§ 22-152. City administrator to maintain list of affected property; estimate of pro rata shares.

(a)

Following design of the subject new street construction, it shall be the duty of the city administrator, or his designated agent, to prepare a list of the individually affected tracts and the estimated pro rata share attributable to each such tract. Such list shall be made available, to the extent practicable, to the owners of all fee interests in the affected properties in advance of the board's action of designating the subject new street construction for participation in the cost participation program. All fee owners not successfully notified shall be identified to the board at the time of action on such designation.

(b)

(1)

It shall also be the duty of the city administrator, or his designated agent, to prepare a list of the individually affected tracts and the pro rata share attributable to each such tract within sixty (60) days of completion of the subject new street construction, which latter list is hereinafter referred to as the "list." Notice of the list shall be filed of record in the office of the county clerk and recorder for the Fort Smith District of Sebastian County in a form to permit notice of the applicability of the participation program to the affected property to be noted in the real property records of that office.

(2)

In the event litigation or other dispute with a contractor, litigation or other dispute with a property owner regarding necessary right-of-way, or any other occurrence causes an adjustment in the total street development cost subsequent to the preparation of the list and the issuance of the notice described in (b)(1) above, upon final determination of the amended total street development cost, the city administrator shall prepare an amended notice of the list of the individually affected tracts and the pro rata share attributable to each such tract within a reasonable period of time. The amended notice of lists shall be filed of record in the office of the county clerk and recorder of the Fort Smith District of Sebastian County and the list shall be made available, to the extent practicable, to the owners of all fee interests in the affective properties.

(c)

Upon written request to the city administrator, notice shall be given within a reasonable time to the requesting party of the most current estimate of the dollar value of the participation cost of any identified tract of property. Except with reference to the filing of notice of the list with the office of the county clerk and recorder for the Fort Smith District of Sebastian County, failure to provide any of the foregoing notices or lists shall not be defective to the right of the city to collect the applicable participation cost under this article.

(Code 1976, § 27-97; Ord. No. 9-03, §§ 1, 3, 3-4-03)