ARTICLE 5 PUBLIC IMPROVEMENTS
PART 1 IMPROVEMENTS NEEDED
SECTION:
3.5.101: Purpose
3.5.102: Definitions
3.5.103: Council Authorized To Make Improvements
3.5.104: Procedures
3.5.105: Petition; Procedures; Limitations
3.5.106: Adopt Plans And Specifications
3.5.107: Notice To Be Published
3.5.108: Objections
3.5.109: Separate Designations Unnecessary
3.5.110: Public Hearing
3.5.111: Establishing Ordinance
3.5.112: Council Finding; Conclusion; Property Owner Appeal
3.5.113: File Complaint Against Owner; Service Of Process
3.5.114: Council May Order Utility Connections; Alternative Procedure
3.5.115: Commence Actions Against Proceedings
3.5.116: Officers Authorized To Take Action
3.5.117: Provisions Superseded
3.5.118: Liability During Construction Of Public Improvements
A. The purpose of this article is to provide a procedure for local improvement projects for a designated area or district within the City.
B. This article, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes. (1968 Code §12-101; Ord. 74-108; Ord. 01-42)
The following terms, as used in this article, shall have the meanings designated, unless the context specifically indicates otherwise, or unless the meaning is excluded by express provision:
ACQUIRE OR ACQUISITION: The establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the State or Federal government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract or other acquirement or any combination of facilities, or any interest authorized.
ASSESS OR ASSESSMENT: A special assessment, or the levy against any tract specially benefited by any project to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, subzone, area or other equitable basis as may be determined by the Council. Council may take into account zoning, present or intended use, current assessed and market value and location or proximity to the project.
ASSESSABLE PROPERTY OR ASSESSABLE TRACT: The tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the levy of assessments.
ASSESSMENT LIEN: A lien on a tract created by ordinance of the City to secure the payment of an assessment levied against that tract.
BOND: A special obligation payable from special assessments and any other special fund authorized by law.
COST OR COST OF THE PROJECT: All or any part designated by the Council of the cost of any public improvement, or interest, being acquired and of all or any property, rights, easements, privileges, agreements and franchises deemed by the City to be necessary or useful and convenient or connected, which, at the option of the Council, may include all or any part of the incidental costs pertaining only to the project, including, without limitation, preliminary expenses advanced by the City from funds available for use in the making of studies, surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, professional consultants, architects, attorneys at law, clerical help, other agents or employees, the costs of capitalizing interest or any discount, or both interest and discount, on any bonds, of inspection, of any administrative and other expenses of the City pertaining to the project and becoming due prior to the levy and collection of special assessments, and of replacement expenses or for payment or security of principal of or interest on any securities, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of securities, the filing or recordation of instruments, the levy and collection of special assessments and installments, the costs of reimbursements by the City to any public body, the Federal government, or any person of any monies expended for or in connection with any facility or project and all other expenses necessary or desirable and appertaining to any public improvement as estimated or otherwise ascertained by the Council.
DISTRICT: The geographical area within the City designated and delineated by the City Council as a local improvement district, in which the project is located and in which each tract to be assessed is situated. A district may consist of noncontiguous tracts.
OWNER: Only persons in whom the record fee title is vested, although subject to lien or encumbrance.
PAVING: Includes initial paving, resurfacing, and repaving.
REAL PROPERTY:
A. Land, including land under water and airspace over land;
B. Buildings, structures, fixtures and improvements on land;
C. Any property appurtenant to or used in connection with land; and
D. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limitation, rights of way, terms for years, and liens; charges or encumbrances by way of judgment, mortgage, or otherwise; the indebtedness secured by the liens.
SECURITIES: Any bonds, temporary bonds, interim warrants or other obligations of the City pertaining to any project or interest authorized.
STORM DRAINS: Includes mains, conduits, pipes, retention reservoirs, open ditches, channels, restricted channels or drainage areas and other appropriate facilities for storm drainage.
STREET: Includes avenues, boulevards, alleys and other highways.
TRACT: Any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accord with any recorded plat; all lands, platted and unplatted, shall be designated by a definite description, as provided. (1968 Code §12-101; Ord. 74-108; Ord. 01-42)
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