The Council may, in districts to be prescribed, order the construction,
reconstruction, replacement, renewal or extension of:
(a) Paving, grading, curbing, guttering or otherwise improving the whole
or any parts of any streets, alleys or other rights-of-way in the
City or any combination of improvements;
(b) Grades, crosswalks, culverts, drains, manholes, catchbasins;
(c) Sewers and sewer facilities, water main facilities and other lines,
street lighting and others;
(d) Any local improvement and renewals or extensions thereof which benefit
the land abutting such improvements, such as sidewalks, water mains;
(e) The necessary construction and the installation of lighting;
(f) Sewage disposal works and renewals or extensions thereof;
(g) Other public works as may be considered necessary and authorized
by the City Council;
(h) Providing of landscaping and beautification of an area or areas within
the district or for the providing of other aesthetic improvements.
The Council may also create local improvement districts for
the purpose of developing an improvement plan for a district with
subsequent formation of smaller districts.
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(Code 1994 § 28-26)
(a) In establishing any improvement district, the City Council shall
observe the following:
(1) Before ordering any improvement, the Council shall adopt details
and specifications for the improvement; determine the number of installments
and the time in which the cost shall be payable; determine the rate
of interest on the unpaid installment; and determine the lands to
be assessed for the improvements. The City Manager shall provide an
estimate of the total cost of such improvements and a map of the lands
to be assessed, exclusive of the cost of collection and other incidental
costs.
(2) The Council shall, by advertisement for one issue in a newspaper
of general circulation, give notice to the owners of the real estate
in the district and to all persons generally interested, without naming
such owners or persons, of:
(i) The kinds of improvements proposed;
(ii)
The number of installments and the time in which the cost of
the improvements will be payable;
(iii)
The rate of interest on unpaid installments;
(iv)
The extent of the district to be assessed, by boundaries or
other brief description;
(v) The probable cost as shown by the total estimate of the City’s
engineer(s);
(vi)
The maximum total estimate per front foot where the assessment
is made per front foot, or per square foot of lot where the assessment
is made according to the area that will be assessed upon any lot or
lands in the district and, in case the assessment shall be made otherwise
than per front foot or square foot, the maximum share to be assessed
upon any lot or lands in the district or to any persons shall be stated
according to the method of assessment adopted;
(vii)
The time, not less than 30 days after advertisement, when the
Council will consider the proposed improvements and hear all complaints
and objections that may be made by the owner of any real estate to
be assessed or any interested persons; and
(viii)
The fact that the map and estimates and all proceedings of the
Council are on file and can be examined at the office of the City
Clerk during business hours at any time within the 30 days, by any
interested person.
(b) Except as provided in this section, all improvements made under the
provisions of this article shall be constructed by independent contractors
and all contracts shall be procured and let by the City Manager with
the approval of the City Council. The City may, under the provisions
of this article, provide for the doing of the work by hiring labor
and may arrange for the purchase of the necessary material under the
supervision of the City Manager.
(c) Districts may be formed by the City Council pursuant to petition(s)
of the owners for any improvement provided in this article. The petition
must be subscribed and acknowledged in the manner provided by law
for acknowledgements of deeds of conveyances of real estate, by the
owners or their agents duly authorized by power of attorney. No petitioner,
heir, successor or assign shall be permitted to withdraw his name
from the petition after such petition has been filed with the Council
unless the Council fails to order such improvements upon petition
within the time specified in the petition filed. On all projects the
Council shall have discretionary power to elect the type and specifications
of the project and materials.
(d) All proceedings by the Council may be modified, confirmed or rescinded
at any time prior to the adoption of the resolution authorizing the
improvements; provided, that no substantial change in the district,
map details, specifications or estimate shall be made by the City
Council without further notification equivalent to that made in the
first publication of the notice to the property owners.
(e) If at the time of the adoption of the resolution authorizing the
improvements, any real estate in the district has the whole or any
part of the proposed improvements, conforming or approximately conforming
to the general plan, the Council may adopt the same in whole or in
part, or make the necessary changes to make the same conform to the
general plan. The owner of such real estate shall, when the assessment
is made, be credited with the amount which is saved by reason of adopting
such existing improvements.
(f) The findings of the City Council by resolution that any improvements
provided for in this article are duly ordered after notice was duly
given, or that petition or remonstrance was or was not filed, or was
or was not duly subscribed and acknowledged by the required number
of owners, as in this article provided, shall be conclusive in every
court.
(Code 1994 § 28-27; Code 1965 § 18-4(a) –
(d), (g) – (i))
(a) In case of any improvement made pursuant to this article, the cost
of such improvements, or such part thereof as may be assessed against
the property specially benefitted, may be assessed without regard
to lot or land lines, on a frontage, zone or other equitable basis
in accordance with benefits as the same may be determined by the City
Council.
