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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)
The City shall pay such part of the cost and expense of improvements for which special assessments are levied as the Council deems just, which part shall not be less than one-fiftieth (1/50) of all such cost and expense; and in addition thereto the City shall pay the cost of intersections. The Council may provide for the payment of the City’s portion of all such improvements by the issuance of bonds or notes therefor and may levy taxes, in addition to all other taxes authorized by law, to pay such bonds or notes and the interest thereon.
(Effective November 9, 1931)
The Council may provide in whole or in part the cost of replacing any existing local improvement by levying special assessments as hereinbefore provided, but any assessment for such replacement in less than fifteen years from the date of a prior assessment for the improvement to be replaced shall be limited to a sum not in excess of fifty percent of the cost of such replacement.
(Effective November 9, 1931)
Every ordinance providing for an improvement to be paid for in whole or in part by special assessments shall contain an estimate of the life of the proposed improvement by the appropriate department or office under the direction of the Mayor. Any assessment thereafter made for replacing such improvement within such estimated period of life shall be limited to a sum not in excess of fifty percent (50%) of the cost of such replacement. Assessments for replacements at or after the expiration of such estimated period of life shall be subject to no limitation except as provided for assessments for original improvements.
(Effective November 9, 1931)
Upon the completion of any improvement the Director of Finance shall rebate to the then owner of the property which shall have been assessed to pay for such improvement any surplus or excess remaining unexpended for the purpose for which such assessment was made, and in the event of there being a deficit in the fund provided for the making of any such improvement the Director of Finance shall report to the Council a supplementary assessment within the limitation hereinbefore provided, which supplementary assessment shall be made by ordinance of the Council and certified for collection as is provided in the case of original assessments.
(Effective November 9, 1931)
The Mayor, or Director or head of an appropriate department or office under the direction of the Mayor, shall have authority to compel the making of sewer, water, and gas and other connections whenever in view of contemplated street improvements or as a sanitary regulation, such connections should in his judgment be constructed. Written notice of such determination shall be given to the owner or each lot or parcel of land to which connections are to be made, which notice shall state the number and character of connections required. Such notice shall be served by a person, designated by the Mayor or by the director or head of an appropriate department or office under the direction of the Mayor, in the manner provided for the service of summons in civil actions. Nonresidents of the City, or persons who cannot be found, may be served by one publication of such notice in the newspaper of general circulation in the City. The notice shall state the time within which such connections shall be constructed and, if they be not constructed, within said time, the work may be done by the City and the cost thereof, together with a penalty of five percent (5%), assessed against the lots and lands for which the connections are made. Said assessments shall be certified and collected in the same manner as other assessments for street improvements.
(Effective November 9, 1931)
The Council may by resolution declare that certain specified sidewalks, curbings or gutters shall be constructed or repaired. Upon the passage of such resolution the Director of Finance shall cause written notice of the passage thereof to be served upon the owner, or agent of the owner, of each parcel of land abutting upon such sidewalks, curbings or gutters who may be a resident of the City, in the manner provided by law for the service of summons in civil actions. A copy of the notice, with the time and manner of service endorsed thereon, signed by the person serving it, shall be returned to the office of the Director of Finance and there filed and preserved. For the purpose of such service, if the owner of any such property be not a resident of the City, any person charged with the collection of rent or the payment of taxes upon such property, or having control thereof in any way, shall be regarded as the agent of the owner, and service upon such person shall have like force and effect as though personal service were made on the owner thereof. If it appear in any such return that the owner is a nonresident, or that neither such owner or agent could be found, one publication of a copy of the resolution in a newspaper of general circulation in the City shall be deemed sufficient notice to such owner.
(Effective November 9, 1931)
If sidewalks, curbings, or gutters are not constructed or repaired within fifteen (15) days from the service of the notice provided for in the preceding section, or the completion of the publication thereof, the City may proceed through the appropriate department or office either by direct employment of labor, or by contract, to carry out the said construction or repair at the expense of the owner, as is the case of other improvements, and all such expense shall be reported by the Director of Finance to the Council. The Council shall thereupon by ordinance assess the cost and expense thereof upon the owner or owners of all the property bounding or abutting thereon, and such assessment shall be collected in the same manner as other assessments with a penalty of five percent (5%) and interest for failure to pay at the time fixed by the assessment resolution.
(Effective November 9, 1931)
The Council may at any time borrow money and authorize the issuance of notes or bonds therefor in anticipation of the collection of assessments, levied for the purpose of paying the cost of constructing or repairing sidewalks, curbings and gutters which are to be or have been constructed by the City, upon the failure of the owners of the property to construct or repair the same pursuant to notice as hereinbefore provided.
(Effective November 9, 1931)
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