City of Reno
Nevada

Resolution
8482

Staff Report (For Possible Action): Resolution No. ________ Resolution fixing the time when objections to the assessment roll for the City of Reno, Nevada 2017 Special Assessment District No. 1, in and of the City of Reno, Nevada made by the City Council of said City, together with the City Engineer, will be heard; and causing such roll to be filed in the office of the City Clerk.

Information

Department:Public Works - Capital ProjectsSponsors:
Category:ResolutionWards:Ward 1

Attachments

  1. Printout
  2. Assessment Role for SR
  3. 2017 SAD Map

Recommendation and Proposed Motion

Recommendation:  Staff recommends Council adopt Resolution No. ________.

 

Proposed Motion: I move to adopt Resolution No. ________.

Staff Report Formal Body

Summary: Staff recommends Council adopt the attached resolution fixing the time when objections to the assessment roll for the City of Reno, Nevada 2017 Special Assessment District No. 1 will be heard, and causing such roll to be filed in the office of the City Clerk.  The Public Hearing as set forth in the resolution is scheduled for February 14, 2018.

 

Previous Council Action:

November 15, 2017              Council adopted Resolution No. 8466 approving the cost to be assessed in the City of Reno, Nevada 2017 Special Assessment District No.1 and ordering the City Engineer to prepare and submit a preliminary assessment roll.

 

January 25, 2017              Council adopted Ordinance No. 7021 creating the City of Reno, Nevada 2017 Special Assessment District No. 1; ordering the acquisition and improvement of one street project consisting of 11 street segments within the City of Reno, Nevada; providing for the levy and collection of special assessments therefore; ratifying, approving and confirming all action previously taken by the City Council of the City of Reno and Officers of said City directed toward the acquisition and improvements of said projects in the district; prescribing details in connection therewith; together with other matters properly relating thereto.

 

January 11, 2017              Council referred Bill No. 6994 to the Committee of the Whole.

 

January 11, 2017              Council adopted Resolution No. 8282 Dispensing with Certain Protests and Objections made at the public hearing for the “City of Reno, Nevada 2017 Special Assessment District No. 1.”

 

December 7, 2016              Council adopted Resolution No. 8263 making a Provisional Order regarding the acquisition and improvements for the “City of Reno 2017 Special Assessment District No. 1.”

 

November 16, 2016              Council adopted Resolution No. 8258 Directing the City Engineer to prepare and submit cost estimates and plans all in connection with the “City of Reno, Nevada 2017 Special Assessment District No. 1.”

 

Background:  The district is comprised of 11 street segments, all within one Special Assessment District.  Preliminary plans, plats, and cost estimates regarding the proposed City of Reno, Nevada 2017 Special Assessment District No. 1, were filed with the City Clerk on November 16, 2016.  Council created the “City of Reno, Nevada 2017 Special Assessment District No. 1” on January 25, 2017.  All work within the district is now complete.

Discussion:  The City of Reno utilizes Special Assessment Districts to help defray costs associated with certain street improvements.  Current City policy allows for the assessment of sidewalk, driveway approaches, and administrative costs related to the creation the district.  Approval of this resolution is the first step to closing the City of Reno, Nevada 2017 Special Assessment District No. 1 and levying the assessments.

 

Financial Implications:  The 2017 Special Assessment District No. 1 project placed the financial responsibility for replacement of deteriorated and damaged concrete improvements (with exception of curb and gutter) on the abutting property owners.

 

Legal Implications:  The City is empowered under NRS 271.270, et. Seq., to create Special Assessment Districts, and to levy assessments to defray all or a portion of all costs associated with acquiring or improving any project authorized under the statute.  The public hearing is required by NRS 271.380.

Ordinance or Resolution

A RESOLUTION FIXING THE TIME WHEN OBJECTIONS TO THE ASSESSMENT ROLL FOR THE CITY OF RENO, NEVADA 2017 SPECIAL ASSESSMENT DISTRICT NO. 1,  IN AND OF THE CITY OF RENO, NEVADA MADE BY THE CITY COUNCIL OF SAID CITY, TOGETHER WITH THE CITY ENGINEER, WILL BE HEARD; AND CAUSING SUCH ROLL TO BE FILED IN THE OFFICE OF THE CITY CLERK.

