§ 143 Local Improvements
§ 144 Methods of Special Assessments
§ 145 Preliminary Resolution
§ 146 Plans of Proposed Improvements
§ 147 Notices Served
§ 148 Board of Revision of Assessments
§ 149 Claims
§ 150 Final Assessment
§ 151 Special Assessments
§ 152 Determination of Damages
§ 153 Assessment After Completion
§ 154 Time Limit in Damage Claims
§ 155 Work to be Done
§ 156 Lands Unallotted or Not on Duplicate
§ 157 Interest on Assessment Bonds
§ 158 Limitations on Assessments
§ 159 City’s Portion of Cost
§ 160 Replacing Existing Improvements
§ 161 Subsequent Improvements
§ 162 Rebates and Supplementary Assessments
§ 163 Sewer, Water and Other Connections
§ 164 Sidewalks, Curbings and Gutters
§ 165 Enforcement and Costs
§ 166 Assessment Bonds
§ 167 Public Improvements
§ 168 Alterations or Modifications in Contract
§ 169 Plat of Subdivision
§ 170 Fee Shall Vest in City
§ 171 Platting Commissioner
§ 172 Effect of Platting
§ 173 Duty to Keep Streets Open, in Repair and Free from Nuisance
§ 174 Alteration of Streets
§ 175 Dedication of Streets
§ 176 Street Vacation or Change of Name
The Council shall have power by ordinance to provide for the construction, reconstruction, repair and maintenance by contract or directly by the employment of labor, of all things in the nature of local improvements, and to provide for the payment of any part of the cost of any such improvement by levying and collecting special assessments upon abutting, adjacent and contiguous or other specially benefitted property. The amount assessed against the property specifically benefitted to pay for such local improvements shall not exceed the amount of benefits accruing to such property.
(Effective November 9, 1931)
Special assessments upon the property deemed benefitted by a public improvement shall be by any one of the following methods:
(a) By a percentage of the tax value of the property assessed.
(b) In proportion to the benefits which may result from the improvement.
(c) By the foot frontage of the property bounding or abutting upon the improvement.
(Effective November 9, 1931)
When it is deemed necessary to make a public improvement to be paid for in whole or in part by special assessment, the Council shall declare the necessity therefor, by resolution, and such resolution shall state the method of assessment, the mode of payment, and the number of annual installments. Such resolution shall be certified to the Director of Finance, who shall thereupon proceed to make an assessment report, in accordance with the method of assessment provided in the resolution, which report shall be filed with Council and shall show the lots and lands assessed, and the amount of the assessment as to each, and the number of installments not exceeding ten (10), in which such assessments shall be paid.
(Effective November 9, 1931)
At the time of the passage of the resolution hereinbefore provided there shall be on file in such office as the Council may designate by ordinance in accordance with the provisions hereof, plans, specifications, estimates, and profiles of the proposed improvements, giving all information necessary; and such plans, specifications, estimates and profiles, shall be open to the inspection of all interested persons. Until such time as the Council may make the aforesaid designation the place of the said filing shall be the one in use at the time of the adoption of this section.
(Effective November 9, 1931)
Upon the filing of the assessment report, the Director of Finance shall cause written notice to be served upon the owner of each lot or parcel of land to be assessed, or otherwise affected, or upon the persons in whose names the same may be assessed for taxation upon the tax duplicate. Said notice shall be served as is provided for service of summons in civil actions; and as to all nonresidents and persons who cannot be found, publication of such notice shall be made at least once in a newspaper of general circulation in the City. Said notice shall contain a statement of the character of the proposed improvement, the fact that the assessment report has been filed with the Council, the rate of such assessment, the number of installments, and shall state a time and place when complaints and claims will be heard before the Board of Revision of Assessments.
(Effective November 9, 1931)
The Board of Revision of Assessments shall consist of the Director of Law, the Director of Finance, and the President of the Council. The Director of Law shall be the President of the Board, and the Director of Finance shall be the Secretary thereof. It shall meet weekly at a time and place provided by its rules, and shall hear all claims and objections as to the character of all improvements to be paid for in part or in whole by special assessments, the necessity therefor, and the equity of the assessments as provided in the assessment report. A majority of those constituting the Board of Revision of Assessments shall have power to determine all complaints and objections submitted to it, and as to each improvement the Board shall, after such hearing, amend, equalize, and adjust the assessment report, and shall report its findings as to the necessity for the improvements and any amendment it directs in the assessments, the estimates of benefits and allowance of damages to the Council.
(Effective November 9, 1931)
An owner of a lot or of land bounding and abutting upon a proposed improvement, claiming that he will sustain damage by reason of the improvement, shall present such claim to the Board of Revision of Assessments within two weeks after the service of notice or the completion of the publication hereinbefore provided. Such claim shall be in writing and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue, and shall be filed with the Director of Finance. Any owner who fails to do so shall be deemed to have waived such damages, and shall be barred from filing a claim or receiving damages therefor. This provision shall apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising, without his fault, from acts of the City or of its agents. If, subsequent to the filing of such claim, the owner sells the property, or any part thereof, the right of damages, if any, shall follow the ownership of the land without other transference of the claim. The Board of Revision of Assessments shall report to the Council all such claims for damages filed with it.
(Effective November 9, 1931)
Whenever the Board of Revision of Assessments shall have made its final report to the Council as to any improvement, the Council, if it determines that the improvement shall proceed, shall pass an ordinance levying the assessment as reported by the Board of Revision of Assessments and directing that the improvement proceed. In such ordinance it shall be sufficient to describe the lots and lands abutting upon the improvement and to be assessed therefor, as all the lots and lands bounding and abutting upon such improvement between and including the termini of the improvement; and in describing lands which do not abut it shall be sufficient to describe the lots by their appropriate lot numbers, and the lands by metes and bounds; and this rule of description shall apply in all proceedings in which lots and lands are to be charged with special assessments.
(Effective November 9, 1931)
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