(b) When the City Council determines that any improvement authorized
by this article results in special benefits to both the City and the
abutting property owner, that portion of the cost of the improvement
which results in special benefit to the City may be assessed against
the City and be payable in installments, as provided in this article.
The determination by the City Council as to the property to be assessed
and the amount of special benefit shall be conclusive.
(Code 1994 § 28-28; Code 1965 §§ 18-5, 18-6)
When any real estate is V-shaped or of any irregular form, the
Council may make adjustment or change in the assessment thereon as
equitable and just, or may refuse to make any adjustment or change.
(Code 1994 § 28-29; Code 1965 § 18-9)
The City Council may order the construction or reconstruction
of sidewalks other than in improvement districts whenever in the opinion
of the Council that shall be proper, because sufficient sidewalks
have been laid in the vicinity to make it reasonable that intervening
sidewalks should be provided, or existing sidewalks should be reconstructed.
In all such cases, the City Council shall notify the owner to construct
or reconstruct such sidewalks within 30 days, or other period of time
established by the Council, from the date of service of notice. The
notice shall be in writing and served in person upon the owner, if
within the City, and if not, it may be served by certified mail or
by publication for 10 days. The owner shall have the right to construct
or reconstruct sidewalks with plans and specifications of the City.
If the owner fails to timely complete the improvements or otherwise
be in default, the Council may have the required work done, either
by the City acting through its officers, agents or employees or by
others and when done, issue to the person, City or other corporation
doing the work its certificate therefor stating the just amount due.
The certificate shall draw interest at the rate established by the
Council until paid, and when recorded in the office of the County
Clerk and Recorder shall be a lien upon the benefitted property, and
such amount may be recovered by the holder of the certificate against
the owner in any court of law. Such lien may be foreclosed by the
holder of such certificate if not paid within 30 days of its date.
The City Council may, by resolution, provide further means of construction
or reconstruction of sidewalks upon failure of the owner to do so
within the limits specified by notification, such as by the inclusion
of the area in the improvement district. Upon passage of a resolution
creating an improvement district, the owner may not thereafter do
or have done the construction or reconstruction of sidewalks, but
such construction or reconstruction may be done only under the improvement
district.
(Code 1994 § 28-30; Code 1965 §§ 18-12 –
18-14)
As deemed necessary by the City Council to facilitate any improvement
authorized by this article, rights-of-way and other real estate or
property may, upon the order of the Council, be purchased or acquired
by eminent domain on behalf of the City and the whole cost thereof
shall be included as a cost of an improvement district, as may be
determined by the City Council.
(Code 1994 § 28-31)
The Council may, by resolution, require railroad companies to
construct, at their own expense, bridges and their approaches, tunnels
or other conveniences at public crossings and viaducts and approaches
over railroad tracks where the same cross or extend along public highways
or streets. Whenever the Council shall deem any such improvement necessary,
it may by resolution require the construction of such improvement,
the character and location of such proposed improvement to be therein
described of sufficient certainty and an estimated cost to be stated.
Where a viaduct or tunnel crosses or passes under the tracks of several
railroad companies, the Council may apportion the cost thereof equitably
among the different companies owning the tracks.
(Code 1994 § 28-32; Code 1965 § 18-26)
Upon completion of any improvement authorized by this article,
the City Manager shall prepare a statement showing the whole cost
of the improvement, or such parts thereof as completed, including
costs of collection, real estate or property acquisition (including
the costs, fees and charges associated with any condemnation), and
incidental costs, including interest, and apportioning the same upon
each lot or tract of land to be assessed. The statement shall be certified
by and filed in the office of the City Manager.
(Code 1994 § 28-33; Code 1965 § 18-27)
(a) The City Manager shall for three consecutive days advertise in a
newspaper of general circulation that: such improvements have been
or are about to be completed and accepted; specifying the whole cost
of the improvements; the share so apportioned to each lot or tract
of land or parcel; the part to be paid by the City; and that any complaints
or objections may be made in writing by owners or interested persons
to the City Council by filing with the City Manager within 30 days
from the first publication of notice. Complaints or objections will
be heard and determined by the City Council at its first regular meeting
after such 30 days and before the adoption of any ordinance assessing
the costs of improvements.
(b) At the meeting specified in the notice provided by subsection
(a) of this section, the Council shall hear and determine all complaints and objections. The Council may thereupon make modifications and changes as equitable and just, or may confirm the apportionment. The Council shall thereafter, by ordinance, assess the cost of improvements against all real estate or property in the district and against such persons in proportions determined.
