HomeMy WebLinkAbout2731 LID Assessment ChapterORDINANCE NO. ~/~/
AN ORDINANCE AMENDING THE LOCAL IMPROVEMENTS AND
SPECIAL ASSESSMENTS CHAPTER OF THE MUNICIPAL CODE TO
REVISE PROCESS WHEN ESTIMATED ASSESSMENT IS INCREASED,
OR WHEN PROJECT EXCEEDS ESTIMATED COST, BY MORE THAN
TEN PERCENT.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following paragraph is added to section 13.20.020
of the Ashland Municipal Code:
13.20.020 Initiation of Local Improvements. Whenever the
council in its discretion deems it necessary to make any
local improvement to be paid for in whole or in part by
special assessment, the council may declare its intention to
make the local improvement by adopting an improvement
resolution. The proposed local improvement may be initiated
by either of the following methods:
A. By the council, at its own initiative; or
B. By written petition requesting the local
improvement signed by more than 50 percent of the owners of
property that would benefit specially from the local
improvement.
Whenever all of the owners of any property to be benefited
and assessed for any local improvement have signed a
petition directed and presented to the council requesting
such local improvement, the council may initiate and
construct such local improvement without publishing or
mailing notice to the owners of the affected property and
without holding a public hearing regarding the proposed
local improvement.
SECTION 2. Section 13.20.050.D of the Ashland Municipal Code is
amended to read:
"Modifications. At the hearing, the council may direct any
modification of the improvement that it deems appropriate.
If the council modifies the scope of the improvement such
that the local improvement district would be enlarged, or,
if estimated assessments have been made by the time of the
hearing, the assessment is likely to be increased by more
than ten percent upon one or more lots, then a new
improvement resolution shall be adopted by the council, and
new notices mailed to all of the owners of properties
within the local improvement district. No new publication
regarding the amended improvement need be made."
PAGE 1-ANNOTATED ORDINANCE AMENDMENT (p:ord\ ....... udl.ord)
SECTION 3. Section 13.20.060.B of the Ashland Municipal Code is
amended to read:
"Determination of Assessment. The council shall determine
the amount of the estimated assessment to be charged against
each lot within the local improvement district according to
the special and peculiar benefits accruing to the lot from
the improvement, and shall spread the estimated assessments
accordingly. If the estimated cost, as ascertained under
the preceding paragraph, is more than ten percent above any
estimated total assessment for the project the council may
vote to discontinue the project or to find other sources of
funds so that the actual assessment does not exceed the
estimated assessment by more than ten percent. In
determining and spreading the assessment, the council may
use any just and reasonable method consistent with the
benefits derived by the various affected lots. If any
actual assessment to be levied on an individual lot exceeds
the original estimated assessment by more than ten percent,
the council shall review such increase at the public hearing
described in section 13.20.060.E."
The foregoing ordinance was first READ on the
March , 1994, and duly PASSED and ADOPTED this
~/~.~ , 1994.
Nan E. ~ranklin, City Recorder
15th day of
&~-7~ day of
SIGNED and APPROVED this
day of i~ ..... , 1994.
C
· Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-ANNOTATED ORDINANCE AMENDMENT