Laserfiche WebLink
Ca.s i~ <br /> <br /> CUR/tENT LAWS RE~TRICTINS A <br /> CITY COUNCIL'S'A~ILITY TO <br />IMPOSE SEWER AND W~..TER UTILITIES <br /> <br />Bt: William K. Goodrich,.City Attorne~ <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 />following are the relevant constitution/charter/ordinance <br />provisions. <br /> <br /> 1. Fourteenth Amendment - U. S. 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 />' J the improvements, is a' taking of property without fair <br />!_~ compensation in violation of the Fourteenth Amendment to the <br /> U.S. Constitution. <br /> <br /> 2. section 8.4 of the citl Charter. This section relates to all <br /> city public improvement projects which are proposed to be <br /> I assessed and provides the following citizen safeguards: <br /> <br /> a. 60 day waiting period between the public improvement <br /> hearing and the Council ordering an improvement. <br /> b. If the improvement was initiated by affected resident <br /> petition, those in opposition. , may. also present a <br /> I petition. If the opposition petition is presented within <br /> 30 days after the public hearing, and it contains at <br /> least the pe.rcentage of affected property owners who <br /> · signed the initiation petition, .the City Council may not <br /> order 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 /> '. i..~;' .~.~ ... the opposition petition. <br /> <br /> ?{i'.':~i!':"i~,/~:~?-.'.[/-I_f t~.e local improvement is initiated by the City <br /> '~%~'~'~i~.~';>!~;~{.;~' ~o~u~.Cll, as opposed to a petition by residents', and if <br /> 7..'"?:':!:':??!~!.~.~o~_l~n~.60 days of the improvement public hearing an <br /> '.~ :'t~'..":%';y!~;'-~uz=lon petition is presented signed by greater than <br /> ...:...;:%'~!;.j.';~-!.;i..:?_,0 Percent of the owners proposed to be assessed the <br /> ;' '.'. '..' ~.':{/%J'~J.k?..V ~,-,,,.,,_:., -- ' <br /> ... - :.,. (~.:_.%.~,~-.,~.;), ,.',' ~-~,~ c.. .L. jUk.,.L. ~..)VC:.~UC:;. i t.. <br /> .'.-. ~=p,.~.%-.~'-~,.:..;'.: ·: . <br /> -,...-.,;. ,-~,-- .~W~,.~_~ , ~.~)~ <br /> <br /> o7=1'3 <br /> <br /> <br />