3.02.510 Alternative method to cause and finance improvements.
A. Whenever a public hearing has been held for the purpose of forming a local improvement district and it is determined that the council has jurisdiction to form the district based upon state law, Charter and code provisions but chooses not to form the district for any reason deemed to be in the best interests of the City, public or district landowners, the council in addition to any other alternative may by resolution form a new district, which district need not be made up of contiguous properties, of those landowners in favor of the district or who have previously waived remonstrance. The assessment of such district shall be in accordance with current code provisions. Improvements made through the local improvement district may extend beyond the boundaries of the parcels within the district. Participation in the local improvement district will exempt the owner from further contribution to public improvements within the zone of benefit for improvements listed in the resolution declaring responsibilities for properties in the zone of benefit.
B. In addition to the formation of the district, the council by a resolution entitled “Resolution Declaring Responsibilities for Properties in the Zone of Benefit” shall:
1. establish a zone of benefit;
2. determine the minimum level of public improvements to be constructed and financed by those within the zone;
3. determine the current estimated cost of the public improvements;
4. spread the costs amongst the parcels within the zone upon a rational formula and exempt parcels for which no additional public improvements are or will be required;
5. establish a method to fix the costs over time;
6. determine alternative methods of contribution for those within the zone, if appropriate;
7. specify that obligations created by the resolution forming the zone of benefit are not a substitute for and do not release responsibilities for paying regularly required systems development taxes, connection charges, or permit fees nor does it affect, reduce or offset any other cost, obligation or requirement associated with development of property within the zone.
8. specify that the charge, participation or construction required by the terms of the resolution forming the zone of benefit is a precondition of receiving the first City permit applicable to any development within the zone;
9. set a date at which the obligation required of the resolution forming the zone of benefit ceases or if none is specified, it shall be perpetual.
10.
a. direct the city recorder to mail a copy of the resolution declaring responsibilities for properties in the zone of benefit to each affected landowner; and,
b. direct the city recorder to file a copy of the resolution declaring responsibilities for properties in the zone of benefit to the director of records and elections of Washington County; however, failure to file or mail the resolution shall not invalidate or affect any proceedings in connection with the local improvement district or zone of benefit and shall not impose any liability on the City or any official office or employee of the City. [Ordinance No. 3410, 9/24/84]