Res 2018-139/Public Hearing on Resolution 2018-139R, approving a notice of the 2018 amended and restated service and assessment plan with Highpointe Trace, LLC. in connection with the Trace Public Improvement District

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Section VIII ADDITIONAL PROVISIONS A.Calculation Errors If the owner of a Parcel claims that an error has been made in any calculation required by this 2018 SAP, including, but not limited to, any calculation made as part of any Annual Service Plan Update, the owner’s sole and exclusive remedy shall be to submit a written notice of error to the City within 30 days of the mailing of a bill for the Annual Installment resulting from the this 2018 SAP or any Annual Service Plan Update; otherwise, the owner shall be deemed to have unconditionally approved the calculation. Upon receipt of a written notice of error from an owner, the City shall refer the notice to the Administrator who shall provide a written response to the City and the owner within 30 days of such referral. The City Council shall consider the owner’s notice of error and the Administrator’s response, and within 30 days the City Council shall make a final determination as to whether or not an error has been made. If the City Council determines that an error has been made, the City Council shall take such corrective action as is authorized by the Act, this 2018 SAP, the Assessment Ordinance, or the Indenture, or is otherwise authorized by the discretionary power of the City Council. The determination by the City Council as to whether an error has been made, and any corrective action taken by the City Council, shall be final and binding on the owner and the Administrator. B.Amendments Amendments to this 2018 SAP must be made by the City Council in accordance with the Act. To the extent permitted by the Act, this 2018 SAP may be amended without notice to owners of the Assessed Property: (1) to correct mistakes and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect Assessments, Annual Installments, and other charges imposed by this 2018 SAP. C.Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this 2018 SAP; (2) administer the District for and on behalf of and at the direction of the City Council; and (3) interpret the provisions of this 2018 SAP. Interpretations of this 2018 SAP by the Administrator shall be in writing and shall be appealable to the City Council by owners or developers adversely affected by the interpretation. Appeals shall be decided by the City Council after holding a public hearing at which all interested parties have an opportunity to be heard. Decisions by the City Council shall be final and binding on the owners and developers and their successors and assigns. D.Severability If any provision of this 2018 SAP is determined by a governmental agency or court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the remaining provisions. 22