An SAD created by the provisional order method shall be initiated by a resolution of the City Council directing the Consulting Engineer to prepare preliminary plans and an estimate of costs for the proposed SAD in accordance with the Act. Before the City Council takes this initial step in the creation of an SAD, it desires to have certain information to aid in determining whether to initiate the creation of the proposed SAD, and therefore directs the SAD Engineer and the SRC, where appropriate, to undertake to determine the matters and follow the procedures set forth in §§ 6-8-2-1 et seq.
(A) Request for Improvements. Any owner or interested party may request that a proposed improvement be placed in an SAD by submitting to the SAD Engineer a request for construction of improvements through the special assessment process on a form prescribed by the city.
(B) Evaluation of Requests for Improvements. The SAD Engineer shall consider the following factors in evaluating the creation of an SAD:
(1) The feasibility of aggregating the requests for improvements into a legally and technically viable SAD.
(2) The percentage of owners expected to support or protest the proposed improvements in an SAD.
(3) Current or anticipated need for constructing the proposed improvements in an SAD, as evidenced by current or anticipated problems involving:
(a) Drainage and storm sewers;
(b) Air and ground water pollution;
(c) Sanitation and sanitary sewers;
(d) Illegal solid waste disposal;
(e) Traffic;
(f) Excessive maintenance effort;
(g) Safety;
(h) Access;
(i) Development trends;
(j) Infill needs;
(k) Developmental inadequacies in an obsolete and premature subdivision;
(l) Parking; or
(m) Absence of adequate gas, water, electric or telephone service.
(4) The feasibility of vacating, rather than improving, any unimproved public right-of-way requested to be improved.
(5) The availability or attainability of sufficient public right-of-way to accommodate the proposed improvements.
(6) Any and all other factors deemed pertinent by the SAD Engineer.
(C) Factors for Consideration in Recommending Creation of a Special Assessment District. After the SAD Engineer determines that an SAD is appropriate, the following factors shall be considered prior to recommending initiation of an SAD to the City Council:
(1) The estimated cost of the proposed improvements is of sufficient magnitude, either alone or in combination with other proposed improvements, to obtain attractive bids on the construction and to obtain attractive financing terms for the SAD.
(2) No foreseeable future improvements are contemplated that would require or necessitate removal of a proposed improvement.
(3) The availability or attainability of adequate public right-of-way.
(4) The anticipated city participation expense for paving, water, sewer, storm drainage, public right-of-way and miscellaneous costs will not exceed the projected city funds available for the SAD.
(5) The existence of water, sanitary sewer, storm drainage, gas, electric, and telephone facilities or the capability of or requirement for such facilities being extended prior to or concurrently with the proposed improvements.
(6) The proposed improvements must be consistent with the City/County Comprehensive Plan, area plans, sector plans and other applicable plans and appropriate land use approvals must be obtained from the city to allow for implementation of development of the area.
(7) The probability that the tracts or parcels of property to be assessed in the SAD will benefit by an amount at least commensurate to the anticipated costs of the improvements and the anticipated financing costs associated with the SAD.
(8) Possible need to construct the proposed improvements in order to satisfy either:
(a) Provisions of city ordinances and policies; or
(b) Previous stipulations, prior decisions, or agreements made by the city.
(9) Proximity of the proposed improvements to existing infrastructure.
(10) Availability of supplemental revenues to pledge to bonds anticipated to be issued for the proposed SAD, taking into consideration prior pledges of supplemental revenues to outstanding SAD bonds and other factors affecting the use and availability of supplemental revenues.
(11) Any and all other factors deemed pertinent by the SRC.
(D) Preliminary Review of Proposed Special Districts by SRC. When the SAD Engineer determines that creation of an SAD should be recommended to the City Council data concerning the proposed SAD will be assembled and a meeting of the SRC will be scheduled by the SAD Engineer. The date presented shall describe the proposed improvements and their locations in general terms and shall address the various factors stated in divisions (B) and (C) of this section. If the SRC concurs with the SAD Engineer's recommendation the SRC shall direct that the SAD Engineer proceed with preparation of the report described in § 6-8-2-2.
(E) Preliminary Review by Department of Finance and Administrative Preliminary Services and Capital Implementation Division. Concurrently with the preliminary review by the SRC, the Department of Finance and Administrative Services and Office of Management and Budget will perform an independent review of all proposed SAD financings and may make recommendations to the Mayor and City Council regarding financial risk, impact on the city's bonding capacity, economic feasibility and related issues. SAD proponents may be required to provide current and two previous years financial statements, preferably audited, and other pertinent credit information deemed necessary to assist the Department of Finance and Administrative Services and Office of Management and Budget in the fiscal review.
(Ord. 44-1996)