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Gladwin, MI Code of Ordinances
CITY OF GLADWIN, MICHIGAN CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF GLADWIN
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 35.03 INITIATION OF PROCEEDINGS.
   (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)
§ 35.04 COUNCIL APPROVAL OF CONTROL OR EXPENDITURES.
   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)
§ 35.05 COUNCIL APPROVAL OF PLANS AND SPECIFICATIONS.
   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)
§ 35.06 SPECIAL ASSESSMENT ROLL; FILING; HEARINGS.
   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)
§ 35.07 SPECIAL ASSESSMENT ROLL; CHANGES.
   (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)
§ 35.08 OBJECTION BY MAJORITY OF PROPERTY OWNERS.
   (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)
§ 35.09 LIEN ON PROPERTY; DUE DATES OF ASSESSMENTS.
   (A)   All special assessments contained in any special assessment roll, including any part thereof to be paid in installments, shall from the date of confirmation of such roll constitute a lien upon the respective lots or parcels of land assessed and until paid shall be a charge against the respective owners of the several lots and parcels of land and a debt to the city from the persons to whom they are assessed. Such lien shall be of the same character and effect as the lien created by the City Charter for city taxes and shall include accrued interest and fees. No judgment or decree nor act of the Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by a regular mode of proceeding might be lawfully assessed thereon. All special assessments shall become due upon confirmation of the special assessment roll or in annual installments, not to exceed ten in number, as the Council may determine at the time of confirmation; or upon any other date the Council may prescribe, and the subsequent installments shall be spread upon the city tax roll. The second installment shall be collected as part of the first city tax roll which becomes due six months or more after the due date of the initial installment.
(Ord. 148, passed 5-6-69)
§ 35.10 COLLECTION BY CITY TREASURER.
   (A)   Whenever any special assessment roll shall be confirmed and be payable, the Council shall direct the City Clerk to transmit the assessment roll to the City Treasurer for collection. The City Treasurer shall mail statements of the several assessments to the respective owners of the several lots and parcels of land assessed, as indicated by the records of the City Assessor, stating the amount of the assessment and the manner in which it may be paid; provided, however, that failure to mail any such statement shall not invalidate the assessment or entitle the owner to an extension of time within which to pay the assessment.
(Ord. 148, passed 5-6-69)
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