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City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[§ 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[L.L. No. 15-1963; L.L. No. 5-1974; repealed by § 3, L.L. No. 9-1988]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]