[Ord. No. 221,
passed 1-23-1961]
The short title of this chapter shall be the "Special Assessment
Procedure Chapter."
[Ord. No. 221,
passed 1-23-1961]
This chapter prescribes the special assessment procedure governing
the initiation of public improvement projects, the preparation of
plans and cost estimates, the creation of special assessment districts,
notices and hearings, the making of special assessment rolls, the
correction of errors in such rolls, the confirming of special assessment
rolls, the number of installments in which special assessments may
be paid, the collection of special assessments, the making of additional
assessments where the original special assessment roll proves insufficient
to pay the cost of the improvement or the cost of the repayment of
the principal of and interest on money borrowed to pay for such improvement,
refunds on excessive assessments, and other matters concerning the
making and maintaining as well as financing of improvements by the
special assessment method.
[Ord. No. 221,
passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
Public improvement projects may be initiated either by petition
from the interested property owners or by Council. Petitions for public
improvement projects shall be submitted to the City Assessor on forms
furnished by him or her.
[Ord. No. 221,
passed 1-23-1961]
A public improvement project may include, or may consist solely
of, the maintenance, cleaning, repair or restoration of public property,
and specifically may include the cleaning and repair of public parking
lots and snow removal therefrom.
[Ord. No. 221,
passed 1-23-1961]
Before commencing any public improvement project, Council shall
first obtain a survey and report by the City Manager concerning the
need for, desirable extent of, and probable cost of such proposed
public improvement.
[Ord. No. 221,
passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
If the decision be to proceed with a project, Council shall
hold a public hearing on the necessity of the making of such public
improvement. Notice of this hearing shall be published in a newspaper
published within the City, and served by first class mail addressed
to the owner of each parcel concerned, according to the record of
the City Assessor, which publication and mailing shall be made not
less than seven days prior to the date of the hearing. Such notice
need not state the legal descriptions of the lands within the special
assessment district, but shall be sufficient if so drawn as to afford
reasonable notice of the lands to be affected. A public hearing of
necessity shall not be required when a petition for a public improvement
is signed by all of the owners of properties to be assessed therefor.
After the hearing of necessity, Council shall determine by resolution
to proceed or not to proceed with the proposed public improvement.
If, prior to the adoption of the resolution to proceed with the making
of the public improvement, written objections thereto have been filed
with the owners of property in the district which, according to the
City Manager's report, will be required to bear more than 50%
of the cost thereof, or by a majority of the owners of the property
to be assessed, no resolution determining to proceed with the improvement
shall be adopted, except by the affirmative vote of five members of
Council.
[Ord. No. 221,
passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
If the decision be to proceed, said resolution shall direct
the City Assessor to prepare the special assessment roll for the proposed
project and shall state the estimated life of the project, the amount
to be assessed, the basis for assessment, the locality constituting
the district to be assessed, and other conditions that should be considered.
Upon receiving such order and directions, the City Assessor shall
make out an assessment roll, entering and describing therein all the
lots, premises and parcels of land to be assessed, with the names
of the persons, if known, chargeable with the assessments thereon,
and shall levy thereon and against such persons the amounts to be
assessed, in the manner directed by Council and the provisions of
this chapter applicable to the assessment, and if the several descriptions
thus to be assessed in any special assessment district shall extend
into more than one ward by themselves, separate from those of the
others. In all cases where the ownership of any description is unknown
to the City Assessor, he or she shall, in lieu of the name of the
owner, insert the name "Unknown"; and, if by mistake or otherwise,
any person shall be improperly designated as the owner of any lot,
parcel of land or premises, or if the same shall be assessed without
the name of the owner, or in the name of a person other than the owner,
such assessment shall not, for any such cause, be vitiated, but shall,
in all respects, be as valid upon and against such lot, parcel of
land or premises as though assessed in the name of the property owner,
and when the assessment roll shall have been confirmed, be a lien
on such lot, parcel of land or premises and collected as in other
cases. When the City Assessor shall have completed the special assessment
roll, he or she shall sign it and report the same to the City Manager
for submission to Council.
[Ord. No. 221,
passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
After the filing of the special assessment roll, Council shall set a date for a public hearing on the proposed roll and number it consecutively. Notice of this hearing shall be given as provided in Section 208.06. Said hearing shall be held regardless of the number of signers of any petition. At the time and place appointed for the purpose, as aforesaid, Council and the City Assessor shall meet and there, or at some adjourned meeting, review the assessment and hear any objections to any assessment which may be made by any person deeming himself or herself to be aggrieved thereby. Council may correct said roll as to any assessment or description of premises appearing therein, and may confirm it as reported, or as corrected; or Council may refer the assessment back to the City Assessor for revision; or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the City Assessor shall make an endorsement upon the roll showing the date of confirmation.
[Ord. No. 292,
passed 9-28-1970; Ord. No. 700, passed 1-23-2006]
Upon the confirmation of any special assessment, the amount thereof may be divided into not more than 10 installments, one of which shall be collected each year, at such times as Council shall determine, with annual interest at a rate not exceeding that allowed by State legislation, but the whole assessment after confirmation may be paid to the City Assessor at any time in full, with the proportionate interest thereon. All special assessments, except such installments thereof as Council shall make payable at a future time, as provided in Section 208.08, shall be due and payable upon confirmation.
[Ord. No. 221,
passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
Should any lots or lands be divided after a special assessment
thereon has been confirmed and divided into installments, and before
the collection of all the installments, the City Assessor shall apportion
the uncollected amounts upon the several parts of lots and lands so
divided. The report of such apportionment, when confirmed by Council,
shall be conclusive upon all the parties, and all assessments thereafter
made upon such lots or lands shall be according to such division.
[Ord. No. 221,
passed 1-23-1961]
Should any special assessment prove insufficient to pay for
the improvement or work for which it was levied, and the expenses
incident thereto, Council may make an additional pro rata assessment
to supply the deficiency; and in case a larger amount shall have been
collected than was necessary, the excess shall be refunded ratably
to those by whom it was paid, provided that when such excess is less
than 5% of the total amount of the assessment roll, the excess may
be placed in the General Fund. No additional assessment for any public
improvement which exceeds 25% of the original assessment shall be
made, unless such additional assessment be reviewed at a meeting of
Council, for which meeting notices shall be published as provided
in the case of a review of the original special assessment roll.
[Ord. No. 221,
passed 1-23-1961]
The cost of any special assessment improvement project shall
include the cost of surveys, plans, rights of way, spreading of rolls,
notices, advertising, financing and construction and all other costs
incident to the making of special assessments therefor and the financing
thereof. Fringe benefit costs and a reasonable amount for overhead
may also be included in the cost of the project.
