2025-0425 - City Code Section 20-13 redline.pdf

SecƟon 20-13 Scalloped-- Street AssessmentsImprovements Costs Before Development 
 
Where the City Council has determined during the iniƟal Capital Improvement Program (CIP) adopƟon or scoping 
phase that certain streets within the City shall be constructed or improved prior to development of the property 
adjacent to such streets, the Council may order such streets to be constructed or improved at the City's iniƟal 
expense. Such expense shall be assessed againstapporƟoned among and levied as assessments upon the adjoining 
propertyproperƟes, subject to the following: 
The 
A. Any assessment oflevied on property, if adjacent arterial streets are involved, shall not exceed the cost of 
improving more than one-half (½)(1/2) of the width (as depictedset forth in the latest version of the City's 
Engineering Design Standards) nor more than one thousand (1,000) lineal feet of such adjacent arterial 
street. 
 
B. At Any parcel of land which at the Ɵme of assessment is , any benefiƟng parcel that is (i) being used for 
single- family residenƟal use, and the width of which(ii) does not exceed two hundred (200) lineal feet in 
width, shall not be assessed greater than one-half (½)(1/2) the costscost of a localthe average residenƟal 
street. 
The 
C. 
No assessment of property shall not exceed the actual costsproject expenditures incurred by the 
City at the Ɵme of construcƟon. Actual project expenditures (qualifying  
SecƟon 20-13-1 Hearing Procedure; DeterminaƟon of Necessity 
A.C. The City Council, at a public hearing, shall determine the necessity of street improvements if the cost 
thereof is to be assessed against adjacent property. NoƟce of the hearing shall be given to the property 
owners, and other affected persons, who would be assessed for the costs of improvements, by regular 
mail no less than ten (10) days prior to the date of the hearing. An affidavit of mailing of such noƟce shall 
be filed in the office of the City Clerk. The noƟce of hearing shall contain) shall include the following: 
1. The name, address, and tax parcel numberDesign 
1.2. AcquisiƟon of eachreal property owner.for right-of-way 
3. A descripƟonEngineering 
4. ConstrucƟon 
5. TesƟng 
6. InspecƟon 
7. AdministraƟve charges 
8. UƟlity relocaƟon including Ɵling of the proposedirrigaƟon ditches and storm drainage faciliƟes 
9. DecoraƟve elements 
10. Permanent street infrastructure, including:  
a. Curbs, 
b. GuƩers, 
c. Sidewalks, 
d. Cement or asphalƟc pavement, 
e. Tree removals, 
f. 
Ditch removals, 
g. Catch basins and retenƟons basins, 
h. IrrigaƟon piping and structures, 
i. 
Streetlights, 
j. 
Traffic-control devices, 
k. Striping, 
l. 
Landscaping, 
m. IntersecƟon construcƟon, 
n. Miscellaneous removals, 
o. Any other elements as set forth in the City’s Engineering Design Standards.

2. 
Temporary improvements. 
3. 
The esƟmated cost of assessment for each affected parcel of property. 
4. 
The date, Ɵme and place that the City Council shall consider the necessity of improvement and possible 
adopƟon of a resoluƟon of intenƟon. shall not 
D. NoƟce shall also be published in a daily newspaperincluded in calculaƟng actual project expenditures. 
 
SecƟon 20-13-1 five (5) successive issues-- DeterminaƟon of Necessity and, in addition, Initiation 
Procedure 
 
A. DeterminaƟon of Necessity.  A DeterminaƟon of Necessity shall be submiƩed to the City Council during 
the early design or capital planning phase, when sufficient informaƟon exists to demonstrate: 
 
1. IdenƟficaƟon of benefiƫng parcels, 
2. A map of the improvement area, 
3. A preliminary esƟmate of project expenditures, and 
4. jusƟficaƟon of the project expenditures based on public health, safety, or welfare. 
 
B. NoƟce of Hearing. The City Council shall also be conspicuously posted alonghold a public hearing on the 
lineDeterminaƟon of the proposed improvement atNecessity.  At least ten (10twenty (20) days prior to 
the hearing on necessity of the improvements.public hearing, the City shall mail wriƩen noƟce to the  
owners of the benefiƫng parcels, as shown in the records of the Maricopa County Assessor (County 
Assessor records).  The public hearing noƟce shall include: 
 
1. Vicinity map of the benefiƟng parcels and street improvement project area, 
2. DescripƟon of the proposed street improvement project, 
3. JusƟficaƟon of the proposed street improvement project, 
4. Preliminary esƟmate of the project expenditures, 
5. Date, Ɵme, and locaƟon of the public hearing, and 
6. InstrucƟons for submiƫng wriƩen objecƟons prior to the public hearing. 
 
