Attachment A - Ordinance G-2620

Attachment A
orpInaNcE wo. _& 2626

AN ORDINANCE AMENDING CHAPTER 31 OF THE
PHOENIX CITY CODE BY ADDING A NEW ARTICLE
IX ENTITLED “STREET IMPROVEMENTS BEFORE
DEVELOPMENT"; PROVIDING FOR IMPROVEMENT
OF STREETS PRIOR TO DEVELOPMENT OF
ADJACENT PROPERTY; REQUIRING CITY COUNCIL
BEARINGS ON DETERMINATION OF NECESSITY
AND ASSESSMENT; PROVIDING ASSESSMENT
PROCEDURES; REQUIRING THE GIVING OF
NOTICE TO OWNERS OF ADJACENT PROPERTY;
PROVIDING FOR APPEAL: AND DECLARING AN
EMERGENCY .

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:

SECTION 1. That Chapter 31 of the Phoenix City Code is
amended by adding a new Article IX, to read as follows:

"SEC. 31-100 DEFINITIONS.

THE FOLLOWING DEFINITIONS SHALL APPLY IN THIS ARTICLE:

‘COST' MEANS THE ACTUAL COST OF:

(1) CONSTRUCTION OF THE PUBLIC STREET IMPROVEMENTS AS
DETERMINED BY THE CONSTRUCTION CONTRACT PRICE.

{2) INSPECTION AND PERMIT FEES.

{3} ENGINEERING FEES REQUIRED FOR THE PREPARATION OF
PLANS AND SPECIFICATIONS.

(4) OTHER INCIDENTAL FEES REQUIRED TO COMPLETE THE
IMPROVEMENTS.

‘CITY' MEANS CITY OF PHOENIX, A MUNICIPAL
CORPORATION.

‘COUNCIL' MEANS THE CITY COUNCIL OF THE CITY OF
PHOENTZ.

'DEVELOPMENT' INCLUDES CONSTRUCTION OF RESIDENTIAL,
COMMERCIAL, OR INDUSTRIAL BUILDINGS OR STRUCTURES OR
MAJOR ADDITIONS OR ALTERATIONS TO EXISTING STRUCTURES AND
INCLUDES NEW BUILDINGS OR STRUCTURES ON PROPERTY HAVING
EXISTING BUILDINGS OR STRUCTURES SITUATED ON SUCH
PROPERTY. WHEN SUCH PROPERTY IS ZONED FOR AGRICULTURAL
OR SINGLE FAMILY RESIDENTIAL USE AT THE TIME OF
ASSESSMENT, DEVELOPMENT SHALL ALSO REQUIRE A CHANGE OF
USE OR PURPOSE.

'PROPERTY OWNER' MEANS THE INDIVIDUAL, CORPORATION,
PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY THAT OWNS
PROPERTY ADJACENT TO THE STREET RIGHT-OF-WAY.

'RIGHT-OF-WAY' MEANS LAND WHICH BY DEED, CONVEYANCE,
AGREEMENT, EASEMENT, DEDICATION, USAGE OR PROCESS OF LAW
IS RESERVED FOR OR DEDICATED TO THE CENERAL PUBLIC FOR
STREET, HIGHWAY, ALLEY, PUBLIC UTILITY, PEDESTRIAN
WALEKHAY, BIKEWAY OR DRAINAGE PURPOSES.

‘STREET IMPROVEMENTS' INCLUDES BUT IS NOT LIMITED TO
ASPHALTIC CONCRETE SURFACING, AGGREGATE BASE, PORTLAND
CEMENT CONCRETE, CURB AND GUTTER, SIDEWALKS. VALLEY
GUTTERS, STORM DRAINAGE FACILITIES, AND IRRIGATION TILING.

pia se -

THE RIGHT-oOF-

OF ANY ROAD, STREET, HIGHWAY, ALLEY, LAND OR PEDESTRIAN
WALKWAY USED BY OR FOR THE GENERAL PUBLIC, WHETHER OR NOT
SAID ROAD, STREET, HIGHWAY, ALLEY, LAND OR PEDESTRIAN
RIGHT-OF-WAY HAS BEEN IMPROVED OR ACCEPTED FOR
MAINTENANCE BY THE CITY.

