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262 <br /> <br />the rear of 212 Cleveland Avenue, and to create a special <br />assessment district comprised of the properties abutting such <br />improvements; and <br /> <br /> WHEREAS, pursuant to such notice, this Council has, at <br />its regular meeting on January 4, 1993, duly conducted a <br />public hearing at which the owners of such abutting <br />properties were heard for or against such improvements; as <br />required by S. 15.1-239, et seq. of the~Code of Virginia, as <br />amended; NOW, THEREFORE, <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville: <br /> <br /> A. That the Willard Drive/Cleveland Avenue area storm <br />drainage improvements including, but not limited to, <br />installation of a 30" storm sewer beginning at an inlet at <br />the rear of 324 Cleveland Avenue to just east of Willard <br />Drive at 2500 Willard Drive and installation of a 24,, storm <br />sewer across Willard Drive to the end of the existing 24" <br />sewer at the rear of 212 Cleveland Avenue, is hereby <br />approved for the Willard Drive/Cleveland Avenue area. <br /> <br /> B. That a special assessment district be created <br />comprising all parcels of land abutting such improvements and <br />that such properties be assessed a portion of the cost of <br />such improvements in the manner authorized by the last cited <br />state code provisions, and as more particularly described in <br />the attached Exhibit "A;" but in no event shall the costs of <br />such assessments exceed fifty percent (50%) of the total <br />costs of the improvements. The amounts assessed pursuant to <br />this resolution shall be billed to the owners of such <br />properties and charged to and collected by the City of such <br />properties and charged to and collected by the City Treasurer <br />in the manner prescribed by law; provided that the owner of <br />any such property may elect to pay his or her assessment in <br />four (4) or fewer annual installments, In the event any <br />installment of such assessment is not paid on or before its <br />due date, the owner shall incur a penalty of five percent <br />(5%) of the amount of such delinquent installment. In the <br />event any owner of such property elects such installment <br />method of payment, the Treasurer shall also charge and <br />collect interest on the remaining unpaid balance thereof and <br />any penalties~ at an annual interest rate not to exceed the <br />rate of one-year United States Treasury Bills at the time of <br />the final assessment ordinance is adopted. <br /> <br /> C. Notwithstanding any other provisions of this <br />resolution, certain elderly or permanently and totally <br />disabled property owners meeting the eligibility conditions <br />contained in the City Code Section 30-96, et seq., shall have <br />the right, if they so choose, to postpone payment of the <br />assessment hereby created until the sale of the subject <br />property or the death of the last eligible owner, whichever <br />first occurs. Interest rate on such assessment, if an <br />eligible owner chooses postponement, shall not begin accruing <br />on the unpaid balance until after the date on which the <br />entire assessment is due and owing. <br /> <br /> D. That the City Manager, or his designee, is <br />authorized and directed to act on behalf of the city, to <br />contract with the Engineers for such additional engineering <br />services as may be necessary to secure construction bidding <br />and final costs for this project. <br /> <br /> E. That, if the projected costs of the project <br />following construction bidding do not exceed the estimated <br />costs set forth in Exhibit "A" hereto, the City Manager or <br />his designee is further authorized to implement this project <br />by contracting with the lowest responsive and responsible <br />bidder, and causing the project to be completed. <br /> <br />F. That the City Manager be further authorized and <br /> <br /> <br />