The Council may, with or without petition order any public work
or local improvement and provide for payment of such work by tax on
the City Tax District or the Inside or Outside Tax District, or apportion
it to two or more tax districts, as the Council may determine.
The Council may, on its own motion or on petition, order any
local improvement and provide for the payment of it by special assessment.
10.2.1
Plans and specification. The Council shall cause to
be prepared and filed in the office of the Commissioner of Public
Works a roll consisting of plans and specifications of such work or
improvement, including the estimated cost, estimated amount of damages
to be paid on it (if any), the proposed area of assessment, and the
proportionate amount to be assessed on each property.
The Council shall have authority to choose any fair and equitable
method to determine benefits and apportion assessments to individual
properties in the proposed area.
10.2.2
Hearing and adoption. The Council shall thereupon publish
a notice of hearing thereon, in the same manner as a notice for the
enactment of an ordinance. The notice shall include the estimated
costs, proposed area, and proportionate amounts to be assessed.
At the hearing, the Council may reject the entire plan or reduce
or add to the area, the estimated costs, or proportionate amounts
to be assessed, and thereupon adopt the plan in whole or in part.
Any change or addition that substantially affects any property not
included in the original area shall be renoticed for hearing, as in
the first instance. When adopted, the roll of property affected shall
be filed with the Commissioner of Accounts.
10.2.3
Report of costs. On completion of work or improvement,
the Commissioner of Public Works shall report the cost to the Commissioner
of Accounts, who shall add to it any damages awarded and apportion
the amount on the properties in accordance with said roll and confirm
the same.
10.2.4
Review. Any action or proceeding to review, vacate,
or modify said roll of property after adoption by the Council shall
be commenced within 30 days from the date thereof. Any error in or
omission from said roll or any illegality in whole or in part may
be reassessed as in the first instance. The amounts so assessed shall
be liens on the respective properties, to be collected by sale as
in case of taxes.
The Council may, with or without petition, change the grade
of highways or parts thereof. The Council shall cause a map showing
the intended change to be prepared and filed in the office of the
Commissioner of Public Works and shall publish a notice of hearing
thereon and, on the return or adjourned day, order the change in whole
or in part.
10.3.1
Claim for damages and hearing. Any claim for damages
for such change shall be made in writing to the Council within 30
days from the date of the order, stating the amount claimed and reasons
for the claim. Thereupon, and within 90 days after the date of said
order, the Council shall publish notice of hearing for a day not less
than eight days after the last publication, before Saratoga County
Court or Supreme Court of the district, for the appointment of a person
to ascertain and report said damages regarding all claims. Such appointee
shall have the same powers, and proceedings shall be the same, as
in case of a referee to hear and report, including confirmation thereof
and appeal. Costs of review are at the Court's discretion, unless
a claimant recovers less than 50% of the amount claimed, when such
claimant shall not be entitled to costs.
10.3.2
Appointee's report and Council action. On confirmation
of the appointee's report, the Council may include the ascertained
amount, with costs, in the tax budget or prepare a roll designating
an assessment district with said total apportioned on properties therein,
as it may determine, and shall publish a notice of hearing thereon.
On the return or adjourned day, the Council may correct or change
the roll to meet the equities of the case and confirm the same. The
amounts so apportioned shall be liens on the respective properties,
to be collected by sale as in case of taxes.
10.3.3
Review. An action or proceeding to review, vacate, or
modify the order for such change or said roll shall be commenced within
30 days from the date of each. Any error in or omission from said
roll or any illegality in whole or in part may be reassessed as in
the first instance.
The Council may, with or without petition, order highways or
parts thereof discontinued.
10.4.1
Hearing and Council action. The Council shall cause
a map of any highway proposed to be discontinued to be prepared and
filed in the office of the Commissioner of Public Works and shall
publish a notice of a hearing thereon and, on the return or adjourned
day, order the same closed in whole or in part. If made on petition,
the Council may require the owners of land within the discontinued
highway to pay the expense of the proceeding and damages caused by
it.
10.4.2
Review. Any action or proceeding to review such proceeding
shall be commenced within 30 days from the date of the order. Any
claim for damages for such discontinuance shall be claimed, ascertained,
and paid as provided in the case of a change of grade.
The expense of advertising and printing and compensation of
all persons, other than salaried officers and employees necessarily
employed in any proceeding under this Title, is part of the cost thereof.