C. NoƟce The propertyof Public Hearing.  The public hearing noƟce shall be sent by (i) first class mail and (ii) 
cerƟfied mail or a recognized overnight delivery service. An affidavit of mailing such noƟce shall be filed 
in the office of the City Clerk. 
 
B. 
ObjecƟons. Property owners and any other persons directly interested in the work or in the 
assessment may, prior to the Ɵme fixed for the hearing, file in the office of wriƩen objecƟons with the 
City Clerk a wriƩen objecƟon, briefly specifying the grounds for objecƟon.prior to the DeterminaƟon of 
Necessity 
C. 
At the Ɵme of public hearing, the City Council shall hear and pass upon any objecƟons to the 
proposed improvements, and its decision shall be final and conclusive. It may modify the 
extent of the proposed improvements and proceed without the necessity for republishing, 
reposƟng and remailing new noƟces. 
D. 
At the conclusion of the hearing, the City Council may pass its resoluƟon of intenƟon direcƟng 
that plans, specificaƟons and esƟmates of the cost and expenses of the proposed improvements 
be prepared by the Department and filed with the Clerk and order that a call for sealed bids be 
made.

SecƟon 20-13-2 Assessments 
Upon compleƟon of the improvements, the Council shall by resoluƟon, at a public hearing, determine the cost of 
the improvements and assess against the properƟes adjacent to the street improvement the total amount of the 
costs and expenses of the work. NoƟce of this public hearing shall be given to the property owner, and other 
affected persons who would be assessed for the costs of improvements, by regular mail at least ten (l0) days 
prior to the date of the hearing. This noƟce shall contain:. The City Council shall consider  
1. 
The name, address, and tax parcel number of each property owner. 
2. 
A descripƟon of the street improvements. 
3. 
The amount of the assessment for each affected parcel of property. 
A.D. The property owners and any other persons directly interested in the work or in the assessment who have 
any objecƟon to the legality of the assessment or to any of the previous proceedings connected therewith 
or who claim that the work has not been performed according to the contract may, prior to the Ɵme fixed 
for the hearing, file in the office of the City Clerk a wriƩen noƟce briefly specifying the grounds for 
objecƟon. At the Ɵme fixed for the hearing, or at any Ɵme thereaŌer to which the hearing may be 
postponed, the City Council shall hear and rule upon the objecƟons. The decision of the City Council shall 
be final and conclusive as to all errors, informaliƟes and irregulariƟes which the City Council might have 
remedied or avoided at any Ɵme during the progress of the proceedings. If the City Council determines 
that an objecƟon should be granted, the City Engineer or designee shall reissue the noƟce of assessment. 
If the City Council determines that theƟmely objecƟons shall be overruled, the City Council shall adopt a 
resoluƟon overruling all objecƟons and confirming the assessmentsduring the public hearing. 
B. 
The Council's resoluƟon shall provide that any assessments remaining unpaid shall be paid 
prior to or at the Ɵme of the development of the assessed property as set forth in 20-3-4. 
 
E. ResoluƟon of Intent. Upon approval of the DeterminaƟon of Necessity, the City Council shall adopt a 
ResoluƟon of Intent to proceed with the design and procurement process for the street improvement 
project including qualifying improvements. 
SecƟon 20-13-2 -- Assessments 
 
A. NoƟce of Proposed Assessment.  Upon compleƟon of the street improvement project, the City Council 
shall, by resoluƟon at a public meeƟng, determine the actual project expenditures for qualifying 
improvements and adopt final assessments against benefiƟng properƟes, consistent with the 
DeterminaƟon of Necessity and ResoluƟon of Intent. At least twenty (20) days prior to the public meeƟng, 
wriƩen noƟce shall be sent to the owners of all benefiƩed parcels.  The noƟce to owners shall be sent by 
(i) first class mail and (ii) cerƟfied mail or a recognized overnight delivery service , and include the following 
informaƟon: 
 
1. Parcel informaƟon (name of each property owner, each County tax parcel number, and any 
reputed street address, as shown in the County Assessor records), 
2. DescripƟon of qualifying improvements, and 
3. The final proposed assessment for each benefiƩed parcel. 
 
