(A) Disposition of Protests. After the protest hearing, the Consulting Engineer will assemble a tabulation of the protest correspondence and the oral protests given at the hearing. The tabulation shall include a recommendation for disposition of each protest, after consultation with the SAD Engineer. (A copy of the final recommendation shall be mailed to each protestor before City Council action on Resolution No. 3.) The Consulting Engineer will also prepare assessment plats identifying properties for which protests have been received for City Council use.
(B) Preparation of Resolution No. 3. The Consulting Engineer will prepare Resolution No. 3 based on the recommendations for disposition of the protests. Resolution No. 3 will provide an appropriation for construction and other necessary costs associated with the SAD.
(C) Action by Consulting Engineer. The Consulting Engineer will submit Resolution No. 3 and the tabulation of protests to the Bond Attorney and the City Legal Department for review and approval. Upon completion of any required changes and approval by the Bond Attorney and the City Legal Department, the Consulting Engineer will then submit Resolution No. 3 and the tabulation of protests to the SAD Engineer for transmittal to the City Council. The City Council will act on Resolution No. 3 at the time and date previously established by the City Council.
(D) Upon the adoption of Resolution No. 3 by the City Council, the Estimated Maximum Benefit Roll showing the legal description of the property to be included in the SAD and the record owners thereof will be recorded with the Bernalillo County Clerk, which recording shall constitute notice of the pendency of the Special Assessments.
(E) Private Construction of Sidewalk and/or Drivepad. If the SAD contains only sidewalk and/or drivepad improvements or if a portion of the SAD contains only sidewalk and/or drivepad improvements, the owners so affected will be given the opportunity to construct these improvements themselves or by private contract. Subsequent to the passage of Resolution No. 3 by the City Council, the Consulting Engineer will furnish the SAD Engineer with a listing of item numbers, owner's name and address, and printed address labels for those types of improvements. The SAD Engineer will send a letter to each affected owner notifying them of their opportunity to construct the sidewalk and/or drivepad improvements themselves or by private contract. A final date will be given when owners must obtain a sidewalk and/or drivepad construction permit from the city and pay all fees. The SAD Engineer will send the letters by certified mail not later than 15 days before the final day established for obtaining a construction permit. The letters will establish a deadline of 30 days after obtaining the permit for completion of the sidewalk construction and approval of the construction by the City Construction Engineer. All sidewalk and/or drivepad improvements that have been constructed and approved within this time limit shall be deleted from the SAD.
(F) New Curb Openings and Drivepads. During the final design phase, the Consulting Engineer will prepare letters to all owners who will benefit from street improvements (paving, curb/gutter and sidewalk) abutting their property, notifying them of the procedure to follow if they want a drivepad constructed on their vacant property or if they want the width or location of their new drivepad changed. A cutoff date for making application for these additional improvements will be given in the letter. The SAD Engineer shall send the letters to the owners, by certified mail, not later than 15 days prior to the cutoff date contained in the letter. The Consulting Engineer will incorporate all approved applications for curb openings and drivepads into the final plans and specifications for the SAD.
(G) Right-of-Way Certificate. Prior to advertisement for bids, the Real Property Division shall certify that all public right-of-way, easements, or right-of-entry have been acquired, as necessary for the particular SAD.
(H) Contract Documents, Advertising and Receipt of Bids. After the passage of Resolution No. 3 the Consulting Engineer proceeds with preparation of the final plans and specifications and contract documents. Subsequent to approval of these items by the City Design Review Committee, the SAD is advertised for receipt of construction bids.
(Ord. 44-1996)