13.17.040 Public hearing.
A. The Council shall schedule a public hearing within a reasonable time following receipt of the City Engineer’s report at which the Council shall consider the application, the City Engineer’s report and any testimony or evidence presented concerning the proposed Reimbursement District. The hearing shall be for informational purposes and any person may present testimony generally and ask questions regarding the proposed Reimbursement District. The Mayor may impose reasonable time limits on testimony.
B. The City Recorder shall cause notice of the public hearing to be mailed by regular mail at least 14 days prior to the date set for the hearing to the applicant and to all property owners within the proposed Reimbursement District as shown on the most recent assessment roll in the possession of the County Assessor’s office. Notice shall be deemed effective on the date of mailing. Failure to receive notice by the applicant or any affected property owner shall not invalidate or otherwise affect the formation of the Reimbursement District. The notice shall:
1. State that a Reimbursement District has been proposed that includes the property of the person receiving the notice;
2. Briefly describe the Reimbursement District, the type of public improvement to be reimbursed, the amount of the Reimbursement Charge, and the circumstances under which the charge must be paid;
3. Include a copy of the City Engineer’s report;
4. State that any person may appear and be heard; and
5. State the date, time and location of the hearing.
C. Following close of public testimony, the Council may request comments from staff and may direct questions to staff regarding the proposed Reimbursement District. The Council may, in its sole discretion, approve, reject or modify the proposed Reimbursement District as set forth in the City Engineer’s report. The final decision shall be made upon adoption of a formal written resolution. A resolution approving formation of a Reimbursement District shall incorporate the City Engineer’s report including modifications, if any, and shall address the following:
1. Whether the properties against which the Reimbursement Charge is proposed to be established are or will be specially benefited by the public improvement.
2. Whether the costs for which the Reimbursement Charge is sought are based upon improvement construction contract documents or other appropriate information provided by the applicant and the extent to which the costs exceed prevailing market rates for similar projects.
3. Whether the method of apportionment is reasonably calculated to reflect the special benefits each property received from the improvement.
4. Whether the annual percentage rate multiplier to be applied to the cost of construction reasonably reflects prevailing market rates. The date of the resolution forming the Reimbursement District shall be considered the date the District was formed.
D. When the applicant is other than the City, the resolution shall instruct the City Manager to enter into an agreement with the applicant pertaining to the Reimbursement District improvements. If the agreement is entered into prior to construction, the agreement shall be contingent upon the public improvements being accepted by the City. The agreement shall contain at least the following provisions:
1. The public improvement(s) shall meet all applicable city standards.
2. The total amount of potential reimbursement to the applicant.
3. The total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s).
4. The annual fee adjustment set by the Council, if any.
5. The applicant shall guarantee the public improvement(s) for a period of 12 months from the date of installation.
6. The applicant shall defend, indemnify, and hold harmless the City form any and all losses, claims, damage, judgments or other costs or expenses arising as a result of or related to the City’s establishment of the district, including the City’s costs or expenses related to collection of the Reimbursement Charges pursuant to this Chapter.
7. Any other provisions the Council determines necessary and proper to carry out the provisions of this Chapter.
E. Following adoption of the resolution establishing the Reimbursement District, the City Recorder may cause a copy of the resolution to be recorded in the County Assessor’s office to provide public notice of the Reimbursement Charge applicable to the properties within the Reimbursement District. The recording shall not create a lien. A copy of the resolution shall be sent by regular mail to the owners of the subject properties and to any other person who may have requested a copy. Failure of the City to record, send a copy of the resolution to a person or property owner, or failure of a person or property owner to receive the copy, shall not invalidate any proceeding in connection with the establishment of a Reimbursement District.
F. No legal action intended to challenge or contest the formation of the Reimbursement District or the methodology or amount of the Reimbursement Charge shall be filed after sixty (60) days following formation of the Reimbursement District pursuant to this section.