§ 19.10.020. Authorized improvements and services.


Latest version.
  • A.

    A special assessment district, including a business improvement district, may be initiated for public capital improvements or for public services as specifically defined by the ordinance creating the assessment district, as provided in this section.

    1.

    Public capital improvements. Assessment districts may be initiated for public capital improvements, including without limitation but by way of example, the following:

    a.

    Streets, roads, parkways, street lighting, curbs and gutters, driveways, curb cuts and sidewalks;

    b.

    Storm sewers or drains;

    c.

    Sanitary sewers;

    d.

    Parks, recreation areas and open space;

    e.

    Off-street parking facilities;

    f.

    Changes in channels of streams or watercourses;

    g.

    Bridges, culverts, bulkheads, embankments and dikes for streams or watercourses;

    h.

    Water supply systems including water mains, water connections and fire hydrants;

    i.

    Fallout or disaster shelters;

    j.

    Street, road, parkway and sidewalk drainage;

    k.

    Placing overhead utility distribution lines, as defined in section 19.60.010, underground;

    l.

    Natural gas lines; and

    m.

    The re-survey and re-platting of manifestly inaccurate surveys of record.

    n.

    Permanent landscaping and beautification.

    2.

    Public services. Assessment districts for public services may be initiated only for public services specified in this subsection A.2. only in the zoning districts designated by chapter 21.40 as "business" (B—), "industrial" (I—), "residential-office" (R-O), and "public lands and institutions" (PLI) and "planned community" ("PC") districts whose permitted and accessory uses are predominantly the same as those in the business, industrial, residential office or public lands and institutions zoning districts.

    a.

    Maintenance, repair and upkeep of any public capital improvement created by an assessment district;

    b.

    Maintenance, including snow removal/disposal and dust suppression, cleaning and beautification and decoration of public places, areas, facilities and rights-of-way such as:

    (1)

    Streets, roads, alleys, parkways, street lighting, curbs and gutters, driveways, curb cuts and parking areas and facilities;

    (2)

    Sidewalks, trails and other pedestrian ways and facilities;

    (3)

    Parks and recreational areas and facilities;

    c.

    Visitor and tourism public services;

    d.

    Security services not including law enforcement services;

    e.

    Promotion of public events within the assessment district and promotion of the assessment district itself as an area of enhanced public services.

    f.

    Other public services closely similar to those listed in subsections A.2.a. through A.2.e. of this subsection designed to promote the vitality, stability and improvement of the assessment district as a whole.

    B.

    Assessment districts for services shall provide an enhanced or supplemental public service or new public service not provided by the municipality generally. The establishment of an assessment district for services shall not operate unilaterally or by implication as a substitute for or to reduce or eliminate the nature or extent of services provided by other means.

    C.

    An assessment district for services is a geographical area designated by the municipality for the purpose of providing and financing special public services desired by property owners in the district which are not generally provided by the municipality or provided at a different level than generally provided by the municipality. Such assessment district is and shall remain a municipal mechanism for delivering special municipal government services and shall assess and collect assessments, provide or contract for providing services, authorize and disperse contract funds and payments and audit the performance of contracts and use of such municipal funds. The municipality may contract for services provided in a service assessment district subject to the following requirements in addition to other applicable provisions of this Code:

    1.

    All contracts for services shall specify a contract dollar amount for services to be provided.

    2.

    All contracts for services shall require and the contractor shall provide liability insurance and indemnification of the municipality insuring and indemnifying the municipality against any and all claims arising out of the selection of the contract and/or the contractor's performance of the contract. Such insurance and indemnification shall be in a form, amount and coverage satisfactory to the municipality.

    3.

    All contracts for services shall provide that the municipality may audit or cause an audit of the books, records and transactions of the contractor as to any use of contract funds.

    4.

    All physical assets acquired by a non-profit contractor providing services for a service assessment district with municipal contract funds or assets shall be held, maintained and delivered to possession of the municipality at the end of the contract as municipal assets. Such assets shall include all unencumbered cash or its equivalent including services, and other assets loaned or provided to the contractor by or through the municipality regardless of funding source.

(CAC 3.08.190; GAAB 11.05.010; AO No. 84-62; AO No. 88-80; AO No. 93-156, § 1, 11-9-93; AO No. 96-77(S-1), § 2, 6-11-96; AO No. 96-112, § 1, 7-30-96)