§ 58-74. Award of contracts; special assessments.

(a)

Street construction, which includes sidewalks, on the approved annual program shall be accomplished by contract awarded to the qualified low bidder based upon the recommendation of the city manager and approval of the city council.

(b)

When determined by the city council to be appropriate, costs for street construction projects may be shared by the city and abutting property owners through the special assessment process as authorized by F.S. ch. 170. In any special assessment program, all assessments shall be proportioned among the affected properties, and no property may be specially assessed which does not receive a special benefit from the street construction project. The city council shall have ultimate authority to determine the actual assessment procedure and ratios to be utilized for every special assessment program. However, absent a compelling basis for deviation, the following shall be the presumptive cost sharing ratios of the indicated project categories:

Category			City	Property Owners
(1)	Arterial roads:
		Previously paved	7/8	1/8
(2)	Collector roads:
		Previously paved	¾	¼
(3)	Local roads:
		Previously paved	2/3	1/3
		Unpaved	½	½

 

A compelling basis for deviation shall be determined by the city council based on a finding that the presumptive cost sharing ratio either substantially benefits or substantially penalizes property owners by the application of the cost sharing ratios.

(c)

The cost of construction for unpaved local roads may be considered by the city council to be shared by the city and abutting property owners pursuant to a special assessment program. Unpaved local roads may be constructed upon approval of the city council if 50 percent of frontage property owners petition the city council for construction.

(d)

Street construction projects may be specially assessed by the city provided that, prior to the acquisition of any new right-of-way, easement or other property interest associated with the project, the city council by majority vote declares its intention to share costs for the project pursuant to a special assessment program. The requirements of this subsection shall be in addition to all prerequisites for a special assessment program generally imposed by state law.

(Code 1961, § 17-5.2; Code 1985, § 21-59; Ord. No. 2008, § 6, 6-21-88; Ord. No. 2464, § 1, 6-21-94)