§ 19.80.010. Assessment authorized; determination of necessity of improvements.  


Latest version.
  • A.

    An LUC sewer assessment for the design, construction and acquisition of sanitary sewer improvements shall be levied upon properties connecting to those improvements and not previously assessed therefor upon the receipt of a petition under section 19.80.020.

    B.

    The improvements described in subsection A of this section shall be deemed necessary and of special benefit to the properties subject to assessment under this chapter only after the following procedure has been completed:

    1.

    When a private development extension agreement is initiated, the reimbursements for the benefited properties shall be calculated by the AWWU private development unit according to the developer's or his engineer's estimated costs.

    2.

    When written, the developer or his agent shall be informed by AWWU private development unit that the agreement is ready for review and signature.

    3.

    When signed, the AWWU private development unit shall notify the affected property owners by certified mail and advise them of the proposed development and estimated assessments due, should they request service, as benefitting properties. The notification shall include the time and date of an informational public meeting.

    4.

    After the informational public meeting, an assembly memorandum shall be prepared by the AWWU private development unit and scheduled before the assembly under the normal notice requirements. A public hearing shall be conducted by the assembly unless all affected property owners have submitted affidavits which state their non-opposition to approval of the assembly memorandum. The assembly may exclude from the assessment area those properties for which such exclusion would be appropriate.

    5.

    If the memorandum is approved by the assembly, construction plans shall be signed by AWWU engineering planning and the agreement sent to AWWU general manager for signature. A notice to proceed for construction of the project may then be issued.

    6.

    If the assembly does not approve the project, the developer will receive written notification from the AWWU private development unit specifying the reasons that the project was not approved, with an explanation of the reasons for denial.

(GAAB 11.20.010; AO No. 86-119, 10-30-86; AO No. 87-15)