties with the following zoning classifications and meeting the noted restrictions: Zoning R-4-SD R-5-D R-7-MF LR C-1 C-2 OC 1-1 1-2 U PD 0-1 AG Description Duplex Duplex Multi-Family Local Retail Commercial Commercial Outdoor Commercial Light Industrial Median Industrial School, Church, Institution Planned Development Office District Agriculture Restrictions Tenant-Occupied Tenant-Occupied None None None None None None None None None None Vacant or Tenant Occupied Assessments to adjacent property owners are adjusted based on the assessment category of the property. The following table shows the participation percentages applied to the front-foot costs based on the assessment category: Construction Item Residential Curb and Gutter Sidewalks Paving Drainage 60% 70% 25% 30% FRONT, SIDE, REAR YARD ASSESSMENTS Non-Residential 100% 70% 90% 50% The orientation of existing homes or primary structures relative to the centerline of the street is considered in the assessment calculations. The following factors are applied to the computed assessment rate per front foot for all adjacent properties for both RESIDENTIAL and NON-RESIDENTIAL categories. Curb & Property Description Gutter Sidewalk Paving Drainage Front Yard 1.00 1.00 1.00 1.00 Side Yard 0.50 0.50 0.50 0.50 Rear Yard 0.25 0.25 0.25 0.25 Ordinance #1715 Page 3 PETITIONED STREETS Any existing street in the City of North Richland Hills may be considered for improvements by the City Council. All currently unimproved streets which are upgraded to City Standards are subject to the provisions of the City's Street and Drainage Assessment Policies as outlined herein. Streets not currently being considered for improvements by the City Council, the Public Works Department or City staff, may be considered for improvements if 50-percent or more of the property owners adjacent to the street request improvements by Petition. If Council approves construction of the Petitioned street, then all adjacent property owners are subject to assessments based on the "Non-Residential" category rates as outlined above. ESTIMATED CONSTRUCTION COSTS AND ENHANCEMENT STUDY An assessment roll of all privately owned property adjacent to the proposed street and drainage improvements will be prepared by the City Engineer or Public Works Department staff. Assessment values will be computed based on the estimated construction cost of the street facilities times the appropriate percentage factors. An enhancement study will be prepared by an independent Certified Land Appraiser to determine the effect of the proposed improvements on adjacent land values. Assessments to adjacent property shall not exceed the enhanced value of the adjacent property after construction of the improvements in accordance with State law. The following construction items will be included in calculations of the assessment roll: Paving 1. Curb and Gutter per L.F. 2. Sidewalks per S.F. 3. Unclassified Street Excavation per C.Y. 4. Lime Stabilized Subgrade per S.Y. 5. Lime for Stabilized Subgrade per Ton 6. Prime Coat per S.Y. (Asphalt Street) 7. Tack Coat per S.Y. (Asphalt Street) 8. Type "A or B" H.M.A.C. Base Course per S.Y. (Asphalt Street) 9. Type "D" H.M.A.C. Surface Course per S.Y. (Asphalt Street) 10. Concrete Driveways per S.F. 11. Concrete Pavement per S.Y. (Concrete Street) Drainage 1. Storm Drain Pipe per L.F. 2. Junction Boxes per Each 3. Curb Inlets per Each Ordinance #1715 Page 4 Construction items not considered in the assessment calculations include concrete valley gutters; traffic buttons or striping; traffic signal lights; seeding, sodding, or other landscape improvements; concrete retaining walls or landscape timbers; cross-drainage such as box culverts or bridges; off-site storm drainage or concrete channels; and water or sewer utility adjustments. Drainage costs per front-foot will be computed based on the total estimated cost of the Drainage Construction Items listed above divided by the total length of the street (including side streets) and then multiplied by one-half. The assessable portion of this front-foot cost is computed based on the provisions previously outlined. Appropriate CREDITS are given to adjacent property owners for removal and replacement of existing concrete curb and gutter, concrete sidewalks, or concrete driveways depending on the condition of the existing facilities. Property owners will be required to pay lOa-percent of the cost of new concrete driveways if existing driveways are dirt, grass, crushed stone, gravel, asphalt, or other non-standard materials. The estimated construction costs computed for purposes of assessments shall include an allowance for Engineering, Layout, Inspection, Testing and the Appraisal Costs. In the absence of actual costs, an allowance of 10- percent of total construction cost for Engineering, Layout, Inspection and Testing will be used. An estimate of 2-percent of construction costs will be used for the Enhancement Study unless actual costs are available. 3. The percentage figures cited above are general in nature and the Council reserves the right to adjust the actual dollar amounts within the limits allowed by Texas Law from project to project in accordance with the relative value added to the assessed property. In the absence of substantial evidence to the contrary, the primary factor in determining the value added to abutting property will be the cost of the improvements. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this 25th day of March, 1991. ~~ST: // ~ÞJ .., ./¿L/>A ' ~ Janette Rewis, City Secretary APPROVED AS TO FORM AN LEGALI