(A) Ratification.
(1) Completed applications for ratification of additional improvements must be received at least 15 days prior to the estimated date of adoption of Resolution No. 4 by the City Council.
(2) An application for ratification must be submitted to the SAD Engineer on prescribed forms containing at least the following information:
(a) Description of improvement to be added or deleted.
(b) Legal description, district and item number of property to be assessed to which the improvement is to be added or deleted.
(c) The name and address of the record owner with evidence of ownership such as warranty deed, title insurance policy, real estate contract, title company certification, which evidence must be acceptable to the SAD Engineer.
(d) The request and consent of the record owner (consent of a contract seller may not be required at the discretion of the city) to adjust the benefits or cost of the assessment, and an agreement not to protest or contest same, and to be personally liable for any additional cost thereof in the event that such expense cannot be successfully recovered by foreclosure of the lien.
(e) Payment of engineering or other expenses necessitated by the requested addition or deletion of improvements.
(f) Approval by applicable city departments and/or agencies.
(g) Other information that may be required by the Mayor.
(3) The Consulting Engineer, in conjunction with the SAD Engineer, shall review and the SAD Engineer shall make a determination as to whether or not the application shall be granted.
(a) Factors that may be taken into consideration in making this decision are:
1. Completeness, sufficiency and timeliness of the application.
2. Ownership verification.
3. Timing of construction bids.
4. Approval of applicable city departments and/or agencies.
5. Payment of all applicable consulting, engineering and other fees and costs.
(4) No ratification shall be considered after the time limitation set forth herein, and any request for such improvements must be handled in the same manner as if no SAD was involved.
(B) Adjustment of Assessment Prior to the Adoption of Resolution No. 4.
(1) Completed applications for adjustment of assessment must be received at least 15 days prior to the estimated date of adoption of Resolution No. 4 by the City Council.
(2) Application for Adjustment of Assessment must be submitted to the SAD Engineer on prescribed forms containing at least the following information:
(a) Names and addresses of the record owners.
(b) District, item number, and legal description.
(c) New legal description(s) and proposed plat should accompany application.
(d) Names and addresses of all the record owners to be assessed including any new record owners, with evidence of ownership, such as warranty deed, title insurance policy, real estate contract, title company certification, which evidence must be acceptable to the SAD Engineer.
(e) Request and consent of the record owners to the proposed adjustment of the assessment and agreement to be personally liable for the assessment in the event it cannot be successfully enforced by a lien foreclosure.
(f) Payment of engineering or other expenses necessitated by the requested adjustment or assessment.
(g) Approval of all applicable city departments and/or agencies.
(h) Other information that may be required by the Mayor.
(3) The Consulting Engineer, in conjunction with the SAD Engineer, shall review and the SAD Engineer shall make a determination as to whether or not the application shall be granted.
(a) Factors that may be taken into consideration in making this decision are:
1. Completeness and sufficiency of application.
2. Ownership verification.
3. Timing of construction.
4. Approval of applicable city departments and/or agencies and boards.
5. Approval of Legal Department and Bond Attorney.
6. Payment of all fees and costs.
(4) No adjustment of assessments under this section shall be considered after the time limitation set forth herein.
(5) The method of assessment on the adjustment of assessments may vary from the original assessment. For example, the original assessment may be on a front foot basis and the adjustment of assessments on an area basis.
(C) Adjustment of Assessment Subsequent to the Adoption of Resolution No. 4.
(1) There shall be no adjustment of assessments subsequent to the City Council's adoption of Resolution No. 4 until the special assessment lien is filed on the subject property.
(2) Completed applications for adjustment of assessment thereafter must be submitted to the Department of Finance and Management on prescribed forms containing at least the following information:
(a) Names and addresses of the assessed property owners.
(b) District, lien number, legal description and amount of the assessment.
(c) New legal description and plat should accompany application.
(d) Names and addresses of the record owners with evidence of ownership such as, warranty deed, title insurance policy, real estate contract, title company certification, which evidence must be acceptable to the SAD Engineer.
(e) Request and consent of the record owners to the proposed adjustment of assessment, and agreement to be personally liable for the assessment in the event it cannot be successfully enforced by a lien foreclosure.
(f) Payment of a city non-refundable processing fee in the amount of $100.
(g) Payment of consulting engineering or other expenses necessitated by the requested adjustment of assessment shall be the responsibility of the applicant.
(h) Approval of all applicable city departments and/or agencies and boards as provided for in the Subdivision Ordinance.
(i) Other information that may be required by the Mayor.
(3) The SAD Engineer, in conjunction with the Department of Finance and Administrative Services and the Legal Department, shall review and make a determination as to whether or not the application shall be granted.
(a) Factors that may be taken into consideration in making this decision are:
1. Completeness and sufficiency of application.
2. Ownership and encumbrance verification.
3. Approval of subordination agreements and/or other security.
4. Approval of applicable city departments and/or agencies.
5. Payment of all fees and costs.
(4) The method of assessment on the adjustment of assessment may vary from the original assessment. For example, the original assessment may be on a front foot basis and the adjustment of assessment on an area basis.
(5) Upon approval of the adjustment of assessment, new special assessment liens shall be filed and they shall be entitled to the statutory priority as provided for in 3-33-23 NMSA 1978.
(D) Plats and Replats.
(1) Prior to approval of all plats and replats by the city they shall be submitted to the SAD Engineer to be reviewed in order to determine whether or not such property is in an Active Special Assessment District.
(2) In the event such plat involves property in an Active Special Assessment District, one of the following applicable procedures must be adhered to prior to approval of the plat by the city.
(a) The special assessment or special assessment lien must be paid in full.
(b) If Resolution No. 4 has not been adopted and the adjustment of assessment can be accomplished as provided for in division (B) of this section, such procedure may be followed.
(c) If neither of the above procedures is utilized, then the procedure set forth in division (B) of this section must be followed.
(3) No plat or replat involving property which is subject to special assessments in an active special assessment district shall be approved by the city until the requirements of this policy have been met.
(E) Collection of New Assessments. Once a ratification or adjustment of assessment has been completed and approved, a copy of the agreement containing the new descriptions including, where applicable, a copy of the recorded plat and assessments, shall be forwarded to the Department of Finance and Administrative Services for processing and collection according to normal procedures.
(F) Appeals. Appeals from the decisions of the SAD Engineer concerning ratification and adjustment of assessments shall be to the Property Review Board.
(G) Forms. Appropriate forms shall be adopted to implement this policy and procedure.
(Ord. 44-1996)