2001-071-ORD DETERMINING NEED FOR SANITARY SEWER SYSTEM IMPROVEMENTS IN SPECIFIC SUBDIVISIONS

Home Browse Search

Section 9. That the City Council finds and determines, pursuant to Section 402.066 (c) of the Local Government Code, that the exclusive application ofthe frontage foot rule for determining the amount of assessment against each property would result in injustice and inequality as to a portion of the individual property owners, due to the distinct nature of the properties, the difference in location of said properties, the relative position of said properties to streets and roadways, the need to extend the necessary sewer laterals to great lengths beyond and away from the actual street surfaces; and the City Council hereby determines it would be fair and equitable to apportion those costs in the proportion it considers just and equitable, taking into account the special benefits in enhanced value to be received by the owners, and adjusting same as to produce a substantial equality of benefits received and burdens imposed, by assessing the cost for each individual property on the basis of the lesser amount, as determined by application ofthe frontage foot rule and/or the tributary area method on a per acreage basis, as said tributary area method is described in Exhibit A, attached hereto; the amount actually assessed to be the lesser of the two amounts so determined for each property utilizing the two assessment procedures. Section 10. That the amount of assessment for each property under this ordinance shall be and is hereby set out in Exhibit A, attached hereto and for all purposes incorporated herein, and said amount is hereby declared and ordered to be assessed against the individual properties and property owners described in Exhibit A hereto. Section 11. That the aforesaid assessment shall be due and payable in eighty-four (84) equal monthly payments due and payable as an additional charge to the water bill of each property served under the project, or individually billed by separate monthly statement at the City's choice, provided no monthly payment for said assessment shall be less than twenty-five dollars ($25.00), and provided further that if said payments shall be made on a timely basis, then no interest shall be assessed thereon. Section 12. That in order for such payment of said assessment to be timely made payment must be made in accordance with the requirements for timely payment of the accompanying water bill (or in the case of a prior disconnection ofthe water service thereto or otherwise at the City's choice, payment of a regular monthly statement forwarded to the property owner on the same basis as a monthly water bill), and in the event of a failure to make timely payment, then the City may assess interest in an amount not to exceed 10% per annum against any payment in arrears beginning ten (10) days after the payment is due. Such penalty and interest to be payable in addition to any and all other remedies under state law which the City may invoke as the result of non-payment of the aforesaid assessment. Section 13. That, in addition to imposing penalties and interest as provided herein, in the event that assessments are not timely paid, the City may pursue foreclosure of any lien claimed or filed against the property as provided herein or pursuant to state law; may pursue as a personal liability against the owner of said property at the time the assessment is made the cost of recovery of said assessment, by bringing an action in a court having lawful jurisdiction over such matters; may pursue sale of the assessed property in the manner provided by state law or the City Charter in the same manner as the City may sell property for municipal property taxes; or the City may refuse to connect or may disconnect water or sewer service to a parcel of benefitted property during the period