TO: Mayor and Town Council
FROM: Jill Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: November 21, 2019
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Cost Recovery Ordinance
Body
BACKGROUND: Arizona Revised Statute ? 9-243 (the "Statute", see copy attached) provides that the Town Council may, by ordinance, require the proprietor or owner of any property within the Town at the time of the development of the property to construct sidewalks or streets within and adjacent to the property. The Statute also provides that if the Council determines that such streets (including storm drainage and other typical street related improvements such as curb and gutter) are necessary before the development of the property, the Council may order these improvements to be constructed by the Town at its expense and to assess the expense against the property. The Council may also provide and approve the manner of assessing the property at the time of development and the manner of collecting unpaid assessments at the time of "development" of the property.
Per the Statute, the "development" of the property includes "construction of residential, commercial or industrial buildings or structures or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated on such property." However, when such property is zoned for agricultural or single family residential use at the time of assessment, development shall also require a change of use or purpose.
Some municipalities have adopted provisions in their municipal codes that set forth the procedures to be used by the municipality for assessing sidewalk and street improvements pursuant to the authority provided in the Statute. Based on a review of the statutes used by other municipalities the staff has prepared a draft ordinance (attached) that, if adopted by the Council, would estab...
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