§ 5.35.105. Preparation and review of petition report.

A.

After the sponsor gives notice of intent to proceed with administrative review of the proposed USAD, the assessor or assessor's designee shall prepare a petition report for the mayor's approval. The petition report shall include the following information:

1.

a description of the proposed improvement;

2.

the total estimated cost of the improvement supported by a written statement from the utility constructing the improvement;

3.

a map showing the boundary of the proposed district;

4.

the estimated roll:

a.

the total estimated cost of the improvement;

b.

the name of the record owner of each parcel in the proposed district;

c.

the tax parcel number of each parcel in the proposed district;

d.

the legal description of each parcel in the proposed district;

e.

the assessed valuation of each parcel in the proposed district;

f.

an estimate of the amount to be assessed to each parcel in the proposed district;

g.

whether there are other special assessment liens against any of the parcels in the proposed district; and

h.

a description of any parcels that violate the restrictions listed in KPB 5.35.070(C) or (D);

5.

all written comments timely received per KPB 5.35.030(E)(5), including any objections from parcel owners regarding inclusion of their property in the proposed district;

6.

the method of proposed financing for the improvement; and

7.

the name, address and daytime telephone number of the sponsor.

B.

The mayor shall exclude from the proposed district any real property, or any interest in real property, that is not directly benefitted by the improvement. If a property owner claims the physical characteristics of his or her property make it legally impermissible, physically impossible, or financially infeasible to develop or improve it in a manner that would enable the property to benefit from the proposed improvement, the property owner has the burden of demonstrating that the property cannot be developed or improved.

1.

Factors that may allow a parcel to be excluded from the district include, but are not limited to, the utility company's inability to provide service to the parcel via main line, and plat restrictions on development.

2.

For the purposes of this section, "financially infeasible" means the cost to develop the property would exceed the increase in value due to development.

C.

The mayor will consider the petition report and make a final determination to approve the report or to require additional or amended information not less than 45 days and not more than 60 days from the date the assessing department mails notice to affected property owners under KPB 5.35.030(E) to allow for the comment period described in that section. In the case where the mayor determines the district boundary as proposed in the petition report is improper, the mayor may modify and resubmit the district boundaries to the utility company for further consideration. The sponsor shall provide written agreement of any changes to the boundaries, cost per parcel, or other project elements prior to the project proceeding.

(Ord. No. 2015-12 , § 1, 6-16-15; Ord. No. 2009-25, § 6, 5-19-09)