Acquisition of a local utility district by the city has created a need for procedures to segregate assessments levied against property within the local utility district.
(Ord. 199 § 1, 1978)
Whenever any land against which there has been levied any special assessment shall have been sold in part or subdivided, any person owning any part of the land involved in the special assessment, including but not limited to local utility districts and local improvement districts, and desiring to have such special assessments against the tracts of land segregated to apply to smaller parts thereof, shall apply in writing to the city council. If the city council determines that a segregation should be made, they shall do so as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The city council shall send notice thereof by mail to the owners interested in the tract as shown on the general assessment roles. If no protest is filed within 20 days from the date of mailing said notice, the city council may then, by resolution, approve said segregation. If a protest is filed, the city council shall then have a hearing thereon, after mailing to the several owners at least 10 days’ notice of the time and place thereof. After the hearing, the city council may by resolution approve said segregation, with or without change. The resolution approving said segregation shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part, and shall order the city clerk/treasurer to make segregation on the original assessment role as indicated in the resolution. A certified copy of the resolution shall be delivered to the city clerk/treasurer; provided, that this chapter shall not authorize the segregation of any assessment in any case where it appears that such property, when or as already divided according to the requested segregation, is not or would not be of sufficient value, or is not or would not be in such condition or title as to provide adequate security for the payment of the total amount of the unpaid assessment, penalties, interests and costs charged or chargeable against the undivided whole.
(Ord. 199 § 2, 1978)
The city clerk/treasurer is authorized to collect and receive from any owner or owners of any subdivision or subdivisions of any lot, tract, or parcel of land upon which an assessment, including local utility assessments and local improvement assessments, has been made or hereafter may be made, such portion of the assessment or assessments levied or to be levied against such lot, tract or parcel of land in the payment of said improvements. Upon receipt of a certified copy of the resolution of the city council authorizing such segregation, the city clerk/treasurer shall enter such segregation, together with the amount of the bonded interest with respect thereto on the assessment records and, upon payment thereof, together with any penalties occurring according to the law and any additional interest due with respect to such segregated portion, give a proper receipt.
(Ord. 199 § 3, 1978)
The city council may require as a condition to the order of segregation that the person seeking it pay the city reasonable engineering, clerical, and related costs incident to making the segregation. Such fee shall be paid to the city clerk/treasurer and shall be deposited in the general fund.
(Ord. 199 § 4, 1978)