Regular City Council Meeting


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  Regular   4.b.       
Meeting Date: 09/27/2021  
TITLE:    Public Hearing & Resolution for Sidewalk Construction and/or Repair Assessments
PRESENTED BY: Jennifer Duray
Department: Public Works  

Staff recommends that the City Council conduct a public hearing and approve the resolution assessing sidewalk construction costs.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The ongoing Sidewalk Construction Program is generally for small sidewalk repairs and replacements that pose safety hazards to the public.  Article 13-1200, BMCC, allows for the City to invoice property owners for the total cost of sidewalk construction and/or repairs, including permits, and gives property owners sixty (60) days to pay the assessed amount in whole. If the charges are not paid within the given time, the City may impose the total amount due as a special assessment lien against the property. Interest will accrue at the percentage rate as determined by the most recent bond issue sold for the Annual Miscellaneous Sidewalk, Curb and Gutter Improvements program and will be assessed from sixty-one (61) days after the original invoice date until the time all assessed costs are received by the City. This interest rate is currently 3.5%.  The Sidewalk Hazard Repair Fund initially pays the costs and collected assessments will reimburse that fund.

Repairs were completed by the Public Works Department for properties identified in the ongoing Sidewalk Construction Program and are ready to be assessed per the attached resolution.  The attached list of properties had sidewalk construction and/or repairs completed in October 2020 and April 2021.
City Council may:
  • Approve the resolution to assess sidewalk repairs; or,
  • Not approve the resolution, in which case the property owners will not be assessed, and the Sidewalk Hazard Repair Fund (gas tax) will be responsible for paying all costs of construction and/or repairs.
Article 13-1207, BMCC provides property owners the option of being assessed for the sidewalk repairs in one-lump sum or being assessed over a period of 5 years.  Of the 11 property owners assessed in FY22, only one property owner has opted to be assessed over 5 years.  The FY22 assessments total $2,948.16 and the payments will reimburse the Sidewalk Hazard Repair Fund.



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