[§ 150, L.L. No. 4-1925; L.L. No. 27-1928]
Any public improvement or work, the expense of which, as provided in §
5-33, is directed by the Council to be assessed in whole or in part upon the property deemed benefited shall be known as a "local improvement." Any improvement or work, the expense of which is charged wholly to the City at large, shall be known as a "municipal improvement."
[§§ 151, 152, L.L. No. 4-1925; L.L. No. 26-1928; § 1, L.L. No. 9-1988]
The Council may, by an ordinance
adopted by the affirmative vote of ¾ of its members, require
the paving or any embellishment or any special care of any street
or streets as a local improvement. Any such ordinance may be adopted
by a majority vote of the Council, provided that a petition requesting
such work is presented to the Council, signed by property owners responsible
for at least 25% of the proposed assessment. If, however, a petition
opposing the local improvement or work is presented to the Council
at least 24 hours before the meeting at which the Council proposes
to adopt such ordinance, signed by property owners responsible for
at least 50% of the proposed assessment, then the affirmative vote
of ¾ of the Council shall be necessary for the adoption of
such ordinance.
[§ 2, L.L. No. 9-1988]
Except as provided in §
13-2, a local improvement ordinance may be adopted by the affirmative vote of a majority of the Council. Even in a case where a petition is not necessary for the adoption of the local improvement ordinance, the Council may accept a petition from affected property owners. Any petition must include a description of the improvement or work requested, the boundaries of the proposed assessment district and a proposed formula for allocating the costs among the properties in the district. By signing a petition, the affected property owners agree, for themselves and their successors, to pay the local improvement assessments according to the terms set forth in the petition.
[L.L. No.
15-1963; L.L.
No. 5-1974; repealed by § 3, L.L. No. 9-1988]
[§ 154, L.L. No. 4-1925; L.L. No. 9-1930; L.L. No. 9-1977; § 4, L.L. No. 9-1988; § 5, L.L. No. 10-2009]
A public hearing shall be held on
all ordinances requiring any local improvement at the next regular
meeting of the Council following the introduction of the ordinance.
The City Clerk shall cause to be published in an official newspaper
of the City a notice of such hearing at least three days prior thereto.
[§ 153, L.L. No. 4-1925; L.L. No. 10-1930; L.L. No. 9-1977; § 1, L.L. No. 4-1983; repealed
by § 3, L.L. No. 9-1988]
[§ 155, L.L. No. 4-1925; L.L. No. 2-1931; L.L. No. 7-1988; §§ 5, 6,
7, L.L. No. 9-1988]
An ordinance requiring a local improvement
shall contain:
A. A description of the improvement or work
to be done.
B. The limits of the district of assessment.
C. A designation of the amount of the cost
to be borne by the said district.
D. A statement of the amount, if any, of the
cost chargeable to the City at large and of the fund from which it
shall be paid.
E. A statement of the specific method to be
used in distributing the assessable portion of the cost on the property
within the district of assessment, to reflect the relative benefit
to each.
F. For capital improvements, the number of
installments in which the assessment is payable, as well as the interest
rate to be charged. The final installment shall be due not more than
15 years after the completion of the improvements.
G. Whether the assessments shall be levied
after the completion of the improvement or work based on actual cost
or before the completion of the improvement or work based on an estimate
of the cost.
H. The procedure to be used in billing the
local assessments to the owners of property within the district of
assessment, whether on the tax bill or by separate bill.
[§ 8, L.L. No. 9-1988]
For capital improvements, the local improvement ordinance shall specify the maximum cost of the improvement or of the assessable portion of the improvement. For ongoing work or services, the ordinance shall specify the maximum cost of the work or of the assessable portion of the work for at least the first year. The maximum cost for subsequent years shall be set forth in subsequent ordinances, each one adopted after a public hearing as provided in §
13-4.
[§ 156, L.L. No. 4-1925; L.L. No. 16-1928; L.L. No. 8-1970; L.L. No. 2-1975; L.L. No. 3-1975; § 9, L.L. No. 9-1988]
As soon as practicable after the
adoption by the Council of an ordinance authorizing a local improvement,
the Purchasing Agent, unless the Council by ordinance determines that
it is impossible or impracticable to have said work done by competitive
contract, shall advertise for and receive sealed bids for the work.
The Council shall establish the procedure in connection with the award
of contracts for local improvements.
[§ 11, L.L. No. 9-1988]
The Director of Finance shall prepare
and submit to the City Council a roll or rolls of all local assessments
required to be assessed pursuant to each local improvement ordinance.
Such roll or rolls shall state the amount of the assessment for each
parcel of property within the district of assessment. The City Council
shall, after a public hearing and after making any amendments or corrections
to any of said amounts as it may deem proper, confirm said roll or
rolls. After confirmation by the Council, the assessments shall be
billed as directed in the local improvement ordinance.
[§ 157, L.L. No. 4-1925; L.L. No. 5-1974; L.L. No. 9-1977; repealed by § 10, L.L. No. 9-1988]
[§ 12, L.L. No. 9-1988]
All local assessments collected by
the City Treasurer shall be paid into a local improvement fund or
funds, to be used exclusively in providing the district improvement
or work for which they were assessed. With respect to assessments
levied for ongoing work or services, any deficit or surplus remaining
after the completion of the work shall be carried over in the fund
into the next fiscal period and shall be included in the amount to
be levied as assessments in that period.
[§ 158, L.L. No. 4-1925; § 183 1/2, L.L. No. 4-1925, as added
by L.L. No. 1-1940; L.L. No. 10-1956; L.L. No. 4-1965; L.L. No. 12-1972; L.L. No. 5-1974; L.L. No. 9-1977; § 7, L.L. No. 2-1983; repealed by § 10, L.L. No. 9-1988]
[§ 159, L.L. No. 4-1925; L.L. No. 3-1966; repealed by § 1, L.L. No. 2-1983]
[§ 160, L.L. No. 4-1925; L.L. No. 14-1932; L.L. No. 12-1938; repealed by § 1, L.L. No. 2-1983]
[§ 161, L.L. No. 4-1925; L.L. No. 16-1932; L.L. No. 5-1974; repealed by § 1, L.L. No. 2-1983]
[§ 162, L.L. No. 4-1925; L.L. No. 8-1930; repealed by § 1, L.L. No. 2-1983]