The City Council may form the whole or any part of the City into a Municipal Improvement District for the purpose of acquiring, constructing, improving, extending, replacing, repairing, maintaining or operating any public improvements, works, utilities, buildings, structures, facilities or right of use, capacity or disposal in or service thereof.
(Prior code § 9-239)
The City Council shall adopt a resolution declaring its intention to form a district, describing its boundaries, stating its purposes, giving it a name or number, and fixing a time and place when it will hear all persons interested.
(Prior code § 9-240)
Notice shall be given, a hearing shall be held, determination shall be made, and the Council shall act as provided in Articles V and VIII of this code.
(Prior code § 9-241)
The City may purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise, and hold, sell, lease, exchange, transfer, assign, or otherwise dispose of, any real or personal property within the City, or any interest in, or improvement on, the property. All property shall be acquired and held in the name of the City.
(Prior code § 9-242)
City lands or property may be acquired. In that event, the resolution of intention shall describe same and state the amount and manner of payment of the compensation. In lieu thereof, the Council may provide in the resolution that the compensation for the property shall be an amount to be fixed by the decision of two of three disinterested competent appraisers to be appointed by the City Council.
(Prior code § 9-243)
The Council may sell any property acquired for public improvements which is not needed therefor. Any money received from the sale may be used for the acquisition, construction or improving of other public improvements in the district. It may also be applied as a credit on any assessments levied for the acquisition of the property, in which case the provisions of Section 3.76.690 shall apply.
(Prior code § 9-244)
The public improvements may be maintained and operated, and all or any costs and expenses thereof, including rent, repairs, replacement, fuel, power, electrical current, care, supervision, and any other items necessary for the proper maintenance and operation thereof, may be expended for that purpose. Included in the costs may be the cost of replacements, improvements and extensions to any public improvement necessary or convenient for the proper operation thereof.
(Prior code § 9-245)
An annual assessment may be levied upon the real property within the district established therefor for the purpose of acquiring, constructing, maintaining and operating the public improvements. The assessment shall be in an amount clearly sufficient to pay any and all costs and expenses then due or thereafter to accrue before the proceeds of another levy shall be available therefor. The levy shall be apportioned among the properties within the district in proportion to the benefits received; for storm drainage purposes the levy shall be apportioned among the properties within the district on the basis of the adjusted acreage drainage area of the real property.
(Prior code § 9-246)
The City Manager shall annually file with the City Clerk a written report stating in reasonable detail the estimated cost for which an assessment is to be levied in that year. It shall also state the estimated rate of the levy to be made therefor. When the report shall have been preliminarily approved by the Council, the Clerk shall give notice to interested persons that the report has been filed in his or her office and open to inspection, and of the time and place when the report will be heard by the Council and an assessment ordered. The notice may be by publication or by mail.
(Prior code § 9-247)
The report shall be fully heard, and may be altered, amended, or supplemented by the Council. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, the report shall be confirmed by resolution of the Council.
(Prior code § 9-248)
The Council shall fix the final rate of assessment to be levied therefor.
(Prior code § 9-249)
The Director of Finance shall cause the assessments to be placed on the next tax roll on which City taxes are levied and they shall be collected in the same manner, and be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for nonpayment thereof, and title shall pass to the purchaser, as provided for City taxes.
(Prior code § 9-250)
The City may advance funds for the acquisition, constructing or improving of the public improvements, or for the maintenance and operation thereof, and reimburse itself from the proceeds of any assessment subsequently levied for that purpose. It may also make contributions thereto from available funds.
(Prior code § 9-251)
The Council may, at any time, make a pledge or pledges as it shall determine, for the payment of the principal and interest of the bonds, or for the maintenance and operation of the facilities acquired or to be acquired therewith, or for adequate reserves, from the income and revenue of any public improvement acquired or constructed under this code or from the income and revenue of any public improvement similar to and/or related in use or purpose to those acquired or constructed under this code.
(Prior code § 9-252)
The boundaries of the district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the Council, which shall give notice that the matter, and all persons interested, shall be heard by the Council at a time to be stated therein, at the regular meeting place of the Council.
(Prior code § 9-253)
The resolution shall be published, posted and mailed. The hearing may be adjourned from time to time. At the hearing the Council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed.
(Prior code § 9-254)
The Council shall by resolution order the annexation of the territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of the improvements.
(Prior code § 9-255)
The provisions of this article with regard to districts may be applied to existing public improvements, regardless of the manner in which the public improvements were acquired or constructed.
(Prior code § 9-256)