(Code 1994 § 28-34; Code 1965 § 18-28)
All assessments made pursuant to this article, together with
all interest thereon and penalties for default in payment thereof
and all costs in collecting such assessments, shall constitute a perpetual
real estate lien equivalent to general property (state, county, city,
town or school) taxes. No sale of such property to enforce any general
state, county, town or school tax or other lien shall extinguish the
perpetual lien of such assessment. As to any subdivision of any land
assessed pursuant to this article, the assessment shall in each case
be a lien upon all portions of the subdivision without any regard
to proportion or area. No delay, mistake, error, or irregularity in
any act or proceeding authorized by this article shall prejudice or
invalidate any final assessment, but the same may be remedied by subsequent
amending acts or proceedings, as the case may require. When so remedied,
the assessment shall take effect and have the priority as of the date
of the original act or proceeding. If any court of competent jurisdiction
declares any final assessment made pursuant to this article invalid,
then the City Council may, upon notice as required for the making
of an original assessment, make a new assessment in accordance with
this article.
(Code 1994 § 28-35; Code 1965 § 18-30)
The City Manager shall prepare a local assessment roll showing
each piece of real estate assessed, the total amount of the assessment,
the amount of each installment of principal and interest, if the assessment
is payable in installments, and the date or manner in which such installments
will become due. No error, failure, neglect or default on the part
of the City, County Treasurer or County Assessor in complying with
recordation, certification or collection of any assessment shall invalidate
any tax or assessment or affect the underlying lien.
(Code 1994 § 28-36; Code 1965 § 18-31)
(a) All assessments upon real estate made pursuant to this article shall
be due and payable within 30 days of the final publication of the
assessing ordinance without demand; provided, that all such assessments
may at the election of the owners be paid in installments with interest
as provided. Failure to pay the whole assessment within 30 days shall
be conclusively considered and held to be an election on the part
of all persons interested, whether under disability or otherwise,
to pay in installments. All persons electing to pay in installments
shall be conclusively considered and held as consenting to such improvements,
and such election to pay in installments shall be conclusively held
and considered as a waiver of any and all right to question the powers
or jurisdiction of the City to order or construct the improvements,
the quality of the work, the regularity or sufficiency of the proceedings,
the validity or correctness of the assessment, or any other objection
or matter. The number of installments, the period of payment and the
rate of interest shall be determined by the City Council in its sole
and absolute discretion.
(b) All installments of principal and interest for assessments under
this article shall be payable at such times as may be specified by
the assessing ordinance; provided, that the County Treasurer shall
be permitted, without the assessment of penalty or penalty interest,
to collect installments in accordance with statutory provisions for
the collection of general taxes. When installments are to be paid
annually, failure to pay any installment, whether of principal or
interest or both, when due shall cause the whole of the unpaid balance
to become due and payable immediately and the whole amount of the
unpaid principal and accrued interest shall thereafter draw interest
at a rate established by the City Council. At any time prior to the
date of sale, the owner may pay the amount of all delinquent installments
together with interest and shall thereupon be restored to the right
to pay installments in the same manner as if default had not occurred.
(Code 1994 § 28-37; Code 1965 §§ 18-31 –
18-37)
(a) The County Treasurer shall receive payment of all delinquent assessments
against any real estate, together with interest and other charges
and, in case of default in the payment of any installment of principal
or interest when due, shall advertise and sell any and all real estate
concerning which such default is suffered for the payment of the due
but unpaid installment or installments with interest thereon. Such
sales and advertisements shall be made at the same time or times and
in the same manner and under the same conditions and penalties and
to the same effect as are provided by the general laws of the State
for the sale of real estate in default of payment of general taxes.
The holder of a certificate from the County Treasurer, including the
City, showing payment of an assessment, may have subsequent assessments
endorsed thereon under the same terms and conditions as provided by
the general laws of the State for the endorsement of subsequent taxes
on tax certificates.
(b) At any sale by the County Treasurer of any real estate in the City
for the purpose of paying any special assessment, the City Manager
or his designee may purchase any such real estate without paying for
the real estate in cash and shall receive certificates of purchase
in the name of the City. Such certificates shall be received and credited
at face value, with all interest penalties and other charges accrued,
to the City Manager on account of the assessments in pursuance of
which the sale was made. The certificates may thereafter be sold by
the City Manager at face value, with all interest and penalties accrued.
The City Manager shall assign the certificates and the proceeds shall
be credited to the fund created by ordinance for the payment of assessments.
Assessments shall be made without recourse upon the City in any event.
Any such sale and assignment shall operate as a lien in favor of the
City and of the holders of certificates as provided by law in the
case of sales of real estate for default in payment of general taxes.
The owner of any divided or undivided interest may pay his share of
any assessment.
(c) All collections made by the County Treasurer upon any assessments
in any calendar month shall be accounted for to the City Manager on
or before the tenth day of the next succeeding calendar month with
separate statements of all collections for each improvement or assessment.
(d) In carrying out the provisions of this article, the City Council
shall act by resolution in all cases, except that the cost of all
improvements shall be assessed by ordinance.
(Code 1994 § 28-38; Code 1965 §§ 18-38 –
18-41)