§ 31-4. Water and sewer improvements to be made prior to street paving.
(a)
No street shall be paved under the paving assessment program until it is first determined by the department of utilities as to the need for installation of water and sewer lines in that street, whether original or replacement, including service lines to the abutting properties, or in the case of existing lines which do not need replacement, as to the need for installation of service lines to abutting properties on any such street which is to be paved.
(b)
If the department of utilities determines that the installation of a water and or sewer main is required on such street, along with service lines, then a mandatory water and/or sewer assessment program shall be required for that street, under the provisions of chapter 402, subchapter D, section 402.061 et seq., V.T.C.A., and as set forth in subsection (d).
(c)
If the department of utilities determines that the installation of a water or sewer main is not required on such street, that is, it does not require an original or replacement water and/or sewer main, but that service lines are required to abutting properties, then a service charge shall be made for those abutting properties on such street which require installation of a service line, whether water or sewer or both, from the main to the property line, as set forth in subsection (e).
(d)
The following rules and procedures shall apply to such water and sewer assessments as made applicable by subsection (b). The city council shall determine the need for the improvements by ordinance, which ordinance:
(1)
Must state the general nature and extent of the improvements.
(2)
May direct that detailed plans, specifications and cost estimates for the improvements be prepared and submitted to the city council. The cost of the improvements will be assessed nine-tenths of the estimated cost of the improvements against the benefitted property and the owners of that property.
(3)
Provide the time, terms and conditions of payment and defaults of the assessments.
(4)
Prescribe for an interest rate of ten (10) percent a year.
(e)
The following rules and procedures shall apply to the service charges as made applicable in subsection (c):
(1)
a.
A service charge consistent with service charges provided is section 31-138.1.2 shall be made for the construction of a water service line (from water main to property line).
b.
At such time as the owner or occupant of the property to which the water service line has been connected applies for water service to the property, he shall pay such service charge as part of the connection fees owed for commencing utility service to the property.
(2)
a.
A service charge consistent with service fees provided in section 31-102 shall be made for the construction of a sewer service line (from sewer main to property line).
b.
At such time as the owner or occupant of the property to which the sewer service lines has been connected applies for water service to the property, he shall pay such service charge as part of the connection fees owed for commencing utility service to the property.
(f)
To effectuate the purpose of this section, the following policy is herein adopted:
(1)
When a project for paving a street or streets under the paving assessment program is planned, the status and/or condition of water and sewer lines in the project area shall be referred to the department of utilities.
(2)
The department of utilities shall examine into the starting condition and/or requirements as to water and sewer lines in the project area and shall make a report on same to the city manager and the city engineer.
(3)
If water and/or sewer improvements are found to be needed, then water and/or sewer assessments for the project area shall be initiated; and this may be done separately from or in conjunction with the project for paving assessments for the project area, as the city council determines.
(4)
In the event that a joint proceeding is decided upon, only one (1) hearing is required, and the procedure under chapter 402, subchapter D, section 402.061 et seq., V.T.C.A., shall apply.
(5)
If for all or part of a project area, that is, for all the streets or some of the streets in the project area, water and sewer assessments are not deemed necessary, but the construction of service lines is required from existing mains to adjoining properties, then such shall first be installed by the department of utilities, and the service charge(s) specified in section (c) shall apply. The installation of such service lines shall be done prior to the paving project's being instituted by way of paving assessments.
(6)
When the need for water and/or sewer assessments in a project area is determined upon, 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 (V.T.C.A., Local Government Code § 412.066).
(7)
Under the front-foot rule, the city council 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 program relating to that parcel if the improvements provide water or sewer service to the assessed parcel. The city council shall assess a corner lot based on the shorter side of the lot that abuts on a public street (V.T.C.A., Local Government Code § 412.066).
(8)
If in the opinion of the city council the application of the front-foot rule would result in injustice or inequality in particular cases, the city council shall apportion and assess those costs in the proportion it considers just and equitable, taking into account the special benefits in enhanced value to be received by those owners, and shall adjust the apportionment so as to produce a substantial equality of benefits received and burdens imposed.
(Ord. No. 89-184, §§ 1—6, 10-2-89; Ord. No. 2018-O-069 , § 1, 5-21-18)