13.45.040 Final agreement.
(1) Contents. The City shall prepare a final proposed latecomer’s agreement which shall include a legal description and a map of the covered properties, the method(s) of assessment used, the dollar amount(s), and the term of the agreement.
(2) Method of Assessment. The cost of the improvements will be allocated among the property owners based upon their pro rata share of the costs determined by one or more of the following methods:
(a) Front foot method;
(b) Zone front foot method;
(c) Square footage method;
(d) Trip generation (traffic) method;
(e) Other equitable method;
(f) Any combination of the aforementioned methods.
(3) Notice. Upon approval of a final latecomer agreement by the City Council, a notice which includes the final assessment per unit charge, the legal description, a map of the covered property, the description of the property owner’s rights and options to participate in the latecomer agreement, and the right to appeal shall be mailed by the City Clerk to all owners of property within the latecomer boundary and to the developer or holder of the latecomer agreement by both regular and certified mail.
(4) Appeal. An appeal of the final latecomer’s agreement shall be submitted in writing to the Covington City Council, care of the City Clerk, within 20 days of the mailing date of the notice. An appeal must include a statement of claimed errors contained in the final latecomer’s agreement and must be accompanied by a $75.00 nonrefundable fee. Only the following written errors will be considered valid grounds for appeal:
(a) A challenge to the cost of the proposed assessments supported by reliable third party evidence;
(b) A challenge to the method of assessments based upon evidence which demonstrates that the proposed method is inequitable, and which supports and justifies an alternative method of assessment;
(c) A challenge to the existence of benefit must be supported by evidence which demonstrates de minimis or no future potential benefit to the appellant property.
(5) Hearing on Appeal. Upon receipt of a written appeal and the required fee, the City Clerk shall transmit said appeal and the official file to the City Council. The City Council may delegate to a Hearing Examiner the responsibility to hold a public hearing, establish the record, and provide a written report containing a recommendation to the City Council. Following the public hearing, the Hearing Examiner shall issue a written recommendation which is mailed to all parties of record.
(6) Final Council Action. If no appeal is filed, the final latecomer’s agreement may be ratified by the developer, City Manager and City Clerk. If an appeal is filed and the Hearing Examiner generates recommendations, the City Council shall then take final action to grant, amend or deny the latecomer’s agreement. Upon final action approving a latecomer’s agreement by the City Council, it shall be ratified by the developer, City Manager and City Clerk. (Ord. 93-98 § 1)