3.08.020 District formation.
Procedures. However initiated, the procedures set out in this section shall apply to the formation of a local improvement district.
A. Form and Requirements.
1. The property owner petition shall be in a form prescribed by the city manager and shall include a description of the improvement sought by the petition.
2. The petition shall be signed by all the owners of a majority of the parcels in the district. A property owner may not withdraw his or her signature of approval for six months after the petition has been filed with the clerk unless authorized by the council.
3. On receipt of a petition proposing formation of a local improvement district, the manager shall submit the petition to the clerk for certification.
4. Once certified by the clerk, the clerk shall forward the petition to the manager for further action.
5. A petition found insufficient by the clerk shall be immediately returned to the petition sponsor by the manager.
B. City Manager Action. The city manager shall prepare a survey and report in the form of a resolution to the council concerning the need for and the estimated cost of the district. The report shall contain:
1. A plan defining the district, outlining the properties to be assessed and showing the desirable extent of the proposed improvement.
2. The number of parcels in the district and the following information for each parcel:
a. Front feet;
b. Square feet;
c. Square feet per 30-foot zone; and
d. Assessed value using the then most-current Matanuska-Susitna Borough assessed values (to include “work in progress” values) of land and improvements.
3. The district may be defined:
a. By a boundary description; or
b. By a designation of the properties to be assessed within the district by lot, block, and subdivision; or
c. If unsubdivided, by other appropriate designation, which designation may generally refer to streets, alleys, intersections and all other public properties and rights-of-way to be included within the district as “and included public streets, rights-of-way and properties.”
4. Upon receipt and consideration of the resolution, the council may propose the formation of a local improvement district with such boundaries, improvements, and assessment formula as the council determines appropriate.
C. Public Hearing. After the notices of the hearing required in PMC 3.08.085 are given, the council shall hold a public hearing on the resolution concerning the necessity for the proposed improvement. The city clerk shall fix the time and place of the public hearing, which may be continued from time to time as the council may decide. After the public hearing, the council may decrease the extent or value of the improvement, or may delete from the district properties not benefited in whole or in part by the improvement.
D. Property Owner Protest. If protests in writing as to the necessity of a local improvement are made by the owners of property who shall bear 50 percent or more of the estimated assessable cost of the improvement, the council shall not proceed with the improvement until the protests have been reduced to less than 50 percent, except upon the approval of at least five members of the council. Written protests shall be submitted to the city clerk by 5:00 p.m. on the day the council meets to consider the resolution.
E. Council Action. After the public hearing is closed, the council shall consider the resolution regarding the proposed improvement. The council resolution shall:
1. Find that the improvement is necessary and of benefit to the properties to be assessed. The findings of the council are conclusive.
2. Require an account to be kept of all costs of the improvement and direct the city manager to prepare the assessment roll.
3. Assess the authorized percentage or rate of the costs of the improvement against the properties within the district. (Ord. 09-010 § 3, 2009; Ord. 597 §§ 3, 4, 2002; Ord. 508 § 3, 1997; Ord. 196 § 3(a), 1976)