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(A) Proceedings for making public improvements and defraying the entire cost or any part thereof by special assessment shall be initiated by resolution of the Council. For the purposes of determining whether a sufficient number of property owners are interested in a public improvement, the Council may require petitions from the owners of property in the proposed special assessment district.
(B) Whenever the Council shall determine to make any public improvement and defray the entire cost and expense thereof or any part thereof by special assessment, the Council shall by resolution direct the Mayor to make an investigation of the proposed public improvement and report the findings to the Council. Said report shall include an analysis of the following:
(1) The estimated cost of the proposed public improvement; and
(2) Plans and specification for the public improvement.
(3) There shall also be included recommendations as to the following:
(a) The portion of the cost to be borne by the special assessment district and the portion, if any, to be borne by the city at large;
(b) The extent of the improvement and boundaries of the district;
(c) The number of installments in which assessments may be paid; and
(d) Any other facts or recommendations which will aid the Council in determining whether the improvement shall be made and how the same shall be financed.
(Ord. 148, passed 5-6-69)
No control or expenditure, except for the necessary procedures of the Council and for the preparing of necessary profiles, plans, specifications and estimates of cost, shall be made for any public improvement, the cost of which is to be paid by special assessment upon the property especially benefited thereby, until the Council has passed a resolution determining to proceed with such public improvement.
(Ord. 148, passed 5-6-69)
Upon receipt of the report of the Mayor if the Council shall determine to proceed with the improvement, they shall by resolution approve the report prepared by the Mayor and shall approve the plans and specifications and estimate of cost for the public improvement; determine the necessity thereof and set forth the nature thereof; designate the limits of the special assessment district to be affected and describe the lands to be assessed; determine the part or proportion of the cost of the public improvement to be paid by the lands specially benefited thereby and the part or proportion, if any, to be paid by the city at large for benefit to the city at large; determine the number of installments in which the special assessment may be paid and the rate of interest, not exceeding 6% per annum, to be charged if the payment of any balance is to be deferred; and by the terms of said resolution shall direct the City Assessor to make a special assessment roll of the part or proportion of the cost to be borne by the lands specially benefitted according to the benefits received and to report the same to the Council.
(Ord. 148, passed 5-6-69)
When the special assessment roll shall have been reported to the Council, they shall order the same filed in the office of the City Clerk for public examination along with the report of the Mayor required to be made pursuant to § 35.03, and shall fix a date, time and place when the Council shall meet as a board of review to review the roll and to hear complaints. The assessment roll shall be open to public inspection for a period of seven days before the Council meets as a board of review. The City Clerk shall give notice of the meeting of the Council to review the special assessment roll and to hear complaints by publication at least once in a newspaper printed and circulated in the city, at least ten days prior to the time of the meeting, and shall further cause notice of the meeting to be mailed by first-class mail to each property owner in the special assessment district as shown by the current assessment rolls of the city at least ten days prior to the time of the hearing, the notice to be mailed to the addresses shown on the current assessment rolls of the city.
(Ord. 148, passed 5-6-69)
(A) The Council shall meet and review the special assessment roll at the time and place appointed or at an adjourned meeting thereof and shall consider any objections thereto. The Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in such roll shall be noted in the Council's minutes. After such hearing and review the Council may confirm such special assessment roll with such corrections as it may have made, if any, or may refer it back to the City Assessor for revision, or may annul it or any proceedings in connection therewith. The City Clerk shall endorse the date of confirmation upon each special assessment roll.
(B) The roll shall be, upon ratification and confirmation, final and conclusive.
(Ord. 148, passed 5-6-69)
(A) If at or prior to the meeting of the board of review the owners of more than ½ of the property to be assessed object in writing to the improvement, assessment shall not be made without an affirmative vote of five members of the Council.
(Ord. 148, passed 5-6-69)
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