(a)
Except where an improvement or improvements are made pursuant to Section 24-3.2 or Section 24-3.3, the County may pay out of any funds available for such purposes the cost of engineering, incidentals, inspections, surveys, maps, plans, specifications, other engineering data, land acquisition, publication of notices of hearing, mailing notices to owners and lessees, services of legal counsel, services of bond counsel, printing of bonds, preparation and printing of an official statement relating to the bonds, publication and distribution of the notice of sale of bonds, execution and delivery of bonds, registrars' and paying agents' fees and expenses, other reimbursements to registrars and paying agents and publication and mailing of notices of redemption, rating agency fees, the cost of funding a debt service reserve fund for the payment of the principal of and interest on bonds, premiums for municipal bond insurance to insure the timely payment of the principal of and interest on bonds and/or to insure in lieu of funding a debt service reserve fund for bonds and fees for letters of credit and other credit enhancements to secure the timely payment of the principal of and interest on bonds. The County may also assume the following costs: in case of an improvement district which is assessed only on a frontage basis, the cost assessable against the frontage or frontages of an adjoining or cross street, or in the case of an improvement district which is assessed on an area basis or an area and frontage basis, the cost of improving the surface area common to both streets at the intersection of any cross street or one-half of the surface area opposite the intersection of any adjoining street, and fifty percent (50%) of the total cost of general improvements (which is the cost of the entire improvement, excluding such cost heretofore mentioned in the preceding sentence as may be paid by the County and the cost for the sewer system and driveway aprons) upon or along all main or general thoroughfares, as hereinafter defined and upon or along all other streets or highways; provided that in the case of a main or general thoroughfare, the County may pay out of available funds the cost of all or any part of that portion of a pavement in excess of standard widths. A main or general thoroughfare within the meaning hereof is any street or highway as is subjected to more than ordinary traffic and travel by the general public, or which serves as a generally necessary connecting thoroughfare between substantially different or naturally separate localities or sections, or which serves as a generally necessary connecting thoroughfare between districts.
(b)
The Council, whenever in its judgment determines that the interests of the County will be best served by protecting the County from claims for damages from surface waters, may provide for the collection and disposition of stormwaters by proceeding independently of any other improvement, or may make such matter a part of any other improvement proceedings, and, in either event, pay the whole or any part of the cost thereof out of available funds, or may assess the whole or any part of the cost thereof according to the benefits arising therefrom and in the manner provided for apportioning assessments for general improvements. It shall be lawful for the County to assume and pay out of such available funds all or any part of the cost of acquiring any new land required for any improvement under the provisions of this Chapter.
(c)
Notwithstanding the provisions of Subsection (a) of this Section, the County shall not bear the costs of inspections requested to be made during any hour after the normal working hours of the County in any workday, or on a Saturday, Sunday or legal holiday.
(d)
Land Exempt from Taxation.
(1)
Whenever any public land, or any land by law exempted from assessments of the character provided for in this Chapter forms part of any improvement district or fronts upon or is situated with relation to any special improvement or area to be so improved in a manner that the land would, if privately owned or not exempt from assessments be subject to assessment, the Council shall, nevertheless, without assessing public or exempted land for any part of the cost of improvement, by general ordinance appropriate and pay toward improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in lump sum, or, at the election of the Council, in equal installments with interest thereon as the Council shall determine.
(2)
In the event, however, any part or parts of exempt lands as described in the preceding sentence, except public lands, may be required for right-of-way or easement purposes within improvement districts the value thereof shall be chargeable to the improvement district, and upon acquisition the owner shall be compensated therefor in the following manner:
(A)
Where the value of the part taken together with any severance damages exceeds the portion of the cost of the improvements which would otherwise be assessable against the exempt land, the County shall pay the difference to the owner or owners;
(B)
Where the value is less than the portion of the cost of improvements which would otherwise be assessable against the exempt lands, the value of the land shall be deducted therefrom and the County shall pay the balance of the assessment as provided in this Chapter.
(3)
With respect to any proposed improvement where any part of the cost is thus to be borne by the County, the Council shall have the same right of approval or protest as though the County were the private owner of the public or exempted land so involved.
(4)
As to such expenditure for public and exempt lands, the County shall be entitled to be reimbursed out-of-state revenues by appropriations to be made from time to time by the legislature to the extent of fifty percent (50%) of all assessments regularly apportioned against persons, corporations or entities, which are part of any improvement district or frontage improvement and are exempted by law from the payment of assessments.
(5)
The County shall be entitled to be likewise reimbursed for the full amount of assessments regularly apportioned against public lands which are a part of any improvement district or frontage improvement, which public lands are owned in fee simple by the United States, or by the State, and which are not set aside for schools maintained by the County, or for County parks, or for other County purposes or for street areas or frontages, provided that in case any land exempted by law from assessments are provided in this Chapter other than public land, or any part thereof, is sold or leased after the establishment of a frontage improvement or an improvement district, the grantee in the one case and the lessor in the other, shall assume the payment of assessments from the date of the sale or lease in the same manner as if the property had not been exempted from assessments and as if assessments apportionable against the property had been paid in installments to the date of sale or lease; and that all payments received from the grantee or lessor, as the case may be, shall be paid into the permanent improvement fund.
(6)
Nothing in this Section shall be taken to prejudice any rights of the State to reimbursement from the United States for assessments assumed by the State, but the latter shall be subrogated to the rights of the County on the assessments so assumed.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)