3.5.102: DEFINITIONS:

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.

SPECIAL SURPLUS AND DEFICIENCY FUND: The special account and special fund created and maintained with monies remaining to the credit of a district when all outstanding bonds of the district have been paid, pursuant to City Charter section 7-80(1) and to sections 3.5.202 and 3.5.210 of this article.

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)

3.5.103: COUNCIL AUTHORIZED TO MAKE IMPROVEMENTS:

A. The City Council shall have the power to contract for and make local improvements, or by itself to make local improvements, sometimes called public improvements or local improvement districts, and to assess the costs, all or in part, against the property especially benefited, as provided in this chapter. All contracts for public improvements shall be awarded by the City in accord with the specifications adopted by it, and the improvements may be made, all or in part, under independent contract or by the City.

B. Local improvements may include any local or special improvement to property as determined by the City Council, including, but not limited to, activities to construct or improve streets, and parts within the City by paving or surfacing with suitable material; grading; construction or repair of curbs, gutters, storm drains, wastewater sewers, water mains and lines, gas mains and lines, electrical distribution systems, sidewalks, pedestrian ramps, and driveways; otherwise improving the whole or any part or parts of any street or streets, which need not be connected or contiguous in the City; or any combination of improvements, including, but not limited to, necessary intersections, crosswalks, utility service lines, utility systems upgrading, relocations and adjustments, landscaping, land acquisition and other incidentals. (Ord. 2771; 1968 Code §§12-17, 12-18; Ord. 91-36; Ord. 01-42)

3.5.104: PROCEDURES:

A. The City Council may prescribe local improvements by the adoption of a City Engineer recommendation, or by the filing of an owner's petition as authorized in this part. The Engineer recommendation or petition shall:

1. State the nature and location of the improvement or improvements to be made without mentioning minor details or incidentals;

2. Describe the local improvement district to be assessed by boundaries or other brief description.

B. Upon receipt of an owner petition, or drafting of an Engineer recommendation for Council, the Engineer shall prepare and present to the Council along with the Engineer recommendation or the petition:

1. Preliminary plans and specifications for the improvement or improvements;

2. An estimate of the probable total cost of the improvements and the district; and

3. A map of the local improvement district to be assessed.

C. Any estimate of cost required or authorized in this article shall not constitute a limitation upon the cost nor a limitation upon the rights and powers of the City Council or of any officers, agents or employees of the City, except as otherwise specifically stated.

D. Whenever necessary, rights of way for streets and alleys may be purchased or condemned by the City and the cost charged to the district. (Ord. 2771; Ord. 2786; 1968 Code §12-19; 1980 Code; Ord. 91-36; Ord. 01-42)

3.5.105: PETITION; PROCEDURES; LIMITATIONS:

A. A public work or improvement, the costs of which in whole or in part are to be assessed by the City, may be initiated on written petition by the owner or owners of a three-fourths (3/4) majority of the frontage, of the area or of whatever other measurement constituting the basis for computation of assessments of the assessable property may be provided in the petition. Petition shall be filed with the City Engineer.

B. The petition may initiate the acquisition of any improvement which the City Council is authorized to initiate, subject to the following limitations:

1. The Council may incorporate the proposed improvement in any improvement district or districts initiated by the Council pursuant to section 3.5.103 of this part.

2. The Council may elect not to proceed with the acquisition of any proposed improvement or any part after holding a hearing on the proposed local improvement if the Council determines that it is not in the public interest that the proposed improvements or a part be made, and Council may modify the improvements, including, but not limited to, proposed materials and methods, as may be in the public interest.

3. The Council need not take any action upon receiving a petition if the Council determines by resolution that the acquisition of the improvements is not desired by the Council for a reason or reasons stated in that resolution. (Ord. 2771; 1968 Code §§12-10, 12-21; Ord. 81-195; Ord. 91-36; Ord. 01-42)

3.5.106: ADOPT PLANS AND SPECIFICATIONS:

A. If the City Council approves the Engineer recommendation or the petition, then the City Council shall by resolution adopt the preliminary plans and specifications and the map of the Engineer for the proposed improvement. The resolution shall also find and state:

1. The extent of the local improvement district to be assessed (by boundaries or other brief description);

2. The kind of improvement or improvements proposed (without mentioning minor details);

3. The number of installments and the time in which the cost of the improvement or improvements will be payable;

4. The probable cost as shown by the total estimate of the Engineer, which shall not constitute a limitation upon the cost of the project nor for any other purpose;

5. The amount or proportion of the total cost to be paid by other than special assessments, if any;

6. The method of levying assessments; and

7. The approximate amount or share of the portion of the total estimate to be assessed against property specially benefited by the acquisition of the improvement or improvements proposed.

B. In the same resolution the Council shall fix a time and place for a public hearing. (Ord. 2771; 1968 Code §12-22; Ord. 91-36; Ord. 01-42)

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