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When all outstanding bonds have been paid in a local improvement district and any money remains to the credit of that district, the money shall be transferred to the special surplus and deficiency fund. Whenever there is a deficiency in any local improvement district to meet payment of outstanding bonds, the deficiency may be paid out of the special surplus and deficiency fund. (Ord. 2771; 1968 Code §12-70; Ord. 01-42)
The City may provide for the payment of all of the City's necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the employment of engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the making of notices, taking of options, and all other expenses necessary or desirable to be made and paid prior to the authorization for or the issuance of the local improvement district bonds. No expenditures shall be made or paid unless an appropriation has been made and budgeted as required by the City Charter. Any funds expended by the City for preliminary expenses incurred in connection with the same purpose as that for which the bonds are issued may be fully reimbursed and repaid to the City out of the proceeds derived from the issuance of the bonds, in which case those expenses shall be included as an incidental cost for assessment purposes. The amount advanced by the City to pay preliminary expenses may be made a first charge against the bond proceeds by the ordinance authorizing the issuance of the bonds. (Ord. 2771; 1968 Code §12-71; Ord. 01-42)
PART 3 LOCAL IMPROVEMENTS; ASSESSMENTS
SECTION:
3.5.301: City Council To Determine Assessments
3.5.302: City Engineer To Prepare Statement; Assessment Roll
3.5.303: Exceptions Applicable To Calculation Of The Assessment Roll
3.5.304: Hearing On Assessment Roll; Notice; Procedure
3.5.305: Council Assessments Final; Exception
3.5.306: Hardship Relief
3.5.307: Assessments A Lien; Exceptions
3.5.308: Council May Make New Assessment
3.5.309: Engineer Shall Extend Assessment Roll
3.5.310: Date Assessments Due; Installments
3.5.311: Payments Made To City
3.5.312: Failure To Pay Installment When Due; Penalties, Reinstatement
3.5.313: Annual, Semiannual Installments; Interest
3.5.314: County Treasurer To Receive Installment Payments
3.5.315: Owner May Pay Share
3.5.316: County Treasurer To Pay Monthly
3.5.317: City May Purchase Tax Sale Property
Whenever any improvement authorized to be made by the City pursuant to this article is so completed or so near completion that the final cost can be computed, the City Council shall determine that all or any part of the total cost, except the share to be assessed against any street or other railway company, shall be assessed against the tracts or parcels of land specially benefited thereby and included within the district, but not including any tract or parcel owned by the United States of America, or any governmental agency, instrumentality or corporation or any streets or public highways. Special assessments shall be in proportion to the special benefits derived to the property and on a front foot, area, zone or other equitable basis, as may be determined by the City Council, sufficient to cover the portion of the total cost of the improvement to be defrayed by special assessments. (1968 Code §12-41; Ord. 76-76; Ord. 01-42)
A. Upon the completion of any local improvement in any district or any subdistrict, and upon district acceptance by the City Council, or whenever the total cost of improvement can be definitely ascertained, the City Engineer shall prepare a statement, showing the total cost of the improvement within the district or subdistrict, including, but not limited to:
1. The cost of constructing or otherwise acquiring the improvement or improvements;
2. Engineering and clerical service and supplies;
3. Costs of inspection;
4. Cost of collecting assessments;
5. Advertising and printing;
6. Interest on bonds until interest on assessments is available to defray same;
7. Fiscal services;
8. Legal services for preparing proceedings and advising;
9. And other incidental costs and surcharges.
B. The City Engineer shall also prepare an assessment roll which shall contain among other things:
1. The names of the last known owners of the property to be assessed, or if not known, that the name is unknown;
2. A description of each tract or parcel of land to be assessed and, in the case of a street or other railway company, a general description of the franchise and property assessed; and
3. The amount of the assessment.
C. The City Engineer shall certify the assessment roll to the City Council by filing the same in the Office of the City Clerk when the roll is prepared. (Ord. 2771; 1968 Code §12-73; Ord. 91-36; Ord. 01-42)
A. Public And Quasi-Public Lands Assessed:
1. Public Lands: When the City, County, school district or any other public or quasi-public corporation shall own any tract of land, or hold the title to any land not used as a street, avenue, boulevard, alley or public highway, which if owned by a private person would be liable to assessment for benefits to pay for any public improvement mentioned in this chapter, an assessment shall be made against the land as though the land were the property of a private person, and the City, County, school district or other public or quasi-public corporation shall pay the amount of the assessment. If the assessment is not paid within thirty (30) days after the final publication of the assessing ordinance, suit may be brought in the District Court to enforce the collection of the assessment and the judgment rendered against the City, County, school district or other public or quasi-public corporations, but no land of the City, County or school district shall be sold under any judgment.
2. Railway Companies: In addition to any other powers exercisable pursuant to this chapter, the Council may include in the area to be improved the portion of any street occupied or repaired by franchise obligation to be paved, or chargeable or assessable to any street, interurban or other railway company whose tracks run through or across any street in the district, and may charge to, assess and collect the proper proportion as determined by the Council, of the cost of the improvement from the street, interurban or other railway company in the same manner as is provided in this chapter in the case of other property specially benefited. The assessment levied for the cost of any improvements chargeable to a railway company shall be a first and prior lien against the entire franchise and property of the company within the district, and also without the district, but within the limits of the City, subject to general taxes. All the terms, conditions and provisions in this chapter contained relative to the collection of the amounts chargeable against tracts or parcels of land assessed shall be applicable in the enforcement and collection of the assessment against the street, interurban or other railway company, and the property of the railway company shall, in case of default in payment of the assessment, be sold as in cases of default in payment of general taxes levied.
B. Intersection Improvements: In case of the improvement of any street, except as otherwise provided in this chapter, the cost of the improvements in any and all street intersections, shall be included in the total cost of the improvements within the district and assessed upon all the lots and tracts in the district on a front foot, area, zone or other equitable basis, as may be determined by the City Council. The City Council may provide that the City may pay for the intersection improvements out of its general revenues, if funds are available. (Ord. 2771; 1968 Code §§12-43, 12-44, 12-45; Ord. 91-36; Ord. 01-42)
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