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Upon receiving said assessment roll and warrant, the Treasurer shall proceed to collect the amount assessed therein. If any person shall neglect or refuse to pay his assessment upon demand, the Treasurer shall seize and levy upon any personal property found within the City or elsewhere in the State of Michigan belonging to such person and sell the same at public auction, first giving six days notice of the time and place of such sale by posting such notice in three public places in the City or township where such property may be found. The proceeds of such sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of such assessment, the costs and expenses of seizure and sale, and the surplus, if any, shall be paid to the person entitled thereto.
(Ord. 2542, passed 1-26-1976)
At any time after a special assessment has become payable, the same may be collected by suit in the name of the City against the person assessed, in an action in any Court having jurisdiction of the amount. In every such action, a declaration upon the common courts for money paid shall be sufficient. The special assessment roll and a copy of the order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment of the whole amount payable and of the right of the City to recover judgment therefor.
(Ord. 2542, passed 1-26-1976)
If any such action it shall appear that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the land or lands sought to be charged, the court may, nevertheless, on satisfactory proof that expenses have been incurred by the City which are a proper charge against the defendant or the land in question render judgment for the amount properly chargeable against such defendant or upon such land or lands.
(Ord. 2542, passed 1-26-1976)
Monies raised by special assessment to pay for the cost of any public improvement or any part thereof, or to pay the cost incurred by the City upon or in respect to any lot or lots or parcels of land not included in a special assessment district, shall be held as special funds to pay such costs or to repay any money borrowed or paid out therefor, and shall be used solely for the purpose for which they are raised. If the estimated cost of any public improvement exceeds the actual cost of such improvement, such excess shall be distributed as follows: All persons who have paid the total amount of their assessment shall be paid their proper share of the excess, and the balance of the excess after such payments have been made shall be applied pro rata to reduce the amount of the annual installments becoming due thereafter.
(Ord. 2542, passed 1-26-1976)
No improvement, any part of the cost of which is to be assessed to a special assessment district, shall be made until the Council shall have first advertised for proposals for making such improvement and received and opened the same. The City Council may reject any or all such proposals and may at its discretion make such improvement by the proper officials and agents of the City; provided, that any contract for the improvement shall be awarded to the lowest responsible bidder.
(Ord. 2542, passed 1-26-1976; Ord. 2716, passed 7-9-1979)
Should any lot or parcel of land be divided after a special assessment thereon has been confirmed, and before the collection of all the installments of such assessment, the City Council may require the Board of Special Assessors to apportion the uncollected amount upon such lot or parcel of land so divided. The report of such apportionment, when confirmed by the City Council, shall be conclusive upon all the parties, and all assessments thereafter made upon the lot or parcel of land shall be according to the apportionment.
(Ord. 2542, passed 1-26-1976)
ARTICLE III. FUNDS
DIVISION 1. ATWOOD STADIUM TRUST FUND
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