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Ord 2018-038/approving an update to the service and assessment plan for the Trace Public Improvement District; making a finding of special benefit to the property in the district; levying additional special assessments against property within the district
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Ord 2018-038/approving an update to the service and assessment plan for the Trace Public Improvement District; making a finding of special benefit to the property in the district; levying additional special assessments against property within the district
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11/7/2018 9:56:48 AM
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10/23/2018 3:54:29 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
2018-38
Date
10/16/2018
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Section VIII <br />ADDITIONAL PROVISIONS <br /> <br /> <br />A.Calculation Errors <br /> <br />If the owner of a Parcel claims that an error has been made in any calculation required by <br />this 2018 SAP, including, but not limited to, any calculation made as part of any Annual <br />Service Plan Update, the owner’s sole and exclusive remedy shall be to submit a written <br />notice of error to the City within 30 days of the mailing of a bill for the Annual Installment <br />resulting from the this 2018 SAP or any Annual Service Plan Update; otherwise, the owner <br />shall be deemed to have unconditionally approved the calculation. Upon receipt of a written <br />notice of error from an owner, the City shall refer the notice to the Administrator who shall <br />provide a written response to the City and the owner within 30 days of such referral. The <br />City Council shall consider the owner’s notice of error and the Administrator’s response, and <br />within 30 days the City Council shall make a final determination as to whether or not an error <br />has been made. If the City Council determines that an error has been made, the City Council <br />shall take such corrective action as is authorized by the Act, this 2018 SAP, the Assessment <br />Ordinance, or the Indenture, or is otherwise authorized by the discretionary power of the <br />City Council. The determination by the City Council as to whether an error has been made, <br />and any corrective action taken by the City Council, shall be final and binding on the owner <br />and the Administrator. <br />B.Amendments <br /> <br />Amendments to this 2018 SAP must be made by the City Council in accordance with the Act. <br />To the extent permitted by the Act, this 2018 SAP may be amended without notice to owners <br />of the Assessed Property: (1) to correct mistakes and clerical errors; (2) to clarify <br />ambiguities; and (3) to provide procedures to collect Assessments, Annual Installments, and <br />other charges imposed by this 2018 SAP. <br />C.Administration and Interpretation <br /> <br />The Administrator shall: (1) perform the obligations of the Administrator as set forth in this <br />2018 SAP; (2) administer the District for and on behalf of and at the direction of the City <br />Council; and (3) interpret the provisions of this 2018 SAP. Interpretations of this 2018 SAP <br />by the Administrator shall be in writing and shall be appealable to the City Council by owners <br />or developers adversely affected by the interpretation. Appeals shall be decided by the City <br />Council after holding a public hearing at which all interested parties have an opportunity to <br />be heard. Decisions by the City Council shall be final and binding on the owners and <br />developers and their successors and assigns. <br />D.Severability <br /> <br />If any provision of this 2018 SAP is determined by a governmental agency or court to be <br />unenforceable, the unenforceable provision shall be deleted and, to the maximum extent <br />possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the <br />remaining provisions. <br />23 <br /> <br /> <br />
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