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Development Guidelines & Improvement Standards
SECTION 10. LOCAL IMPROVEMENT DISTRICT PROCESS
10-3 Steps


The following steps will outline the procedure that will be followed after the petition has been accepted or the resolution has been passed.

1. The City Council will call for a public hearing and instruct the City Engineer to:
      A. Estimate the cost of the improvement.

      B. Prepare a drawing defining the boundaries of the LID.

      C. Determine the preliminary assessment (to be a viable project, the sum of the preliminary assessments cannot exceed the true value of the property to be assessed, plus one quarter of the value of the improvements located on that property).

2. The City Council will:
      A. Determine the assessment formula (rate per square foot, rate per front foot, zone and termini, etc.) which considers the benefit to each property.

      B. Direct Staff to mail to each affected property owner a notice of the date for public hearing and the amount of preliminary assessment, and advertise the notice in two consecutive issues of the newspaper at least fifteen days before the hearing.
3. The project is explained by Staff at the public hearing and testimony is heard by the Council. If a majority of the Council votes to accept the LID ordinance, Staff is directed to publish the ordinance.

4. Once published, a 30-day protest period begins (an improvement judged necessary for public health and safety may not be challenged but requires the unanimous vote of all Councilmembers present). Property owners that comprise sixty percent or more of the total preliminary assessments may stop the LID by filing a written protest with the City Clerk within the thirty day period.

5. The LID project surviving the protest period is:
      A. Designed by the City's Engineering Division.

      B. Advertised for competitive bidding. The construction contract is awarded to the lowest responsible bidder after Engineering Staff review. If final costs are projected to exceed the preliminary estimate by more than ten percent, the project is reconsidered.

      C. Finalized by compiling all costs associated with the project and preparing a final assessment roll. Costs will include administration, design, construction, appraisal services, right-of-way and interest on warrants issued by the City to provide payment for work in progress until bonds are sold.

6. The notice of the hearing on the final assessment is:
      A. Mailed to all property owners within the LID district at least 15 days before the hearing.

      B. Advertised five times in a daily newspaper or twice in a weekly publication at least 15 days before the hearing.

7. The City Council holds the assessment roll hearing. Modifications to the assessment roll may only be made at this time, unless a mistake or omission is discovered later. Once passed and published, appeals may only be directed to the Superior Court within ten days of the LID ordinance publication.

8. The City Clerk publishes notice of the assessment in the official newspaper once a week for two weeks and mails collection notices to all property owners. Interest-free payment may be made within 30 days of published notice (the prepayment period). Payment installments are due one year from the expiration date of the 30-day prepayment period.

9. Minimum time needed to complete a project utilizing the LID process is approximately 10 months from the time the petition is accepted and the resolution is adopted.
Revised: 01/01/1990

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