§ 38-58. Adoption of final assessment resolution.  


Latest version.
  • (a)

    At the time named in such notice, or to which an adjournment or continuance may be taken by the board, the board shall receive any written objections of interested persons and may then or at any subsequent meeting of the board adopt the final assessment resolution which shall:

    (1)

    Approve the aforementioned plans, specifications and cost estimates, with such amendments as it deems just and right;

    (2)

    Repeal or confirm the initial assessment resolution with such amendments, if any, as may be deemed appropriate by the board;

    (3)

    Establish the maximum assessment rate and set the initial rate of assessment;

    (4)

    Approve the assessment roll, including the method of assessment, with such amendments as it deems just and right;

    (5)

    For capital projects, establish the interest rate or the method of determining the rate of interest which the assessments shall bear, including the date from which such interest shall accrue, and the terms of prepayment, if any.

    (b)

    Assessments shall be levied against all property in the applicable benefit unit specially benefited by the project. The board shall not approve any assessment in excess of the special benefits to the property assessed, and the assessments so approved shall be in proportion to the special benefits. All objections to the final assessment resolution shall be made in writing, and filed with the clerk at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which assessments for essential services are imposed.

(Ord. No. 2004-04, § 4.07, 1-27-2004)