86-28 O - Street Reconstruction and Pro-Rate Ordinance ORDINANCE NO. leo -r, 8
AN ORDINANCE ESTABLISHING A PROGRAM FOR PRORATING THE COST OF
CONSTRUCTION OF NEW STREETS AND RECONSTRUCTING EXISTING SUBSTANDARD
STREETS WITHIN THE CITY LIMITS OF THE CITY OF PROSPER, TEXAS, AND
PROVIDING FOR THE ESTABLISHMENT OF A PRIORITY LIST; A SYSTEM FOR
PAYMENT OF ASSESSED COST FOR PROPERTY OWNERS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Prosper has determined a
need for the reconstruction of substandard city streets , and
WHEREAS, the City Council has determined it is necessary to establish
a system to assume the sharing of costs of new streets among those who
will be benefited, and
ilay WHEREAS, the City Council has determined a need for the establishment
of a priority list, and
WHEREAS, the City Council has determined a need to implement a system
for entering of a particular street into a reconstruction program or
establishing a street escrow account tor future reconstruction, and
providing for the prorate sharing of costs of new construction;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS:
NOW THEREFORE,
The City Council shall cause to be created and maintained ,
( 1) a priority list of streets within the city limits of the City of
Prosper , which will be reconstructed by the City , and ( 2) an indivi-
dual street escrow account to be used for future reconstruction.
SECTION I PLACEMENT UPON LIST
Recommendations for placement upon this list may be received in any
of the following ways:
1 . Request by private citizens ;
2. Petition by neighborhood groups ;
3. Request by affected land owner;
4. Request by public institutions;
5. Recommendation by city staff ;
6. Direct City Council in-put.
These recommendations shall be presented for consideration to the
City Council which shall vote first on the need of the particular
street named for reconstruction and second on the recommended priority
number of the street.
No
41160
SECTION II ESTABLISHMENT OF PRIORITIES
Priorities shall be established on the basis of:
1 . The streets in the poorest overall condition;
2. The amount of traffic which uses the street on a
regular basis;
3 . The number of property owners along the length
of the improvement who are willing , on a voluntary
basis to participate in the cost of the materials
necessary for the improvement.
SECTION III
No street shall be reconstructed without participation of the adja-
cent property owners. Adjacent property owners participation shall
be determined by multiplying their property frontage by one-half ( 1/2)
of the width of the proposed street involved using the city Thorough-
fare Plan. This cost allocation shall apply equally to both sides
of the road. The cost of such construction may or may not include
improvements to storm drainage, curb and gutter , etc . , depending
upon the desires of the adjacent property owners. The fee per
square foot of the reconstruction program shall be based on the
Prosper Fee Schedule Ordinance as the same may be amended from time
to time .
SECTION IV
Side property lines and rear property lines shall be calculated in
the same manner as previously described. No differentiation shall
be made between commercial and residential property or standard
residential streets , collector streets or thoroughfares. Corner
lots shall pay for a corner extending into the intersection equal
to the calculations used along the property line.
SECTION V
whenever , as a part of the development or redevelopment of any lot
or parcel located within the city limits of the City of Prosper,
Texas, a new street is required to be constructed under the terms
of the subdivision ordiance , the zoning ordinance or by direction
of the City Council then, providing that access is provided to all
abutting owners, the cost of such construction shall be shared amongst
all abutting owners who will be benefited by such construction. If
any new street is installed entirely at the expense of one abutting
property owner, such property owner shall have the right to request
the city, in writing , to assess the benefiting aubtting property
owners a pro-rata , share of the cost of constructing such street
determined in accordance with the ordinances set forth above. Such
assessment shall be collected by the city using any and all powers
or authorities to collect assessments the city may have , and upon
payment, shall be paid to the property owner constructing the
street in question. Notwithstanding the foregoing , there shall be
no liability upon the city for the collection of such funds on behalf
of private citizens.
Ifispe
SECTION VI
The city shall extend financing to adjacent property owners by
three (3 ) methods :
1 . Ninety (90) days, no interest;
2. One ( 1) year, or twelve ( 12 ) months , plus 10% simple interest ;
3. Two ( 2 ) years, or twenty-four ( 24) months , plus 15% simple
interest.
Prior t e issuance of a building permit, if additions, modifications ,
or alteration made to the property that abuts existing substandard
streets within the ci ' its, and said construction exceeds fifty
( 50) percent of the value of existing structures , then the street
reconstruction amount as determined evious sections of this
ordinance are to be paid to the city and t ced in escrow until
or street recons
EFFECTIVE DATE
This ordinance shall become effective immediately upon approval and
passage by the City Council of the City of Prosper and upon publication.
PASSED AND APPROVED this the day of , 1986.
MAYOR
ATTEST:
CITY SECRETARY