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CURRENT LA~S RESTRICTING A <br /> CITY COUNCIL'S' A~ILITY TO <br />IMPOSE SEWER A/CD WA?ER UTILITIES <br /> <br />William K. Goodrich, city Attorney <br /> <br />,I <br /> <br />Background: <br /> <br />At the Council meeting on June 16, 1998, staff was directed to <br />inventory the city Code of Ordinances and City Charter to determine <br />what regulations are currently in effect to protect residents from <br />being specially assessed and forced to connect to city (municipal <br />sewer and water utilities. In response to this directive the <br />followi.ng are the relevant constitution/charter/ordinance <br />provisions. <br /> <br />1. Fourteenth Amendment - U. B. Constitution. A special <br /> assessment which exceeds the special benefits to the property <br /> measured by the difference in market value before and after <br /> the improvements, is a' taking of property without fair <br /> compensation in violation of the Fourteeuth A/~endment to the <br /> U.S. Constitution. <br /> <br />2. Section n.4 of the city charter. This section relates to all <br /> city public improvement projects which are proposed to be <br /> assessed and provides the following citizen safeguards: <br /> <br /> a. 60 day waiting period between the public improvement <br /> hearing and the Souncil ordering an improvement. <br /> <br /> b. If the improvement was initiated by affected resident <br /> petition, those in opposition may also present a <br /> petition. If the opposition petition is presented within <br /> 30 days after the public hearing, and it contains at <br /> least the percentage of affected property o~ners who <br /> signed the initiation petition, the City Council may not <br /> oraer the improvement, UNLESS within the next 30 days a <br /> petition is presented signed by property owners in favor, <br />· .~,,._ which petition has a percentage of owners greater than <br /> '.:~ !~!..ii~ the opposition petition. <br /> <br /> ..;. 'L'. !.¢- If the local improvement is initiated by the City <br /> ?'~'?,-..~i~!i[~.i';.i~,~i-~. ¢.O~ncil, as oPPosed to a petition by residents', and if <br /> z :~;??~;~),i.?~.~...._....~ lthln 60 days o f the improvement publ lc hearing an <br /> '?-/~ii';~'~ii~'!~ii;,°_P%~°sition petition is presented signed by greater than <br /> .:,il;?~!i!.!,/.~:~.!-:~_.~ ~rcent of the owners proposed to be assessed, the <br /> -' ~'..~/'*~f!~i .~%~Y Council cannot make the improvement. <br /> <br />_~-3-:..:,.;3~:,.].- . <br /> <br /> II III <br /> <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />