Legal Documents of Baneberry

Prior to the expenditure of any city funds for the construction, installation, or improvement of roads, streets, or rights-of-way, within the corporate limits of the city, such proposed expenditures must be justified and approved in public session by the city council.

1. Facilitation procedure. Upon receipt of a petition to the city from one (1) or more owners of property, located on a platted right-of-way, requesting that the unimproved or semi-improved private road be graded, graveled, paved or otherwise improved and/or that utilities to be installed, the road commission shall review the request and, in its discretion:
   1. Conduct and document a study to determine the scope, costs and financial feasibility of the project. (See typical scope of work at Appendix D.)
   2. Prepare cost estimates for the entire project including justified contingency funds.
   3. Identify all lots (parcels of real property) that abut, adjoin, or front and that would be improved or positively affected by the proposed road and/or utility improvement.
   4. Determine which assessment type applies to the potential funding of the project (i.e., one hundred percent (100%) or sixty-six percent (66%) funding by affecting lot owners.) See § 2-107.
   5. Calculate special assessments to be levied on each lot on the street to be improved based on which funding method applies:
      1. One hundred percent (100%) funded by those lots positively affected by the proposed road and/or utility improvement. See § 2-107(1).
      2. Cost share funding where those lots positively affected by the proposed road and/or utility improvement pay two-thirds (2/3) the cost of the project and the city pays one-third (1/3) the cost of the project. See § 2-107(2).
   6. Financial feasibility of a project, (i.e., potential assessment revenue is equal to or greater than the project's projected costs plus contingency).
   7. Keep property owners informed of project progress through direct mail, email, website updates, posted bulletins, etc.
   8. Meet regularly with the planning commission for oversight regarding the city's overall growth plans and controls.
   9. Prepare a written report for the city manager and city council recommending approval/disapproval of the project. City council may amend, reject or adopt.
   10. When the city council is confident of the scope, cost estimates, timelines, and the viability of the project, the city manager shall facilitate public notice and hearing to describe the project and process.
       1. Notice of a proposed adoption of an ordinance authorizing a road and/or utility project shall be given by publishing a notice once a week for two (2) consecutive weeks in some newspaper of general circulation in the municipality and by other notification methods routinely used by the city.
       2. It shall not be necessary to set out, in full, the ordinance, but the notice shall state the character of the improvement or improvements and the location and terminal points of the improvements.
       3. The notice shall include the time and place of the public hearing, to be scheduled not less than two (2) weeks from the date of first publication of the notice, at which time the legislative body of the municipality shall meet to hear public comments for and remonstrances or protests against the making of the improvement or improvements.
          1. At the time and place appointed, pursuant to Tennessee Code Annotated, § 7-32-105, the legislative body shall meet, and at the meeting, or at the time and place to which the meeting may be adjourned from time to time, all persons whose property may be affected by the improvement or improvements may appear in person or by attorney or by petition and provide comments regarding the making of such improvement or improvements, the material to be used, and the manner of making improvement or improvements. The city council shall consider such comments, objections and protests, if any, and may confirm, amend, modify, or rescind the original ordinance.
          2. Failure to object or protest at the time of confirmation of the original ordinance shall constitute a waiver of any and all irregularities, omissions, and defects in the proceedings taken prior to such a time.
   11. After adoption of the initial ordinance and after the city has determined the entire costs of the project, the city must provide notice of the assessments against property owners, take comments and objections, and hold another hearing on the assessments in accordance with Tennessee Code Annotated, §§ 7-32-121 to 7-32-123.
2. Tennessee Code Annotated, §§ 7-32-121.
   1. When the legislative body has completed apportionment, the city manager, or such person as may be designated by the legislative body of the city, shall publish a notice that the assessment list has been completed, and that, on a day named, which shall be not less than ten (10) days after the date of publication of the notice, the city council will consider any and all objections to the apportionment that have been filed in the office of the city manager or person designated.
   2. The notice shall further recite that the lists are in the office of the city manager or person designated, and may be inspected within business hours and during the time specified by anyone interested.
   3. The notice shall also state the general character of the improvement and the terminal points of the improvement.
3. Tennessee Code Annotated, § 7-32-122. All persons whose property it is proposed to assess for the cost of the improvement or any costs incurred pursuant to Tennessee Code Annotated, § 7-32-101(d) may, at any time on or before the date named in the notice, and before the meeting of the legislative body, file in writing with the city manager or person designated any objections or defense to the proposed assessment or to the amount of the assessment.
4. Tennessee Code Annotated, § 7-32-123. On the date named in the notice, or at any day to which the meeting may be adjourned or to which consideration of the assessments and the objections to the assessment may be postponed, the legislative body shall hear and consider the assessment and objections to the assessment, and, after so doing, shall confirm, modify, or set aside the assessments as shall be deemed right and proper. If any objections to an assessment to pay costs pursuant to Tennessee Code Annotated, 7-32-101(d) are made, the confirmation of the assessment shall require the unanimous approval of the members of the legislative body present at the meeting at which the objection is considered. (Ord. #215-12, Dec. 2015)