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Res 1656 4/22/1975RESOLUTION NO. /6 WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas, did, by resolution adopt a policy for assessments against the adjacent property owners for street improvement projects ; and, WHEREAS, experience has shown that minor revisions of this policy need to be made. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT the policy previously adopted be repealed and that the instrument attached hereto entitled "Policy for Assessments Against Adjacent Property Owners for Street Improvement Projects and Proce- dures and Responsibilities for Providing Street Improvement in the City of Wichita Falls" be and the same is hereby adopted as the policy governing such assessments and improvements , as included in the 1975 Assessment Paving Program. PASSED AND APPROVED this 22nd day of April , 1975. MAYOR ATTEST: J Clerk POLICIES OUTLINING RESPONSIBILITIES AND ASSESSMENT PROCEDURES AGAINST ABUTTING PROPERTY OWNERS FOR STREET IMPROVEMENTS IN THE CITY OF WICHITA FALLS SECTION I - DEFINITION OF TERMS For clarity and continuity the following terms shall be used throughout this policy in discussion of the amount of partici- pation which is recommended in regard to a certain type of property. A. NEW STREET CONSTRUCTION - Paving of a street which has not been previously paved with an acceptable paving standard and which does not have curb and gutter and is not to an approved alignment and grade. B. STREET RECONSTRUCTION - Widening or reconstruction of an existing street which is to grade and which does have curb and gutter. C. RESIDENTIAL PROPERTY - Property which is residential in use or character for one or two family residence. D. NON PROFIT PROPERTY - Property such as churches , schools, etc. , which are carried as exempt properties on City Tax rolls. E. COMMERCIAL PROPERTY - Any property being used for business purposes ,including apartment dwellings . F. S13E LOT EXPOSURE - Residential ro ert abutting twoPPY9 streets at their intersection with the longer street frontageg being defined as side lot exposure. G. BACK LOT - Residential lot abutting two streets but facing on the street not being improved. SECTION II - NEW STREET CONSTRUCTION 1 . The assessment for each abutting front foot of privately owned property, residential in usage, shall be as follows : a) Assessment cost for property with frontage on the pro- posed improvements be at a rate not to exceed $f75' per front foot. b) The assessment rate for property abutting the side of the street being improved shall be at a rate not to exceed $ 1p,pd per linear foot. c) The City shall pay for costs of improvements exceeding the assessed rate. The City will pay for any necessary storm drainage construction. The City will pay for any construction above a 30 foot street. If the street to be improved is less than 30 feet , then the assessment rate shall be based on actual cost up to the above rate. d) The actual costs as related in (a) and (b) shall be the costs for curb and gutter and pavement which are in accordance with the City's standards for residential construction. If a pavement requires additional depth or width the excess cost will be paid for by the City- at-large adjacent to residential property. 2. Residential Property shall receive the following considerations : a) Side lot credit shall not apply but to the first 150 feet of a lot with any additional depth being assessed the same rate as property fronting the street. b) For property which abuts the street being improved at the back of the lot , there shall be no assessment provided there is no access to the street being improved. If the property is of such a size that it can be replatted so that it will front the street being improved, this con- sideration shall not apply unless there are improvements located on the lot in such a way as to make replatting impossible. 3. The assessment for each abutting front foot of privately owned property commercial in usage shall be as follows : a) Actual cost for curb and gutter. b) Actual cost for pavement including both base and surface from the lip of gutter to the centerline of the street up to a 48 foot roadway. c) An additional ten per cent of items (a) and (b) shall be included in the assessment rate for engineering costs. d) The City-at-large shall pay for the cost of the roadway in excess of 48 feet and also for any widening due to channelization at intersections. e) If the street is widened beyond the width desired by the City, the property owners shall pay for the additional widening in addition to the basic assessment for street improvements. 2- 4. It is not intended that commercial property receive the considerations that are outlined for residential property with respect to side exposure or rear exposure unless the commercial property does not or cannot take access from the side or rear. Special consideration will be given commercial property with these conditions . 5. Deviations from Standard Policy. a) Any deviation from standard policy as stated herein and adopted by the City Council shall be called to the attention of the City Council prior to or during the assessment paving benefit hearing. SECTION III - STREET RECONSTRUCTION 1 . Where a street is to line and grade as determined by the City Engineer, and has been paved with an adequate base and surface, and has curb and gutter adjacent to all property, there will be no assessment for reconstruction. 2. If curb and gutter does not exist on all abutting property, it shall be necessary to have all curb and gutter constructed on an assessment or voluntary basis before the street will be considered for reconstruction by the City of Wichita Falls. SECTION IV - CONSTRUCTION OF STREETS FROM CAPITAL IMPROVEMENT BOND FUNDS 1 . Due to the necessity of constructing widened and improved roadways for the handling of traffic on major thoroughfares and arterial streets in areas not fully developed, and also in devel - oped areas where adequate width roadways were not originally con- structed, it is necessary to use Capital Improvement Bond Funds financed by tax revenue from the City-at-large to finance these projects. 2. Due to the unusually large amount of traffic handled by these major facilities , it is intended that assessment paving procedures as outlined in Section II regarding residential pro- perty be revised as follows : a) Assessed for curb and gutter b) An additional ten per cent of item (a) shall be included in the assessment rate for engineering costs. c) The City-at-large, from Capital Improvement Bond Funds , shall pay for the pavement adjacent to residential property. 3- SECTION V - CURB AND GUTTER AND SIDEWALK CONSTRUCTION ADJACENT TO PROPERTY BEING DEVELOPED 1 . On any street which is presently asphalt surfaced and on which there is no curb and gutter, it will be the responsibility of the property owner to construct curb and gutter and sidewalks to the proposed line and grade of the street's ultimate width as deter- mined by the Public Works Department. 2. On streets which have drainage ditches adjacent to property to be developed, the City will install any pipe which can be set to line and grade to be used ultimately as a portion of a storm sewer system. This installation will be limited to drainage ditches which require up to a 36 inch diameter pipe to handle the storm water. Any improvements requiring a larger pipe than this , or any ditch in which the pipe will only be a temporary expedient to a drainage problem, will be paid for and installed by the owner. 3. The area between any newly constructed curb and gutter and the existing paving will be paved by the property owner to the require- ments of standard street paving as approved by the City. This paving will include the cutting to a neat line the existing asphalt pavement to a point 2 feet beyond the edge of the pavement to pro- vide a neat joint. 4. Driveways will be constructed as approved by the Traffic Engin- eering Department and all construction shall be in accordance with the requirements as outlined by ordinances governing such con- struction. 5. Sidewalks shall be built to the line and grade as established by the Engineering Department and in conformance to the construc- tion requirements as established by the City. 6. On streets where a grade cannot be set which would be function- al , then these requirements may be waived by the Director of Public Works. 4-