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At the time of the passage of the ordinance determining to proceed with the improvement as hereinbefore provided, the Council shall determine whether the claims for damages so filed shall be allowed and paid or shall be judicially inquired into before commencing or after the completion of the proposed improvement. If it decides that the damages shall be assessed before commencing the improvement, the Director of Law shall then make a written application to the Court of Common Pleas, or a judge thereof in vacation, or to the Probate Court, or to the Court of Insolvency, for the summoning of a jury to determine such damage, and the judge shall direct that a jury be summoned as is provided for the appropriation of property, and fix the time and place for inquiry into, and assessment of such damages, which inquiry and assessment shall be confined to such claims.
(Effective November 9, 1931)
When the Council determines to assess the damages after the completion of the improvement for which the claim for damages has been filed as hereinbefore provided, the Director of Law shall within ten (10) days after the completion of the improvement make written application as hereinbefore provided in the case of the ascertainment of damages before the improvement was made, and the same proceedings shall be had as provided in the next preceding section.
(Effective November 9, 1931)
No person who claims damages arising from any cause shall commence a suit therefor against the City until he shall have filed a claim for such damages with the Director of Finance and sixty (60) days shall have elapsed thereafter. This provision shall not apply to any application for an injunction or other proceeding to which it may be necessary for such applicant to resort in case of urgent necessity.
(Effective November 9, 1931)
When the Council shall have passed an ordinance directing that an improvement be made, to be paid for in whole or in part by special assessments, the Mayor shall through the appropriate department or office, either directly by the employment of labor or by entering into a contract therefor, as may be determined by the Council, cause the improvement to be made.
(Effective November 9, 1931)
When special assessments are levied by the percentage of tax value of the property assessed or by the foot frontage of the property bounding and abutting upon the improvement, and there are lands subject to such assessment which are not assessed for taxation, the Director of Finance shall fix, for the purpose of such assessments, the value of such lots as they stand and of such lands at such depths as the Director of Finance considers a fair average of the depth of lots in the neighborhood, so that it will be a fair average of the assessed value of other lots in the neighborhood. Where lands are not subdivided into lots, but are assessed for taxation, the Director of Finance shall fix the value and the depth in the same manner; but the above rule shall not apply in making a special assessment according to benefits.
(Effective November 9, 1931)
The Council shall limit all assessments to the special benefits conferred upon the property assessed, and in no case shall there be levied on any lot or parcel of land any assessments for any or all purposes within a period of five years in excess of thirty-three and one- third percent (33-1/3%) of the actual value thereof after the improvement is made. Assessments levied for the construction of main sewers shall not exceed that sum that, in the opinion of the Council, would be required to construct an ordinary street sewer or drain of sufficient capacity to drain or sewer the lots or lands to be assessed for such improvement, nor shall any lots or lands be assessed that do not need local drainage, or which are provided therewith.
(Effective November 9, 1931)
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