An affidavit of mailing the noƟce of proposed assessment shall be filed in the office of the City Clerk. 
 
B. Recording and abatement.  The resoluƟon declaringadopted by the City Council confirming the 
assessment and describing the properƟesproperty against which the assessments areassessment is 
imposed shall be recorded in the office of the county recorder, together with a specific wriƩen noƟce of 
Maricopa County Recorder.  The resoluƟon confirming the assessment must include the following: 
 
1. Legal descripƟon of the assessed property,

2. County tax parcel number of the property and any reputed street address, 
3. Amount of the assessment, 
4. Name of the property owner, and 
5. CondiƟons that require payment of the assessment, including a statement that the assessment 
containing (1) the amounƟs due and payable at the Ɵme of the development of the property. 
 
C. 
Upon recording of the resoluƟon, the amount so assessed shall be a lien upon the property 
assessed unƟl the earliest of the following to occur: (i) payment of the assessment; (2) the legal descripƟon 
and the tax parcel number of the subject property; (3) the name of the property owner(s); and (4) the 
condiƟons which are requirements of the assessment. When so recorded, the amount so assessed upon 
the properƟes shall remain for, prior to or at the Ɵme of the development of the property, and (ii) ten (10) 
years thereaŌer or unƟl aŌer the date of the resoluƟon confirming the assessment, if such assessments 
are paid, whichever first occurs, and suchproperty has not been developed. Such recording shall be noƟce 
to all persons interested in the contents of the record.  
D. 
Any assessment made under this secƟon shall abate if the property has not been developed within 
ten 
(10) years of the assessment.  
 
SecƟon 20-13-3 -- Right-of-Way Costs 
 
When it is necessary to improve an arterial street prior to development and sufficient right-of-way 
is not availableunavailable, the City may obtain the right-of-way from the property owner. If right-of-way 
is not dedicated acquire it at time of construction, theits expense. The cost to the City to purchase the 
right-of-wayof acquisition shall be considered an expense attributable to the street improvementspart 
of the improvement costs and subject to assessment.  Costs associated with acquisition of temporary 
easements, including Temporary Construction Easements (TCE) and shall be assessed against the 
property at time of development.

Temporary Drainage Easements (TDE), are excluded. 
 
SecƟon 20-13-4 CollecƟng Unpaid Assessments at-- CollecƟon of Assessment at the Time of 
Development 
Prior to  
A. Payment of Assessment.  Unpaid assessments shall be due and payable in full upon the 
issuanceearliest of a construcƟon forany of the following development of the property adjacent 
and abuƫngto occur: 
 
1. Approval of a development site plan. 
2. Approval of a final subdivision plat that will result in a subdivision pursuant to the City 
Development Code. 
3. At the Ɵme of issuance of a grading permit. 
4. At the Ɵme of issuance of a building permit. 
5. Approval of a change in zoning granted by the City Council. 
 
B. Use at Time of Development.  When such improvements, the City Manager,property is zoned for 
(i) agricultural use or designee, shall collect(ii) residenƟal use at the enƟre amounƫme of any 
unpaid assessment onby the property. For purposes of SecƟon 20-13, the term "City Council, 
development" as set forth in subparagraph (A)(1) - (5) above shall have the same meaning as 
defined in A.R.Salso require a change of use or purpose. 
§ 9-243.E.1., as amended. 
C. Payment; SaƟsfacƟon.  Upon payment of the assessment in full or in part, a full or parƟal 
saƟsfacƟon evidencing payment shall be recorded in the office of the Maricopa County Recorder. 
 
SecƟon 20-13-5 -- Appeals 
 
The resoluƟon of DeterminaƟon of Necessity made by the City Council following a public hearing shall be 
final and conclusive and, if such DeterminaƟon of Necessity results in the assessment of property under 
this SecƟon 20-13, it may be appealed by an aggrieved party to the superior court, in accordance with 
Arizona Revised Statutes SecƟon 9-243(D). 
 
SecƟon 20-13-6 -- Repayment Agreement  
 
Repayment agreements for off-site improvements that exceed a developer’s obligaƟon shall be 
administered under Chapter 20 of the city code including but not limited to SecƟon 20-11-7, Repayment 
Agreement. 
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