(A) (1) The Clerk shall publish notice of the date, time and place of the hearing once each week for two consecutive weeks in a newspaper published at least once weekly and having a general circulation in the city.
(2) The notice shall be published not less than ten, nor more than 25, days before the date of the hearing.
(3) Not less than 15 days before the hearing, the Clerk shall send a copy of the notice by certified mail to each property owner whose property is subject to assessment for the improvement as shown by the records of the County Auditor.
(4) If a property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed to all owners at that address.
(5) Failure to receive a mailed notice is not a defense to the special assessment.
(B) The notice shall be in the following form:
NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the City Clerk, a proposed resolution of necessity, an estimate of cost and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the Council of Beacon, Iowa, for a improvement as the type(s) and in the locations(s) as follows: The Council will meet at o’clock PM on , , at the at which time the owners subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of improvement, the boundaries of the district, the cost, the assessment against any lot or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he or she has filed objections with the Clerk. The Clerk of Beacon, Iowa |
(Prior Code, Art. 10, Ch. 1, § 9)
(B) The Council shall meet as specified in the published notice and, after hearing, all objections and endorsements from property owners and other persons having an interest in the matter and after considering all filed, written objections, may adopt or amend and adopt the proposed resolution of necessity or may defer action until a subsequent meeting. The vote of three-fourths of all the members of the Council shall be required for passage of the resolution of necessity, but if an objection has been filed with the Clerk signed by the owners subject to 75% of the amount of the proposed assessments for the entire public improvement included in the resolution of necessity, then a unanimous vote of the Council is required for passage of the resolution of necessity. An amendment which extends the boundaries of a district, increases the amount to be assessed against a lot, or adds additional public improvements, is not effective until an amended plat, schedule and estimate have been prepared and adopted, a notice published and mailed by certified mail to all affected property owners, and hearing held in the same manner as the original proceedings, or until all affected property owners agree in writing to the change. The adoption of a resolution of necessity is a legislative determination that the improvement is expedient and proper and that property assessed with be specially benefitted thereby. Ownership of property to be assessed by any improvement shall not, except for fraud or bad faith, disqualify a Council member from voting on any measure. The sidewalk resolution of necessity may be enacted with substantially the following wording:
BE IT RESOLVED by the Council of the City of Beacon, Iowa: A permanent sidewalk shall be constructed (or repaired) adjacent to and abutting lot(s) in block(s) of the city, according to the specified method of construction as prescribed in the Sidewalk Construction and Repair Ordinance. |
(Prior Code, Art. 10, Ch. 1, § 10)
(Ord. passed 4-2-1985)