How property owners can request road or utility improvements

If the owners and lessees, as specified herein, of not less than sixty percent (60%) of the frontage of a public highway or public highways to be assessed or of not less than sixty percent (60%) of the area of land to be assessed in a proposed improvement district designated by such persons, shall file with the Council a petition, duly acknowledged by such owners and lessees, requesting the opening or improvement of a public highway or public highways in the proposed improvement district or for the construction or improvement of a storm drainage system, sanitary sewer system, sidewalk, bikeway, water system, or street lighting system, together with the surveys, maps, plans and other preliminary data and estimates mentioned in Section 24-3.1, the Council may reject or accept the petition, and, in the latter case, shall proceed thereon in the same manner as though the plan for such improvement or improvements had been initiated on its own motion, except as is otherwise provided in Section 24-1.1 as to the financing of improvements.The Council shall not make any change or modification of the plans, details or specifications for the proposed improvement or improvements without the written and duly acknowledged consent of the owners and lessees of not less than sixty percent (60%) of the frontage or area of the land to be assessed; except that the Council may delete or modify any part of the plans which contemplates payment by the County for such part of the proposed improvement or improvements.The cost of engineering, incidentals, inspection, surveys, maps, plans, specifications, other engineering data, land acquisition, publication of notices of hearing, mailing notices to owners and lessees, services of legal counsel, services of bond counsel, printing of bonds, bond discounts, preparation and printing of an official statement relating to the bonds, publication and distribution of notice of sale of bonds, execution and delivery of bonds, registrars' and paying agents' fees and expenses, other reimbursements to registrars and paying agents and publication and mailing of notices of redemption, rating agency fees, the cost of funding a debt service reserve fund for the payment of the principal of and interest on bonds (if permitted by law), premiums for municipal bond insurance to insure the timely payment of the principal of and interest on bonds and/or to insure in lieu of funding a debt service reserve for bonds and fees for letters of credit and other credit enhancements to secure the timely payment of the principal of and interest on bonds, shall be included in the cost of the improvement or improvements.The term "lessee" as used in this Chapter refers to a lessee of property to be assessed, who by the express terms of the lease must pay the kind of assessment contemplated by this Chapter. Such lessee must join in the petition with the lessor unless the lessor files with the petition a duly acknowledged assumption of responsibility to pay the proposed assessments and release the lessee from payment or reimbursement to the lessor of such assessment.No sidewalks shall be constructed independently of any other improvements under any provision of this Chapter, unless the highway along which the construction of such sidewalk is proposed shall have existing right-of-way width at least equal to the width, if indicated, in County standards.An improvement district under the provisions of this Section may be initiated by the Council on its own motion as an alternative to initiation by petition of the owners and lessees as hereinabove provided. Under this alternative method the duly acknowledged written consent of such owners and lessees of not less than sixty percent (60%) of the frontage or area of land to be assessed shall be obtained before proceeding with the improvement or improvements.No such improvement or improvements shall be approved by the Council unless:The assessed valuation for real property tax purposes of the land to be improved is twice the estimated cost of the proposed improvement, orThe Council by resolution finds the appraised value of the land in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement and that the approval is in the public interest;provided that the improvement or improvements may be approved by the Council upon the petitioners paying in cash or by certified check the difference in amount necessary to equal twice the land valuation under whichever land valuation method selected herein. The payment shall be applied against the total amount of cost of improvement or improvements.