When, by both the provisions of the City Charter and the laws
of the state, the City Council shall have power to make a public improvement
by special assessment, it shall, by resolution, set forth the improvement
intended to be made and direct the City Manager to prepare a report,
with the assistance of the engineer, containing any information it
may request concerning such improvement.
The City Manager shall request the engineer, if one is retained,
to prepare, or cause to be prepared, plans and specifications of the
improvement to be made, an estimate of the life of the improvement
and the cost thereof, and plats of the lands affected thereby, and
such other information as the Council may have requested.
The City Manager shall prepare his/her report and include in
it a schedule of all property affected by the proposed improvement,
listing the assessed valuation, tax delinquencies, whether land is
vacant or improved, and pertinent information on such parcels as are
owned by public authorities, and such other information as the Council
may have requested, and shall present it to the Council along with
the plans and specifications of the engineer, together with his/her
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which the assessment should
be spread and the lands which should be included in the special assessment
district.
After the filing of the report and plans and specifications
referred to in Sections 17-6 and 17-7, the Council shall, by
resolution, order the same filed with the City Clerk and provide for
a public hearing before them on the improvement to be made, which
hearing shall be not less than one week after notice thereof has been
given by first class mail to the owner of each lot or parcel of land
affected thereby at their address or the last address shown on the
last tax roll of the City and by publication at least once in a newspaper
of general circulation in the City, to be designated by the Council.
At the time and place specified in the notice for the public
hearing, as provided in Section 17-8, the Council shall meet
and hear any person to be affected by the proposed public improvement.
The hearing may be adjourned from time to time by the Council and
the Council may make any changes in the proposed work or assessment
which shall seem reasonable or proper in view of any objections, or
for any other reason which may appear to be for the best interests
of the City; provided, that if the improvements intended to be made
are enlarged upon or additions made to the district to be assessed,
the same shall not be done until after another hearing is held pursuant
to notice as required by original hearings.
After the public hearing, as provided for in Sections 17-8
and 17-9, the Council may, by resolution, determine to make the improvement
and defray the whole or any part of the cost of the improvement by
special assessment upon the property especially benefited in proportion
to the benefits derived, or to be derived, and designate whether it
is to be assessed according to frontage or other basis. By such resolution
the Council shall approve the plans and specifications for the improvements,
the rate of interest to be charged on installments not to exceed 15%
per annum, designate the district or land and premises upon which
special assessments shall be levied, direct the Assessor to prepare
a special assessment roll in accordance with the Council's determination,
and designate the name by which such assessment roll shall be known
and referred.
The City Assessor shall thereupon prepare a special assessment
roll, as referred to in the preceding Section, including all lots
and parcels of land within the special assessment district designated
by the Council, and shall assess to each such lot or parcel of land
such relative portion of the whole sum to be levied against all the
lands in the special assessment district as the benefit to such lot
or parcel of lands bears to the total benefits to all lands in such
district. There shall also be entered upon such roll the amount which
has been assessed to the City at large.
When the City Assessor shall have completed the special assessment
roll referred to in the two preceding Sections, the Assessor shall
attach thereto, or endorse thereon, his/her certificate to the effect
that such roll has been prepared by him/her pursuant to a resolution
of the Council (giving the date of adoption of same) and that in making
the assessments therein he/she has, as near as may be, according to
his/her best judgment, conformed in all respects to the directions
contained in such resolution and the City Charter and the provisions
of this article. Thereupon, the Assessor shall file such special assessment
roll with the City Clerk who shall present the same to the Council.
Upon receipt of the special assessment roll, as provided in
the preceding section, the Council shall order it filed in the office
of the City Clerk for public examination, and shall by resolution
fix the time and place when the Council will meet and review such
roll, which meeting shall be held not less than one week after notice
thereof specifying the purpose, time, and place has been given by
first class mail to the owner of each lot or parcel of land affected
thereby at their address or the address shown on the last tax roll
of the City, and by publication at least once in a newspaper of general
circulation in the City, to be designated by the Council.
Any person deeming themselves aggrieved by the special assessment
roll may file their objections thereto in writing with the City Clerk
prior to the close of the hearing thereon, as provided for by this
chapter, which written objections shall specify in what respect they
deem themselves aggrieved.
The Council shall meet and review the special assessment roll
provided for by this article at the time and place appointed or at
an adjourned date therefor and shall consider any written objections
thereto.
The Council may correct the special assessment roll provided
for by this article as to any assessment or description or any lot
or parcel of land or other errors appearing therein. Any changes made
in such roll shall be noted in the Council minutes.
After hearing and review, as provided for by this article, the
Council may confirm such special assessment roll with such corrections
as may have been made, if any, or may refer it back to the City Assessor
for revision or may annul it and any proceedings in connection therewith.
The City Clerk shall endorse the date of confirmation upon each
special assessment roll and upon confirmation such roll shall be final
and conclusive.
If, at or prior to final confirmation of any special assessment,
more than 50% of the number of owners of privately owned real property
to be assessed for any improvement, or in the case of paving or similar
improvements more than 50% of the number of owners of frontage to
be assessed for any such improvement, shall object in writing to the
proposed improvement, the improvement shall not be made by proceedings
authorized by this chapter without a 4/5 vote of the members of the
Council; provided, that this section shall not apply to sidewalk construction.
In the event that all persons or property owners to be affected
by any proposed improvement agree that such proposed improvement be
made and that a special assessment be levied in connection therewith,
the City may, in lieu of the procedure set forth in this chapter,
enter into a written contract with all of the persons or property
owners affected thereby, which contract when properly approved and
executed shall operate as a complete special assessment procedure
and the assessment shall be made in accordance with such contract.