The Council shall prescribe, by ordinance, the complete special assessment procedure governing the initiation of public improvement projects, the preparation of plans and cost estimates, the creation of special assessment districts, notices and hearings, making of special assessment rolls, the correction of errors in such rolls, the confirming of special assessment rolls, the number of installments in which special assessments may be paid[,] the collection of special assessments, the making of additional assessments where the original special assessment roll proves insufficient to pay the cost of the improvement or the cost of the repayment of the principal of and interest on money borrowed to pay for such improvement, refunds of excessive assessments: Provided, That, when such excess is less than five percent of the total amount of the assessment roll, the excess may be placed in the general fund: any other matters concerning the making and financing of improvements [shall be] by the special assessment method. Such ordinance shall include provisions for the following:
(1) The procedure for filing petitions for public improvements;
(2) A survey and report by the City Manager concerning the need for, desirable extent of, and probable cost of such proposed public improvement;
(3) A public hearing by the Council on the necessity of the making of such public improvement with a publication of notice of such hearing;
(4) A resolution of the Council determining to proceed or not to proceed with the proposed public improvement;
(5) A public hearing by the Council on the special assessment roll for the project with a publication of notice of such hearing;
(6) A resolution of the Council confirming the special assessment roll for public improvements and stating the date upon which the special assessment therefor, or the first installment thereof, if installment payments be allowed, shall be due and payable, the number of annual installments, if allowed (not to exceed twenty years), in which the special assessment may be paid, and the rate of interest to be charged upon such deferred installments;
(7) That no additional assessment for any public improvement which exceeds 10% of the original assessment shall be made, unless such additional assessment be reviewed at a meeting of the Council, for which meeting notices shall be published as provided in the case of review of the original special assessment roll;
(8) If, under item (4) above, the determination is to proceed determining the probable life of the improvement, finally fixing the special assessment district therefor, and ordering the Assessor to prepare a special assessment roll therefor: Provided, That, if prior to the adoption of the resolution to proceed with the making of the public improvement, written objections thereto have been filed by the owners of property in the district which, according to the City Manager's report, will be required to bear more than fifty percent of the cost thereof, or by a majority of the owners of property to be assessed, no resolution determining to proceed with the improvement shall be adopted while such objections remain, except by the affirmative vote of five members of the Council.
(9) Publication of notices required by this section shall be given in a newspaper published in the city and by first class mail addressed to the owners of the property to be affected according to the current assessment roll of the city, which publication and mailing shall be not less than seven days prior to the hearing to which it applies.
(10) In the event that funds are on hand or a revolving fund exists to defray the expense of any public improvement prior to the completion thereof, the special assessment roll therefor may be made within thirty days after the improvement is completed and shall be based upon the actual cost thereof.
(Amended by electors 11-2-2004)
Code reference:
Special assessments, see Ch. 54