SEC. 31-101. STREET IMPROVEMENTS; ASSESSMENT POLICY

(a) THE COUNCIL MAY DETERMINE THAT CERTAIN STREETS
WITHIN THE CITY BE CONSTRUCTED OR IMPROVED PRIOR TO
DEVELCPMENT OF THE PROPERTY ADJACENT TO SAID STREETS.

(b) IF DEEMED NECESSARY BY THE COUNCIL, THE COUNCIL
BAY ORDER SAID STREETS CONSTRUCTED OR IMPROVED AT CITY
EXPENSE. SUCH EXPENSE SHALL BE ASSESSED AGAINST THE
ADJOINING PROPERTY SUBJECT TO THE FOLLOWING:

i. THE ASSESSMENT OF PROPERTY, IF ADJACENT
ARTERIAL STREETS ARE INVOLVED, SHALL NOY EXCEED THE cos?
OF IMPROVING MORE THAN ONE-HALF OF THE WIDTH NOR MORE
THAN ONE THOUSAND LINEAL FEET OF SUCH ADJACENT ARTERIAL
STREET.

2. ANY PARCEL OF LAND WHICH, AT THE TIME OF
ASSESSMENT, IS USED FOR SINGLE-FAMILY RESIDENTIAL USE AND
THE WIDTH CF WHICH DOES NOT EXCEED TWO HUNDRED LINEAL
FEET SHALL NOT BE ASSESSED GREATER THAN ONE-HALF THE
costs OF A RESIDENTIAL STREET.

3.
EXCEED THE A
OF CONSTRUCT

THE ASSESSMENT OF FROPERTY SHALL NOT
CTUAL COSTS INCURRED BY THE CITY AT THE TIME
Ion.

SEC. 31-102 STREET IMPROVEMENTS; ASSESSMENT PROCEDURE

(a) THE COUNCIL, AT A PUBLIC HEARING, SHALL
DETERMINE THE NECESSITY OF STREET IMPROVEMENTS IF THE
COST THEREOF IS TO BE ASSESSED AGAINST ADJACENT
PROPERTY. NOTICE OF SAID HEARING SBALL BE GIVEN To THRE
OWNERS, AND OTHER AFFECTED PERSONS WHO WOULD BE ASSESSED
FOR THE COSTS OF IMPROVEMENTS, BY REGULAR MAIL NO LESS
THAN TEN DAYS PRIOR TO THE DATE OF THE HEARING. ROTICE
OF HEARING SHALL CONTAIN:

1. A DESCRIPTION OF THE PROPOSED STREET
IMPROVEMENTS .

2. THE ESTIMATED COST OF ASSESSMENT FOR BACH
AFFECTED PARCEL OF PROPERTY.

(b} AT THE HEARING, THE COUNCIL'S DECISION ON
NECESSITY FOR STREET IMPROVEMENTS AND CONSTRUCTION SHALL
BE FINAL AND CONCLUSIVE, AND IF SUCH DECISION RESULTS IN
THE ASSESSMENT OF PROPERTY UNDER THIS SECTION, IT MAY RE
APPEALED TO SUPERIOR COURT BY ANY AGGRIEVED PARTY.

(c) IF DEEMED NECESSARY, THE COUNCIL MAY, BY
RESOLUTICN OF NECESSITY, ORDER THE PROPOSED STREET
IMPROVEMENTS, AND DIRECT THE CITY ENGINEER TO INVITE
SEALED BIDS FOR MAKING THE IMPROVEMENT.

Ordinance No.

