The Council shall have the power to determine the necessity
for public improvements and that the whole or any part of the expense
thereof shall be defrayed by special assessment upon the property
especially benefited, and such determination shall be by resolution
to provide that all special assessments levied shall be based upon
or be in proportion to the benefits derived or to be derived. Such
resolution shall state the estimated cost of the improvement; what
proportion of the cost thereof shall be paid by special assessment;
what part, if any, shall be a general obligation of the City; the
number of installments in which assessments may be paid; and shall
designate the districts or land and premises upon which special assessments
shall be levied.
The Council shall prescribe by general ordinance the complete
special assessment procedure concerning the initiation of projects,
plans and specifications, estimates of costs, notice of hearings,
making and confirming assessment rolls in advance of starting the
improvement, the correction of errors therein, collection of special
assessments, and any other matters concerning the making of improvements
by the special assessment method, subject to the provisions of this
Charter.
Prior to final confirmation of any special assessment, if more
than 50% of the number of owners of privately owned real property
to be assessed for any improvement or, in 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 the
proceedings authorized in this chapter without a four-fifths vote
of the members-elect of the Council.
The City shall have a first lien upon all real property which
are assessed for public improvements, including the abatement of public
hazards or nuisances, and any such lien and the lien for collection
charges and interest thereon shall be of the same character, effect,
and duration, and shall be enforceable in the same manner as the lien
for City taxes. The Council shall provide procedures for the assessment
of said charges.
No judgment vacating any special assessment shall destroy or
impair the lien of the City upon the premises assessed, for such amount
of the assessment as may be equitably charged against the same, or
as by a regular vote or proceeding might have been lawfully assessed
thereon.