 

WHEREAS, the City Council of the City of Reno, in the County of Washoe and State of Nevada, has heretofore, pursuant to the requisite preliminary proceedings, provided for a special improvement project in said City, all in accordance with the provisions of law relating thereto, said improvements being designated “City of Reno, Nevada 2017 Special Assessment District No. 1", all in accordance with the statutes of the State of Nevada provided therefore, of the following project:

 

A street project, including without limitation, grading, graveling, oiling, paving, sealing, sidewalks, driveway approaches, alley approaches, saw cuts, curbs, gutters, valley gutters, handicapped pedestrian ramps, culverts, drains,  manholes, inlets, outlets, retaining walls, off-site adjustments, and all appurtenances and incidentals (or any combination thereof), including all real and other property therefore, with intersections.

 

 

WHEREAS, by Ordinance No. 7021, duly passed, adopted, and approved on January 25, 2017, the City Council passed on all protests and objections, created said District, and determined to proceed with said improvements, as described in said preliminary proceedings and provided in said Ordinance; and

 


WHEREAS, said City Council together with the City Engineer, made out an assessment roll which contains, among other things, the names of the last known owners of the property to be assessed, or if not known, that the same is “unknown”, a description of each tract or parcel of land to be assessed, and the amount of the proposed assessment thereon; and

 

WHEREAS, the City Council has determined, and does hereby determine, that the property in said City which is specially benefited by the improvements acquired in said District, and only the property which is so specially benefited, is included on said assessment roll.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reno, Nevada:

 

Section 1.  That said assessment roll has been filed on the 9th day of January 2018, in the office of the City Clerk, has been examined and is tentatively approved.

 

 

                            Section 2.  That Wednesday, the 14th  day of  February  2018, at 1:00 o’clock P.M., in the Council Chambers at the City Hall, 1 E. 1st Street, Reno, Nevada, be and the same hereby is, fixed as the time and place when said City Council will hear and consider written objections to said assessment roll by the owners of property specially benefited by the improvements in “City of Reno, Nevada 2017 Special Assessment District No. 1”, and proposed to be assessed, by any party interested in the regularity of the proceedings in making such assessments, and by all parties aggrieved by such assessments. Pursuant to NRS 271.357, the Council has established a procedure to postpone the assessments for persons whose principal residence will be included in the District and who believe that the payment of the assessments will create a financial hardship. Persons who are interested in the eligibility criteria and application process for hardship determination should contact the City of Reno Public Works Department, P.O. Box 1900, Reno, Nevada 89505.

 

 

Section 3.  That the City Clerk shall give notice by publication in the Reno Gazette Journal, a  newspaper published in Reno, Nevada, and of general circulation in said City of Reno, and by mailing notice thereof, postage prepaid, as certified mail, to such last known owners of land within the District, as provided by law; and said notice shall state that such assessment roll is on file in his office, the date of filing the same, the time and place at which the City Council will hear and consider written objections to said assessment roll by the owners of property specially benefited by the improvements in “City of Reno, Nevada 2017 Special Assessment District No. 1”, and proposed to be assessed, by any party interested in the regularity of the proceedings in making such assessments, and by all parties aggrieved by such assessments.  Said notice shall be substantially in the following form, to wit:

 

(BEGIN FORM OF NOTICE)

NOTICE OF FILING ASSESSMENT ROLL, OF OPPORTUNITY TO FILE WRITTEN OBJECTIONS, AND OF PROTEST HEARING, CONCERNING THAT CERTAIN AREA TO BE ASSESSED FOR ACQUIRING AND IMPROVING A STREET  PROJECT  IN THE CITY OF RENO, NEVADA 2017 SPECIAL ASSESSMENT DISTRICT NO. 1, TO WIT:

 

              NOTICE IS HEREBY GIVEN, that the assessment roll for the City of Reno, Nevada 2017 Special Assessment District No. 1, in and of the City of Reno, Nevada, has been made out by the City Engineer of said City, was filed with the office of the City Clerk on January 9th, 2018, since said time has been and now is on file therein, and is available for examination during regular office hours by any interested person.  Said District constitutes the area to be assessed for acquiring and improving a street project, all in accordance with the statutes of the State of Nevada provided therefore, of the following:

 

A street project, including without limitation, grading, graveling, oiling, paving, sealing, sidewalks, driveway approaches, alley approaches, saw cuts, curbs, gutters, valley gutters, handicapped pedestrian ramps, culverts, drains, inlets, outlets, retaining walls, off-site adjustments, and all appurtenances and incidentals (or any combination thereof), including all real and other property therefore, with intersections.

