(a) Initiatory resolution. When, by the provisions of the City Charter and the laws of the state, Council has the power to make a public improvement by special assessment, it shall, by resolution, set forth the improvement intended to be made and direct the Mayor to prepare a report, with the assistance of the Engineer, containing any information it may request concerning such improvement.
(b) Plans and specifications. The Mayor shall request the Engineer to prepare, or cause to be prepared, plans and specifications of the improvement to be made, an estimate of the life of the improvement and of the cost thereof, plats of the lands affected thereby and such other information as Council may have requested.
(c) Report of Mayor. The Mayor shall prepare his or her report which shall include a schedule of all property affected by the proposed improvement, listing the assessed valuation, tax delinquencies, whether land is vacant or improved, pertinent information on such parcels as are owned by public authorities and such other information as Council may have requested, and shall present it to Council along with the plans and specifications of the Engineer, together with his or her recommendation as to what proportion of the cost should be paid by special assessment and who part, if any, should be a general obligation of the city, the number of installments in which the assessment should be spread and the lands which should be included in the special assessment district.
(d) Notice of hearing. After filing of the report and plans and specifications referred to in division (c) above, Council shall, by resolution, order the same filed with the City Clerk and provide for a public hearing before Council on the improvement to be made, which hearing shall be not less than one week after notice thereof has been given by publication at least once in a newspaper of general circulation in the city, to be designated by Council, or by posting notices thereof for the same length of time in three public places in the city.
(e) Public hearing, objections and changes. At the time and place specified in such notice for the public hearing, Council shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by Council, and Council may make any changes in the proposed work or assessment which seems reasonable or proper in view of any objections, or for any other reason which may appear to be for the best interests of the city, provided that if the improvements intended to be made are enlarged upon or if additions are made to the district to be assessed, the same shall not be done until after another hearing is held pursuant to notice as required for an original hearing.
(f) Resolution of determination. After public hearing, Council may, by resolution, determine to make the improvement and defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefitted in proportion to the benefits derived, or to be derived, and designate whether it is to be assessed according to frontage or other basis. By such resolution, Council shall approve the plans and specifications for the improvement, determine the number of installments, not to exceed 6% per year, designate the district or land and premises upon which special assessments shall be levied, direct the City Assessor to prepare a special assessment roll in accordance with Council’s determination and designate the name by which such assessment roll shall be known and referred to.
(g) Special assessment roll. The City Assessor shall thereupon prepare a special assessment roll, including all lots and parcels of land within the special assessment district designated by Council, and shall assess to each lot or parcel of land such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district. There shall also be entered upon such roll the amount which has been assessed to the city at large.
(h) Certificate of Assessor. When the City Assessor has completed such assessment roll, he or she shall attach thereto, or endorse thereon, his or her certificate to the effect that such roll has been made by him or her pursuant to a resolution of Council (giving the date of adoption of the same) and that in making the assessments therein he or she has, as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in such resolution, the City Charter and this chapter. Thereupon, he or she shall file such special assessment roll with the City Clerk who shall present the same to Council.
(i) Notice of hearing on roll. Upon receipt of such special assessment roll, Council shall order it filed in the office of the City Clerk for public examination and shall, by resolution, fix the time and place when Council will meet and review such roll, which meeting shall be held not less than one week after notice thereof, specifying the purpose, time and place, has been published by the City Clerk at least once in a newspaper of general circulation in the city, to be designated by Council, or by posting notice thereof for the same length of time in three public places in the city.
(j) Written objections. Any person deeming himself or herself aggrieved by the special assessment roll may file his or her objections thereto, in writing, with the City Clerk prior to the close of such hearing, which written objections shall specify in what respect he or she deems himself or herself aggrieved.
(k) Hearing on objections. Council shall meet and review the special assessment roll at the time and place appointed or at an adjourned date therefor and shall consider any written objections thereto.
(l) Objection to improvement. If, at or prior to final confirmation of any special assessment, more than 50% of the number of owners of privately owned real property to be assessed for any improvement, or in case of paving or similar improvements, more than 50% of the number of owners of frontage to be assessed for any such improvement, object, in writing, to the proposed improvement, the improvement shall not be made by proceedings authorized by this chapter without a four-fifths vote of the members of Council, provided that this section shall not apply to sidewalk construction.
(m) Corrections and changes. Council may correct such 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 minutes.
(n) Confirmation or rejection of roll. After such hearing and review, Council may confirm such special assessment roll with such corrections as may have been made, if any, may refer it back to the City Assessor for revision or may annul it and any proceedings in connection therewith.
(o) Certificate of confirmation. The City Clerk shall endorse the date of confirmation upon each special assessment roll, and upon confirmation such roll shall be final and conclusive.
(p) Contractual provision. If all persons or property owners to be affected by any proposed improvement agree that such proposed improvement be made and that a special assessment be levied in connection therewith, the city may, in lieu of the procedure set forth in this section, enter into a written contract with all of the persons or property owners affected thereby, which contract, when properly approved and executed, shall operate as a complete special assessment procedure, and the assessment shall be made in accordance with such contract.
(Ord. 24, passed 12-8-1954)