§ 5.35.110. Resolution to form the district and proceed with the improvement.

A.

When the borough clerk has determined that a petition bears sufficient signatures as described in KPB 5.35.107, the mayor or mayor's designee shall prepare for assembly consideration a resolution to form the special assessment district and proceed with the improvement. The mayor shall submit to the assembly with the resolution a copy of the petition as described in KPB 5.35.107(A).

B.

The assembly shall hold a public hearing on the resolution. The borough clerk shall give notice of the public hearing on the resolution:

1.

by certified mail, return receipt requested, mailed not less than 35 days before the date of the hearing, to each record owner of a parcel in the proposed district; and

2.

by publication once a week for two consecutive weeks in a newspaper of general circulation in the borough, with the first publication appearing not less than 30 days before the date of the hearing.

C.

Each notice of the public hearing shall include the following:

1.

a description of the special assessment district and the proposed improvement;

2.

the date of public hearing;

3.

the place for reviewing the estimated assessment roll; and

4.

the procedure for presenting objections to the formation of the district.

D.

Written objections to the necessity of formation of the district may be filed with the borough clerk for a period of 30 days after mailing the notice of the public hearing. If written objections to the necessity of formation of the district are filed by the owners of parcels bearing one-half or more of the estimated cost of the improvement, the assembly may not proceed with the improvement.

E.

After public hearing, the assembly may adopt the resolution to form the district and proceed with the improvement. If the assembly approves the district, the resolution shall:

1.

describe the improvement and its location;

2.

describe the parcels benefitted by the improvement;

3.

make a finding that the improvement is necessary and should be made;

4.

identify any parcels within the boundaries excluded from the district, which will not receive the benefit of the improvement and will not be subject to the assessment;

5.

if the mayor signed the petition on behalf of the borough, approve the mayor's action;

6.

approve the estimated cost of the improvement;

7.

include an estimated assessment roll showing the amount of the assessment against each parcel;

8.

authorize the mayor to proceed with the construction of the improvement;

9.

require the clerk to record in the district recorder's office a copy of the resolution to form the district and proceed with the improvement and the estimated assessment roll; and

10.

include notice that the property owner must pay off the remaining balance of any special assessments on property to be subdivided, or prepay estimated costs if the final assessment has not been determined, before a final plat may be signed and recorded pursuant to KPB 20.60.030.

F.

After passage of the resolution to form the district and proceed with the improvement, the improvement may be constructed by force account or by contract, or in any other manner provided by law.

(Ord. No. 2018-27 , § 3, 9-4-18; Ord. No. 2015-12 , § 1, 6-16-15; Ord. No. 2009-25, § 9, 5-19-09; Ord. No. 94-26, § 1(part), 1994; Ord. No. 92-16, § 1(part), 1992)