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Council reverses utility assessment for Tayberry Court homeowner after appeal
Summary
By a 9–1 vote, council approved an appeal reversing a wastewater assessment for a homeowner who had already paid for water connection during earlier phases of annexation; the council said the decision addresses an inequity in the timing and double charges for a single household.
Fayetteville City Council voted 9–1 on April 28 to honor an appeal and reverse a previously levied utility assessment for a property on Tayberry Court.
The homeowner had paid more than $3,000 in 2010 to obtain a City/Water authority connection for water service. Later, after annexation phases and a city–public utility cost-allocation agreement, the property was assessed a standard wastewater/access assessment; the homeowner appealed, arguing the city should take into account the prior water connection payment and not impose an additional assessment for sewer access.
Council discussion focused on fairness and precedent. Councilman Thompson urged relief for the property owner, noting the annexation program had stretched over many years and that some residents effectively paid twice for utility access. The city attorney and counsel for the water/sewer authority explained that assessments are a municipal action and that a uniform approach is required, but they also noted council has the authority to grant the appeal in individual cases. PwC counsel explained that the utility’s rate-making and assessment process must be applied consistently but that the city makes assessments under its annexation funding agreements.
Council member Thompson moved that council approve the appeal and remove the assessment for the property at 6920 Tayberry Court, with the city reversing the assessment so the property owner will not be billed for the wastewater assessment. The motion passed 9–1; Councilwoman Banks McLaughlin cast the lone dissenting vote.
The motion does not change assessment policy citywide; staff and the city attorney said the council’s vote remediates this individual case. Staff will advise on any administrative follow-up to refund or clear the assessment on the property’s account.
