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2006-08-15_Agenda
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2006-08-15_Agenda
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Commission/Committee
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Housing Redevelopment Authority
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
8/15/2006
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3 <br />determined by the City Council such as per unit basis. Under the State law, the <br />ordinance takes effect 45 days after adoption. The ordinance must be adopted within <br />six months of the close of the public hearing. <br /> <br />e. After the ordinance is adopted, the HRA staff will work with the association to <br />determine through estimates, bids, and similar methods the costs of the <br />improvements. <br /> <br />f. Once the costs have been determined to the extent possible a second public hearing is <br />held at which time the owners may discuss the proposed fees in general, or they may <br />question the fee proposed to be imposed against their individual unit. Within six <br />months of the closing of this public hearing, the HRA will adopt a resolution <br />imposing the fee. This fee may not exceed the amount stated in the hearing notice, <br />but it may be less. The fees to be imposed are to be at a rate, term or amount <br />sufficient to produce revenues required to make the improvements. The resolution <br />takes effect 45 days after it is adopted. The fees will include an administrative charge <br />and will be collected along with property taxes for the number of years established in <br />the resolution. The fee may, however, be prepaid in full to avoid the payment of <br />interest. <br /> <br />6. What is the recourse of owners who disagree with the designation of the area or the <br />imposition of the fee? <br /> <br />a. Before the ordinance is adopted, any owner may file a written objection claiming that <br />the owner’s property may be in the area or subject to the fee. The City Council then <br />has 60 days to make a determination on this objection. This determination may be <br />appealed to the District Court. <br /> <br />b. After an ordinance or fee resolution is a dopted, if owners of 35% of the properties <br />located in the designated area file an objection to the ordinance or the fee resolution <br />before the effective date, the ordinance or the resolution does not become effective. <br />For this reason, the City and the HRA will want to be assured that the fees will be <br />imposed before proceeding with the improvements. <br /> <br />7. What are the obligations of the owners and the association after designation of a <br />Housing Improvement Area? <br /> <br />a. Obviously, all parties need to cooperate with each other so the improvements can be <br />made or constructed in a timely fashion. <br /> <br />b. The State law requires that before the City or the HRA adopts a fee resolution, the <br />association must submit a financial plan. This plan has to be prepared by an <br />independent third party acceptable to both the association and the City Council and <br />HRA. A plan prepared by the association does not meet the requirements of the law. <br />This plan must demonstrate how the association will be able to finance the
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