(a) 
The purpose of this policy is to establish guidelines for assessment paving and associated cost distribution for existing street improvement projects when petitioned by adjoining property owners as set forth herein. The adjoining properties to the street must bear an equitable share of the total project cost in accordance with Texas law. When value has been added to the adjoining property an equitable assessment should be made to each property on both sides of the improvement.
(b) 
(1) 
Unless determined to be inequitable, all assessments will be developed and administered on a linear foot basis. The front-foot assessment rates are developed based on the total estimated applicable cost. The items that may be considered as construction costs are:
a. 
Drainage improvements;
b. 
Preparation of roadway bore and all asphalt or concrete materials necessary to meet the city's building standards for the type of street required;
c. 
Curbing, gutter, inlets and other drainage structures; and
d. 
Sidewalks or pedestrian paths.
(2) 
The total assessment to be made to a particular property owner, is the estimated project cost divided by the total length of the street (including improvements to side streets and/or intersections) then multiplied by the participation percentages; and then multiplied by one-half; then multiplied by the linear feet of property to be assessed.
Example: Length of street, 3,200 feet, Cost of project improvements $200,000. Front yard linear feet for Lot A equals 80 feet.
$200,000.00 ÷ 3,200 x 60% x 50% x 80 feet = $1,350.00
(3) 
The provisions of this article apply only to streets petitioned for improvements by the adjoining property owners. Nothing herein shall limit or prohibit the authority of the city, through the powers granted to the city council, to make improvements to streets without receipt of a requesting petition by the adjoining property owners, and to make assessments for such improvements in accordance with Texas state law.
(Ordinance 1112, § 1, 3-9-99; Ordinance 1126, § 1, 8-24-99)
The type of land use of adjacent property is considered in calculation of the assessment rates. There are two assessment categories, residential and nonresidential. The residential categories include properties with the following zoning categories:
Zoning
Description
R-1
1st Single-Family
R-2
2nd Single-Family
R-2B
Zero Lot Line Single-Family
R-2M
Mobile Home
R-3
Duplex
The nonresidential category includes properties with the following zoning classifications:
Zoning
Description
R-4
1st Multifamily
R-5
2nd Multifamily
R-6
Hotel/Motel District
R-7
Residential/Office
B-1
General Business
B-2
Central Business
I-1
Light Industrial
I-2
Heavy Industrial
P.U.D.
Planned Unit Development
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
(1) Residential
Nonresidential
Curb and Gutter
30/40/30*
50/50**
Sidewalks/Pedestrian
 
 
Path
30/40/30*
50/50
Paving
30/40/30*
50/50
Drainage
30/40/30*
50/50
*Middle percentage is the city's participation (30/40/30) 40 percent equals city's share.
** The city does not participate in nonresidential category.
(1)
City maximum participation will be 40 percent to include the state mandated 10 percent on value added.
(Ordinance 1112, § 1, 3-9-99)
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 nonresidential categories:
Property Description
Curb & Gutter %
(1)Sidewalks %
Paving %
Drainage %
Front Yard
30/40/30*
30/40/30*
30/40/30*
30/40/30*
Side Yard
23/54/23*
23/54/23*
23/54/23*
23/54/23*
Rear Yard
2.5/75/12.5
2.5/75/12.5
2.5/75/12.5
2.5/75/12.5
*Middle percentage is the city's participation.
(1)
Assessments on sidewalks assume there will be a sidewalk on each side of the street. No assessment for single sidewalk on one side of street.
(Ordinance 1112, § 1, 3-9-99)
Lots with non-typical front footage will be on a case by case basis. The assessment will be minimum of the average front footage of lots within the project. (An example is a lot within a cul-de-sac.) The city's participation in driveway approaches shall be a maximum width of 24 feet on existing driveways per property. The drive approach shall extend from front of curb to ten feet past the back of the curb. The drive approach will be standard concrete. The cost for over sizing above the standard drive approach of 24 feet will be the responsibility of the homeowner with no participation by the city.
(Ordinance 1112, § 1, 3-9-99)
Any existing street in the city may be considered for improvements by the city council. All currently unimproved streets, which are upgraded to city standards, are subject to the provisions outlined herein. Streets not currently being considered for improvements by the city council in the capital improvement plan may be considered for improvements if 65 percent or more of the parcels or lots adjacent to the street, request improvements by petition. If city council approves construction of the petitioned street, then all adjacent owners are subject to assessments based on the category rates as outlined above. (See Exhibit A)
The city shall have a one-year period, after validation of petition, to consider design and start construction.
(Ordinance 1112, § 1, 3-9-99)
An assessment roll of all privately owned property adjacent to the proposed street and related improvements will be prepared by the city engineer and public works department. Assessment values will be computed based on the estimated construction cost of the street facilities times the appropriate percentage factor.
An enhancement study will be prepared by an independent certified land appraiser to determine the effect of the proposed improvements to the value of the adjoining properties. Assessments to the adjoining property shall not exceed the enhanced value of the adjacent property after construction of the improvements in accordance with state law.
Construction items not considered in the assessment calculations include 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 and sewer adjustments that are not necessary in conjunction with street improvements. The determination of necessary utility improvements shall be the responsibility of the city engineer and director of public works.
The percentage figures cited above are general in nature and the city 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 would be the cost of the improvements.
The estimated construction costs computed for purposes of assessments shall include an allowance for engineering design, survey work, inspection, testing and appraisal costs and legal fees. In the absence of actual costs, an allowance of ten percent of total construction costs for engineering, layout, inspection, and testing will be used. An estimate of two percent of construction costs will be used for the enhancement study unless actual costs are available.
In the event liquidated damages are received, they will be divided in the same manner as the assessment in section 86-117 or section 86-118.
(Ordinance 1112, § 1, 3-9-99; Ordinance 1187, § 1, 7-24-2001)
The city will participate in assessments with property owners for a maximum of $200,000.00 per fiscal year as the city's share of the total assessment program.
(Ordinance 1112, § 1, 3-9-99)
The entirety of a parcel of real property is subject to the assessment after the date on which notice has been mailed to property owners. An assessment is imposed by the City of Rockport ordinance.
The assessment imposed is superior to any other lien or claim except ad valorem taxes.
The following provisions are to be set out on a project by project basis by the city council:
(1) 
Payment in full of the assessment amount per parcel upon notification by the city that the project is complete; or
(2) 
The property owner may request a pay-out schedule of principal and interest payable in not less than five equal annual installments and not greater than seven equal annual installments.
(3) 
The prescribed rate of interest to be paid on the assessment shall not exceed the greater of eight percent a year or the rate payable by the municipality on its most recently issued general obligation bonds, determined as of the date of the notice of hearing on assessment.
(4) 
City council shall at their discretion be allowed to grant monthly installments and shall have the option to extend payment period up to seven years maximum.
(Ordinance 1112, § 1, 3-9-99)