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When the City Council shall in its discretion determine to make any public improvement or to repair or reconstruct any public improvement and defray the whole or any part of the cost thereof by a special assessment on the property deemed specially benefitted thereby, they shall so declare by resolution, stating the nature of the improvement and what part or portion of the cost thereof shall be paid by special assessment on the property deemed specifically benefitted thereby, and what part, if any, shall be paid from the general fund of the City or other sources, and shall designate the district or lands upon which the special assessment shall be levied.
(Ord. 2542, passed 1-26-1976)
Before ordering any public improvement to be made, any part of the cost of which is to be defrayed by a special assessment to be levied upon the property deemed specially benefitted thereby, the City Council shall cause estimates of the cost thereof to be made and shall also, if deemed advisable, cause to be made plans of the work to be done and a plat of the locality to be improved, give notice thereof and of the proposed improvement, the district to be assessed and the time and place when the City Council will meet and consider any objections thereto, by publication of such notice, once in a newspaper published and circulated in the City of Flint at least ten (10) days prior to such hearing.
After receipt of such cost estimates, plans and plat, the City Council shall set a time and place for a hearing, at which time and place it will consider any objections to said project, and notice of said hearing shall be given to each owner of or party of interest in property proposed to be specially benefitted and assessed, whose names appear upon the last local tax assessment records, by mailing by first class mail, addressed to such owner or party at the address shown on the tax records, at least ten (10) days before the date of such hearing and by publication of such notice once in a newspaper published and circulated in the City of Flint at least ten days prior to such hearing.
(Ord. 2542, passed 1-26-1976; Ord. 2761, passed 2-25-1980)
When any special assessment is to be made upon the lands in any special assessment district according to benefits the City Council shall, by resolution, direct such special assessment to be made by the Board of Special Assessors and shall state therein the amount to be assessed and whether it shall be assessed according to frontage or otherwise, and describe or designate the assessment district comprising the lands to be assessed.
(Ord. 2542, passed 1-26-1976)
Whenever the City Council deems it necessary for the benefit or protection of the public health, welfare or safety to incur any expense upon or in respect to any lot or lots or parcel or parcels of land other than lots or parcels of land in a special assessment district which are assessed to defray the cost of all or any part of a public improvement, it may by resolution authorize such expense to be incurred, setting forth in the resolution the description of the lot or lots or parcel or parcels of land upon which the expense is authorized to be incurred, the things necessary to be done thereon or changes made therein, the owner or owners or person or persons chargeable with such expense (if known), the purpose or purposes for which it is deemed necessary to incur the expense, and directing the Chief Administrator to proceed and cause to be done the things on or in respect to or make the changes therein set forth. Upon the adoption of the resolution by the City Council, the Chief Administrator shall proceed and cause to be done on or in respect to or make the changes in the lot or lots or parcel or parcels of land specified in the resolution, and upon the completion thereof he shall report the same to the City Council, together with an itemized statement verified by him showing the cost of all labor and material used in doing the things on or in respect to or making the changes in such lot or lots or parcel or parcels of land. Upon receipt of such report, the City Council shall and is hereby authorized to direct the Board of Special Assessors to make a special assessment roll and levy as a special assessment on the lot or lots or parcel or parcels of land upon or in respect to which the expense was incurred the amount of such expense.
(Ord. 2542, passed 1-26-1976)
Upon receiving such direction, the Board of Special Assessors shall make an assessment roll, entering and describing therein all the lots and parcels of land to be assessed, with the names (if known) of the respective persons chargeable with the assessment thereon, and shall levy thereon and against such property, the amount to be assessed in the manner directed by the City Council and the provisions of the Charter applicable to the assessment. In all cases where the name of the person chargeable with the payment of the assessment made on any description of land is unknown to the Board of Special Assessors, they shall, in lieu of the name of the person so chargeable, insert the word “unknown.” If by mistake or otherwise any person shall be improperly designated as the person chargeable with the payment of the special assessment levied on any lot or parcel of land, or if the same shall be assessed without the name of the person chargeable with the payment of same, such assessment shall not, by reason thereof, be invalid, but shall in all respects be as valid upon and against such lot or parcel of land as though assessed in the name of the proper person chargeable with the payment of the assessment thereon, and when the assessment shall have been confirmed it shall be a lien on such lot or parcel of land and collected as provided in this Code.
(Ord. 2542, passed 1-26-1976)
If the assessment is required to be according to frontage, the Board of Special Assessors shall assess to each lot or parcel of land such portion of the whole amount to be levied, as the length, or frontage, of such lot or parcel of land abutting upon the improvement is of the whole length, or frontage, of all lots to be assessed, unless on account of the shape or size of any lot or parcel of land an assessment for a different number of feet would be more equitable. If the assessment is directed to be made otherwise than according to frontage, the Board of Special Assessors shall assess upon each lot or parcel of land, such portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot or parcel of land on account of the improvement. When the Board of Special Assessors shall have completed the assessment roll, they shall report the same to the City Council, which report shall be signed by them and may be in a form of a certificate endorsed on the assessment roll as follows:
State of Michigan)
ss)
City of Flint)
We hereby certify and report that the foregoing is the Special Assessment Roll made by us pursuant to a resolution of the City Council of the City of Flint adopted on the day of A.D., 20 , for the purpose of defraying that part of the cost of (insert here the improvement made) which the City Council determined should be paid by special assessment levied on the property deemed specially benefitted thereby; that in making such assessment we have, as near as may be, according to our best judgment, conformed in all things to the direction contained in such Resolution and the Charter of the City of Flint relating to the assessment.
Dated at the City of Flint, Michigan, this day of A.D., 20 .
Board of Special Assessors
(Ord. 2542, passed 1-26-1976)
All special assessment rolls reported by the Board of Special Assessors to the City Council shall be filed in the office of the City Assessor and numbered consecutively for each class of improvement. Before adopting any such assessment roll, the City Council shall cause ten days’ notice to be published in a newspaper of general circulation in the City of Flint, of the filing of the same with the City Assessor and appointing a time when the Board of Special Assessors will meet to review the special assessment, which notice may be in the following form:
Notice is hereby given that the Special Assessment Roll heretofore made by the Board of Special Assessors for the purpose of defraying the cost of (or that part of the cost which the City Council determined should be paid by a special assessment) for the (insert the objective of the assessment and the locality of the property assessed, in general terms) now on file in my office for public inspection, and that the Board of Special Assessors of the City of Flint will meet at my office in the City of Flint on the day of , 20 , at o’clock in the .m., Eastern Standard Time, to review said assessment at which time and place opportunity will be given to all persons interested, to be heard.
Dated:
City Assessor
Any person objecting to his assessment may file his objection thereto, in writing, with the City Assessor, or he may appear in person and state his objection to the Board of Special Assessors during the time said assessment roll is being reviewed.
(Ord. 2542, passed 1-26-1976)
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