53.12 Required notices.
(A) The city shall maintain a written list of persons who have made a written request for notification prior to adoption or amendment of the methodology for the water system development charge. The city may periodically delete names from the list, but at least 30 days prior to removing a name from the list shall notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list.
(B) Written notice must be mailed to persons on the list at least 90 days prior to the first hearing to establish or modify the system development charge.
(1) The methodology supporting the system development charge must be available at least 60 days prior to the first hearing.
(2) The failure of a person on the list to receive a notice that was mailed does not invalidate any action of the city.
(C) However, a change in the amount of a reimbursement or improvement fee is not a modification of the system development charge methodology if the change in the amount is based on:
(1) A change in the cost of materials, labor or real property applied to projects or project capacity as set forth on the Capital Improvements Plan contained within Attachment A (attached to Ordinance 2009-01); or
(2) The periodic application of one or more specified cost indexes or other periodic data sources. A specific cost index or periodic data source must be:
(a) A relevant measurement of the average change in prices or costs over an identifiable time period for materials, labor, real property or a combination of the three;
(b) Published by a recognized organization or agency that produces the index or data source for reasons that are independent of the system development charge methodology; and
(c) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution or order.
(3) Until such time as the city changes its specific cost index, the city shall use the Engineering News-Record (NNR) 20-city average Construction Cost Index (CCI), to annually adjust the values contained within the methodology found in Attachment A (attached to Ordinance 2009-01). (Ord. 2009-01, passed 05/11/2009; Ord. 2022-01, passed 06/13/2022. Formerly 51.41)