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17.08.080 Changes to Scope or Cost of Improvements and Notice to Proceed.

(Amended by Ordinance Nos. 182760 and 190132, effective October 16, 2020.)

A.  After formation of a local improvement district, City Council will hold a public hearing to consider significant and material changes to the proposed scope or significant and material changes to the estimate of the total cost of the local improvement district that may arise during the course of final engineering which would result in a significant and material increase to the future assessment of properties per the assessment methodology established in the Formation Ordinance.

B.  For such a hearing, notice will be in the manner provided by Section 17.08.070.  In addition to meeting the provisions of Section 17.08.070, the notice will also state the nature of the proposed modifications to the scope of improvements or to the preliminary estimate of the total cost of the local improvement previously approved at the Local Improvement District formation hearing. Property owners will have the opportunity to remonstrate against the significant and material changes in the manner provided by Section 17.08.070 and the remonstrance only pertains to the significant and material increase and/or the significant and material scope change and not to the original local improvement district as approved by Council per Section 17.08.070.  If the improvement district was initiated by petition, no new petition will be required.

C.  The Responsible Engineer may issue a Notice to Proceed to begin construction provided that:

1.  There are no significant and material changes to the scope of the local improvements; or

2.  There are no significant and material changes to the preliminary estimate of assessments for the benefiting properties in the local improvement district; or

3.  The City Council has approved significant and material changes to scope and/or cost of the improvements as provided in this section.

Construction of the local improvement will be in substantial accordance with the plans and specifications adopted by the Responsible Engineer.

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