§ 38-1377. Sharing of costs of implementing and maintaining applicable general recommendations of executive summary report and streetscape master plan and of costs of installing overhead transmission lines underground.

(a)

(1)
   The costs of implementing and maintaining the roadway landscape features of the executive summary report and the streetscape master plan (unified street lighting, unified landscaping, mast arm signals, specialty paving, walls, monuments and other architectural features within the rights-of-way of major roads and as referenced in the streetscape master plan) shall be borne solely and shared proportionately by the owners of the commercial properties within the CVC equal to the square footage allocated per parcel for commercial use under the chart in section 38-1372. All of those properties shall be deemed specially benefitted by those features.

(2)

The costs of installing overhead transmission lines underground shall also be borne solely and shared proportionately by the owners of the commercial properties within the CVC equal to the square footage allocated per parcel for commercial use under the chart in section 38-1372. All of those properties shall be deemed specially benefitted by those features.

(3)

The costs incurred under subsections (a)(1) and (a)(2) above, excluding those for maintenance, shall not exceed seven hundred thirty thousand dollars ($730,000.00) in 1996 dollars. The costs for maintenance shall not be capped.

(4)

The improvements identified in subsections (a)(1) and (a)(2) above shall be installed in the following prioritized order:

a.

Overhead transmission lines;

b.

Mast arm signals; and

c.

Streetscape.

(b)

Those costs shall be assessed, allocated and may be collected pursuant to a municipal service taxing unit (MSTU) or MSTUs, municipal service benefit unit (MSBU) or MSBUs, or other special assessment district or districts to be established at a public hearing generally applicable to the Four Corners CVC.

(c)

Costs or assessments paid by any owner of nonresidential property in the Four Corners CVC prior to the establishment of an MSTU, MSBU or other special assessment district shall be appropriately credited and/or reimbursed upon implementation of the MSBU, MSTU and/or other special assessment district.

(Ord. No. 96-36, § 1, 11-12-96; Ord. No. 98-37, § 24, 12-15-98)