[HISTORY: Adopted by the Council of the City of Mount Vernon 12-10-1975, approved 12-12-1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC IMPROVEMENT
- Shall be deemed to refer to any one of the following: the laying out, opening, constructing, extending, widening, altering, straightening, altering of grade, grading, regrading, paving, surfacing, narrowing and discontinuing of public streets, the construction and altering of drains, gutters, crosswalks, sidewalks and curbs in the public streets, laying out, opening, enlarging, improving and ornamenting public squares and parks and acquiring the land necessary therefor; the constructing, reconstructing, extension and alteration of public sewers and drains within or without the limits of the City; the construction of bridges, arches and culverts and the extension of mains and pipes and appurtenances for the supplying of water for public purposes and for private consumption; the construction, reconstruction, extension and enlargement of off-street parking spaces, lots, garages or facilities, the construction of buildings, structures, garages, spaces or facilities for off-street parking purposes for the relief of traffic congestion and the acquisition of real property or any interest therein necessary for or incidental to the construction or operation of parking garages, parking spaces or parking facilities for such purpose; the acquisition of real property, rights-of-way or any interest therein which may be required or necessary in connection with the construction of state arterial highways within the City limits as well as the cost of preparing any such real property so acquired for such public use.
An ordinance authorizing a public improvement shall contain:
A description of the improvement or work to be done.
The limits of the district of assessment.
A designation of the amount of the cost to be borne by the said district.
A statement of the amount, if any, of the cost chargeable to the City at large, and the manner in which it shall be financed and paid.
All public improvements shall be executed under the supervision and control of the Commissioner of Public Works. Upon the completion of each local improvement, the Commissioner of Public Works shall immediately notify the City Council, Commissioner of Assessment and Taxation and the Comptroller.
Upon receipt of notice of the completion of a public improvement, the Comptroller shall cause to be prepared a statement of the entire cost thereof, including any interest paid or accrued at the time of the computation on bonds, notes or other obligations issued by the City to pay the expenses of such public improvement and interest on the total amount computed to the time at which the assessment or first installment thereof becomes due. Such statement shall thereupon be presented to the City Council, and the City Council shall consider the said statement presented by the Comptroller and shall, by ordinance, fix the total cost for the public improvement and direct the Commissioner of Assessment and Taxation to prepare the proper assessment roll and report to apportion, assess and charge said entire cost, or such portion as has been determined by the City Council, upon the several lots or parcels of land within the district of assessment designated in such ordinance in proportion to the benefits derived by such lots or parcels respectively from the making of such improvements. Such assessment roll and report shall be filed with the City Council.
The City Council shall give notice, to be published in the official newspaper, that such assessment roll and report has been filed, and that at a time to be specified therein, which shall not be less than 10 days from the first publication thereof, it will proceed to a consideration of such assessment roll and report and hold a public hearing with reference thereto.
Any person may file with the City Clerk written objections to such assessment roll and report or any part thereof, which objections shall be read before the City Council before action shall be taken on such assessment roll and report. At the time so appointed or at such other time to which it may adjourn for that purpose, the City Council may hear the allegations of any person interested, who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The City Council may thereupon confirm such assessment roll and report, or with such alterations therein as they may deem proper. The confirmation of such report by the City Council shall be final and conclusive unless an appeal be taken therefrom, as provided by the Charter of the City of Mount Vernon, and the City Council shall direct the proper warrant for collection to be attached to a certified copy of such report.
The City Clerk shall deliver a copy of such report, together with a copy of the ordinance of the City Council confirming the same, each duly certified by him, with the proper warrant attached thereto, to the Comptroller, and such certified copy of said report and ordinance of confirmation shall be deemed the assessment roll for said public improvement, and the amounts stated therein, as chargeable to the respective persons or properties, shall be collected by the Comptroller at the time, in the manner and in the amounts, together with interest, if any, as provided in the ordinance adopted by the City Council confirming the assessment roll.