Skip to main content
Loading…
This section is included in your selections.

(A) After the determination of the Director of Community Development or his/her designee that public health, safety and welfare requires the construction of special public improvements prior to the development of the adjacent or nearby property but for which the adjacent or nearby property will be specially benefited, a resolution of intention to approve the special public improvements shall be submitted to the City Council. The resolution shall include supporting materials which explain the methodology used for determining which property was benefited and the amount or extent of the benefit of the special public improvements to those designated benefitted properties.

(B) Prior to acting on the resolution of intention to order the special public improvements, the City Council shall hold a public hearing. The public hearing shall be for the purpose of receiving comment on whether the proposed special public improvements are required for the public health, safety, welfare and convenience. Those owners of real property within the area subject to reimbursement for special public improvements shall receive notice in writing of the public hearing and any continued public hearing not less than 30 days prior to the public hearing or continued public hearing. Any notice shall include a copy of any supporting materials which explain the methodology used by the engineering department for determining which property was benefitted and the cost or extent of the special public improvement to the benefitted property. The party requesting the agreement shall pay the cost of providing the information.

(C) After the public hearing is concluded, the City Council shall determine whether the public health, safety and welfare require the special public improvements. If the City Council so determines, then the City Council shall adopt the resolution of intention to approve the special public improvement. The determination shall include a statement that the owners of specially benefited property from the improvements shall be required to reimburse the City for the benefit received from the special public improvement.

(D) The resolution of intention to order the special public improvement shall contain:

(1) A description of the special public improvement.

(2) A description of the estimated total cost of the special public improvement.

(3) A general description of the estimated total cost and cost per frontage foot or cost per acre of the proposed special public improvement.

(4) A description of the special public improvement project area and a map and list of all owners of real property who will be receiving a special benefit from the construction of the special public improvement.

(5) A determination of that portion of the special public improvement which is for general obligation bonds, special assessments or improvement which is for general public benefit and that portion which is for special benefit of the owners.

(6) A preliminary estimate of the portion of the special public improvement which will be financed with general obligation bonds, special assessments, a community facilities district, or improvement district assessments and the portion which will be financed with reimbursements for special public improvements.

(E) The City Council’s decision on necessity for special public improvements shall be final and conclusive. (Ord. 03-853, passed 8-11-2003; Am. Ord. 04-903, passed 6-14-2004; Am. Ord. 05-965, passed 9-12-2005)