Upon the petition of property owners who own
more than 75% of the lineal front footage of land abutting on any
private street or section of a private street, the City Council shall
have the power to cause such street or section of a private street
to be improved, and the expense of such street improvement, including
sewer, storm drain, curbs and sidewalks, shall be assessed, levied
and collected from the owners of the several lots and parcels of land
benefited thereby as herein provided.
Upon receiving the petition, the City Council
shall conduct a public hearing on the petition for the proposed street
improvement. If the City Council shall determine to make such improvement,
it shall direct the improvement to be made. The City Engineer shall
keep an itemized account of the expenses and other necessary costs
for the street improvement, including sewer, storm drain, curbs and
sidewalks, and file a certified statement of such costs and expenses
with the City Comptroller.
The expense of the street improvement, including
any preliminary expenses and borrowing costs, shall be apportioned
and assessed upon the lots and parcels of land abutting the street
in proportion to the benefit which each lot and parcel of land will
derive therefrom, which shall be on the basis of the lineal front
footage of the property. The City Council may determine that a portion
of the cost of the improvement shall be borne by the City.
After the completion of the street improvement,
the City Comptroller shall determine all of the costs and expenses
of the street improvement and fix the amount chargeable to the City
and the amount chargeable to the owners of the lots and parcels of
land abutting the improved street and furnish such information to
the City Assessor. Within 30 days after the completion of the street
improvement, the City Assessor shall prepare a special assessment
roll, which shall describe each lot and parcel of land abutting the
said street and show the name or names of the reputed owners thereof
and the aggregate amount of the assessment to be levied upon such
lot or parcel of land.
Upon completion of such assessment roll, the
City Assessor shall cause to be published in the official newspaper
of the City a notice subscribed by him, stating that the said assessment
roll has been completed and will remain in the office of the City
Assessor for inspection by all persons interested therein for five
business days next following the day of publication. Upon a day no
later than the day of publication of said notice, the City Assessor
shall cause a copy of said notice to be mailed to each of the persons
whose names shall be entered upon such roll. At the expiration of
said five days, the City Assessor shall submit such assessment roll
to the City Council.
After the receipt of the special assessment
roll, the City Council shall hold a public hearing thereon upon at
least 10 days' notice prior to the hearing, published in the official
newspaper of the City, at which any person interested may present
objections to the confirmation of the assessment roll. The City Council
may make changes in such roll, and it shall confirm the assessment
roll. It shall levy the sum apportioned and assessed upon each lot
and parcel of land and cause the assessment levy to be collected in
the same manner as provided for the collection of City taxes, except
as herein otherwise provided.
The City Council, upon confirming the assessment
roll, may provide that the assessments may be paid in not more than
10 equal annual installments, to be collected in the same manner as
provided for the collection of City taxes. When such assessments are
paid in installments, the first installment and interest at 6% per
annum, or at such other rate as may be fixed by the City Council by
resolution, on the full assessment from the date of confirmation of
the assessment roll to the date of payment on the first installment,
shall be paid on the first day of February following the confirmation
of the roll, and the first day of February thereafter shall be the
anniversary date of payment of the remaining installments, with accrued
interest, in succeeding years. Interest at the rate of 6% per annum,
or at such other rate as may be fixed by the City Council by resolution,
on all unpaid principal balances shall be paid annually on such anniversary
dates. The owner of any premises assessed may pay any or all installments
remaining unpaid, with accrued interest thereon, at any time prior
to the due date of any installment. In the event that the owner of
the assessed premises shall become delinquent in the payment of his
assessment or any installment thereof, the amount in default shall
be collected and enforced in the same manner, by the same proceedings,
at the same time and under the same penalties, in addition to the
aforesaid accrued interest, and have the same lien effect upon the
property, as the general City tax and as part thereof. After the confirmation
of the special assessment roll by the City Council, the City Clerk
shall attach to the roll a warrant signed by the Mayor for the collection
of the assessment or the first installment, if payment is permitted
in installments, and deliver the same to the City Comptroller, who
shall proceed in the same manner as relates to the collection of City
taxes. The remaining installments, as due, shall be extended in a
separate column on the tax roll and shall be payable and collected
in each successive year thereafter under the same tax roll and included
in the same warrant for the collection of City taxes.
There is hereby established a special fund,
which shall be under the supervision and control of the City Comptroller,
into which the proceeds of any financing and the assessments collected
shall be paid for any improvement financed through such fund as hereinafter
provided. The City Council may determine, by resolution, that the
financing of the construction of any improvement heretofore or hereafter
authorized, including the acquisition of any land or any right in
the land therefor, which shall be paid completely by assessments upon
the property benefited or partially by assessments upon the City,
shall be through the aforesaid special fund. The City Council, upon
the completion of any such improvement or at any time prior thereto,
may determine to issue, pursuant to the Local Finance Law, the obligations
of the City in such an amount as said Council may estimate to be sufficient
to pay the entire cost of any such improvement.