(a) UPON COMPLETION OF THE IMPROVEMENTS, THE
COUNCIL SHALL BY RESOLUTION, AT A PURLIC HEARING,
DETERMINE THE COST OF THE IMPROVEMENTS AND ASSESS AGAINST
THE PROPERTIES ADJACENT TO THE STREET IMPROVEMENT THE
TOTAL AMOUNT OF THE COSTS AND EXPENSES OF THE WORK IN
ACCORDANCE WITH SEC. 21-101(b). NOTICE OF THIS PUBLIC
HEARING SHALL BE GIVEN TO THE PROPERTY OWNERS BY REGULAR
MAIN AT LEAST TEN DAYS PRIOR TO THE DATE OF THE HEARING.
THIS NOTICE SHALL CONTAIN:

i. A DESCRIPTION OF THE STREET IMPROVEMENTS ;

AND

2. THE AMOUNT OF THE PROPOSED ASSESSMENT FOR
EACH AFFECTED PARCEL OF PROPERTY.

THE PROPERTY OWNERS AND ANY OTHER PERSONS DIRECTLY
INTERESTED IN THE WORK OR IN THE ASSESSMENT, WHO HAVE ANY
OBJECTION TO THE LEGALITY OF THE ASSESSMENT OR TO ANY OF THE
PREVIOUS PROCEEDINGS CONNECTED THEREWITH oR WHO CLAIMS THAT THE
WORK HAS NOT BEEN PERFORMED ACCORDING TO THE CONTRACT, MAY, PRIOR
TO THE TIME FIXED FOR THE HEARING, FILE IN THE OFFICE OF THE CITy
CLERK A WRITTEN NOTICE BRIEFLY SPECIFYING THE GROUNDS FOR
OBJECTION. AT THE TIME FIKED FOR THE HEARING, OR AT ANY TIME
THEREATTER TO WHICH THE HEARING MAY BE POSTPONED, THE COUNCIL
SHALL HEAR AND RULE UPON THE OBJECTIONS. THE DECISION OF THE
COUNCIL SHALL BE FINAL AND CONCLUSIVE AS TO ALL ERRORS,
INFORMALITIES AND IRREGULARITIES WHICH TUE COUNCIL MIGHT HAVE
REMEDIED OR AVOIDED AT ANY TIME DURING THE PROGRESS OF THE
PROCEEDINGS .

THE COUNCIL'S RESOLUTION SHALL PROVIDE TUAT ANY
ASSESSMENTS REMAINING UNPAID SHALL BE PAID PRIOR TO THE
DEVELOPMENT OF THE ASSESSED PROPERTY.

(e} THE RESOLUTION DECLARING THE ASSESSMENTS AND
DESCRIBING THE PROPERTIES AGAINST WHICH THE ASSESSMENTS
ARE IMPOSED SHALL BE RECORDED IN THE OFFICE OF THE COUNTY
RECORDER. WHEN SO RECORDED. THE AMOUNT So ASSESSED SHALL
BE A LIEN UPON THE PROPERTIES ASSESSED FOR TEN YEARS
THEREAFTER OR UNTIL SUCH ASSESSMENTS ARE PAID AND SUCH
RECORDING SHALL BE NOTICE TO ALL PERSONS INTERESTED IN
THE CONTENTS OF THE RECORD.

(f} ANY ASSESSMENT MADE UNDER THIS SECTION SHALL

ABATE If THE PROPERTY HAS NOT BEEN DEVELOPED WITHIN TEN

YEARS OF THE ASSESSMENT.

(g) WHEN IT IS NECESSARY To IMPROVE A FULL STREET

AND SUFFICIENT RIGHT-OF-WAY IS NOT AVAILABLE, THE CITY

ENGINEER MAY OBTAIN THE RIGHT-OF-WAY UPON TERMS THAT ARE

JUST TO THE PROPERTY OWNER AND THE CITY, INCLUDING

ASSUMPTION BY THE CITY OF ALL OR PART OF THE COSTS OF

STREET IMPROVEMENTS. *

SECTION 2. WHEREAS, the immediate operation of ths
provisions of this Ordinance is necessary for the preservation of
the public peace, health, and safety. an EMERGENCY is hereby
declared to exist, and this Ordinance snall be in full force and
effect from and after its passage by the Council as required by
the City Charter, and is hereby exempted from the referendum

Clause of said Charter.

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Ordinance No.

PASSED by the Council of the City of Phoenix this _18

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ATTEST:

; jee a City Clerk
TO PORM:
a Z ACTING

ALA City Attorney

REVIEWED oe

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04/12/84

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Ordinance No. _& 282

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