 

              The City Council of the City of Reno, Nevada, will meet to hear and consider written objections to said assessment roll by the owners of said property specially benefited by the improvements in said District, and proposed to be assessed, by any party interested in the regularity of the proceedings in making such assessments, and by all parties aggrieved by such assessments, on Wednesday, February 14th, 2018  at 1:00 o’clock P.M. in the Council Chambers at the City Hall, 1 E. 1st. Street, in said City.  The owner or owners of any property which is assessed in such assessment roll, whether named or not in such roll, must on or before February 9th, 2018, file with the City Clerk his or her specific objections in writing.

 

              Said Assessments shall be due and payable at the Office of the City Clerk of the City of Reno, Nevada within thirty (30) days after the ordinance levying the assessments becomes effective, without interest and without demand; on all, or any part, of such assessments may, at the election of the owner, be paid thereafter in twenty (20) substantially equal semi-annual installments of principal and interest, payments being due on March 1 and September 1 respectively, of principal and interest until paid in full, with interest in all cases on the unpaid and deferred installments of principal, from the date of publication of said ordinance, at an annual rate which shall not exceed by more than one percent (1%) the effective interest rate on the bonds, which effective interest rate shall not exceed by more than three (3%) the Index of Twenty Bonds most recently published before the bids are received, both principal and interest being paid semi-annually at the office of said City Clerk of the City of Reno.  Failure to pay any installment, whether of principal or interest when due, shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately, at the option of the City, the exercise of said option to be indicated by the commencement of foreclosure proceedings by the City; and the whole amount of the unpaid principal and accrued interest shall, after such delinquency, whether said option is or is not exercised, bear penalty at the rate of two percent (2%) per month, until the day of sale or until paid, but at any time prior to the day of the sale, the owner may pay the amount of all delinquent installments originally becoming due on or before the date of said payment, with interest thereon, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered.

 

              Any objection to the regularity, validity and correctness of the proceedings, of said assessment roll, of each assessment contained therein, and of the amount thereof  levied on each tract or parcel of land, shall be deemed waived unless presented at the time and in the manner herein specified.  If any property owner or other interested person objects to the assessment roll or to the proposed assessments, he is hereby notified that:

              He is entitled to be represented by counsel at this hearing;

              Any evidence he desires to present on these issues must be presented at this hearing; and

              Evidence on these issues that is not presented at this hearing may not thereafter be presented in an action brought pursuant to NRS 271.395, upon subsequent appeal to a district court or other judicial proceeding.

 

              Pursuant to NRS 271.357, the Council has established a procedure to postpone the assessments for persons whose principal residence will be included in the District and who believe that the payment of the assessments will create a financial hardship. Persons who are interested in the eligibility criteria and application process for hardship determination should contact City of Reno Public Works Department, P.O. Box 1900, Reno, Nevada 89505, attention Travis Truhill or call (775) 334-3333.

 

              At the time and place so designated for hearing such written objections, said City Council shall hear and determine all written objections which has been so timely filed by any party interested in the regularity of the proceedings in making such assessment, and the correctness of such assessment, or of the amount levied on any particular tract or parcel of land to be assessed, and said City Council shall have the power to adjourn such hearing from time to time, and by resolution shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.

 

 

 

 

DATED this 10th day of January, 2018.

 

 

              __________________________________

              ASHLEY D. TURNEY, CITY CLERK AND CLERK OF

              THE CITY COUNCIL OF THE CITY OF RENO, NEVADA

 

 

 

 

(END FORM OF NOTICE)

 

 

 

Upon motion by Councilmember                                , and seconded by Councilmember

                               , the foregoing Resolution was passed and adopted this 10th day of

January, 2018, by the following vote of the Council:

AYES:

 

NAYS:

 

ABSTAIN:

 

ABSENT:

 

 

APPROVED this 10th day of January, 2018.

 

 

______________________________________________________

HILLARY L. SCHIEVE

MAYOR

 

 

 

 

ATTEST:

 

_______________________________________________

ASHLEY D. TURNEY

CITY CLERK

Meeting History

Jan 10, 2018 10:00 AM Video Reno City Council Regular

Resolution No. 8482 was adopted.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Jenny Brekhus, Councilmember
SECONDER:David Bobzien, Councilmember
AYES:Hillary Schieve, Jenny Brekhus, Naomi Duerr, Oscar Delgado, Paul McKenzie, Neoma Jardon, David Bobzien