[Adopted 7-3-1968 as Ch. 8 of the 1968 Code]
As used in this article, the following terms shall have the meanings
indicated:
LOCAL IMPROVEMENT
Any improvement, work or benefit whether done by the city with its
own employees or by contract, the cost of which, or part thereof, is to be
borne by the abutting property or the property benefited, or its owner.
Upon the recommendation of the City Manager, the City Council may by
resolution provide for the undertaking of a local improvement. The Council
shall by resolution determine initially the property to be benefited by said
local improvement, and shall order a public notice to be published twice in
the official newspaper of the city. The first notice shall be published not
less than 10 days and not more than 30 days prior to the public hearing. The
second notice shall be published at least five days prior to the public hearing.
The public notice shall generally describe the nature of the proposed
local improvement, and shall also generally describe the area deemed to be
benefited by said local improvement. The notice shall further specify the
time, date and place of public hearing to be held before the City Council.
Before the city shall undertake any project the cost of which, or part
thereof, is to be borne by the abutting property, or the property benefited
or its owner, the City Council shall hold a public hearing after public notice
as hereinabove provided. Upon such hearing, the City Council shall hear the
objections of interested parties, and may adjourn from time to time to complete
such hearing. After such hearing, the City Council may make such changes,
additions or omissions as it deems proper in the proposed local improvement
without the necessity of a further hearing, and may by resolution direct the
commencement of said local improvement either by city forces or by contract.
The City Council shall, in its resolution authorizing and directing
the undertaking of said local improvement, state the estimated cost of said
improvement and establish the manner and method of determining the proportionate
share of all or part of the cost to be borne by the abutting property, or
the property benefited, and the portion, if any, to be borne by the city as
a whole.
In case any apportionment or assessment heretofore or hereafter made
for a local improvement shall have been or shall be set aside by any court
of this state having competent jurisdiction, or shall fail or shall have failed
through any irregularity in making or confirming such apportionment or assessment,
it shall be lawful for and be the duty of the City Council forthwith to cause
a new apportionment or assessment, including the interest and expenses of
the former apportionment or assessment, to be made and to be levied and collected;
and such new apportionment and assessment shall have the same force and effect
as though no former apportionment or assessment had been made.