(a) Initiatory resolution. When, by the provisions of the City Charter and the laws of the , Council has the power to make a public by special assessment, it , by resolution, set forth the intended to be made and direct the Mayor to prepare a report, with the assistance of the , containing any information it request concerning such .
(b) Plans and specifications. The Mayor request the to prepare, or cause to be prepared, plans and specifications of the to be made, an estimate of the life of the and of the thereof, plats of the lands affected thereby and such other information as Council have requested.
(c) Report of Mayor. The Mayor prepare his or her report which shall include a schedule of all affected by the proposed , listing the assessed valuation, tax delinquencies, whether is vacant or improved, pertinent information on such parcels as are owned by public authorities and such other information as Council have requested, and shall present it to Council along with the plans and specifications of the , together with his or her recommendation as to what proportion of the should be paid by special assessment and who part, if any, should be a general obligation of the city, the 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 , by resolution, order the same filed with the City Clerk and provide for a public hearing before Council on the 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 meet and hear any person to be affected by the proposed public . The hearing 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 , by resolution, determine to make the and defray the whole or any part of the of the by special assessment upon the 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 approve the plans and specifications for the , determine the of installments, not to exceed 6% per year, designate the district or and 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 thereupon prepare a special assessment roll, including all lots and parcels of within the special assessment district designated by Council, and shall assess to each such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such bears to the total benefits to all lands in such district. There 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 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 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 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 file his or her objections thereto, in writing, with the City Clerk prior to the close of such hearing, which written objections specify in what respect he or she deems himself or herself aggrieved.
(k) Hearing on objections. Council 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
. If, at or prior to final confirmation of any special assessment, more than 50% of the of owners of privately owned real to be assessed for any , or in case of paving or similar improvements, more than 50% of the of owners of frontage to be assessed for any such , object, in writing, to the proposed , the 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 construction.
(m) Corrections and changes. Council correct such roll as to any assessment or description of any or other errors appearing therein. Any changes made in such roll be noted in the Council minutes.
(n) Confirmation or rejection of roll. After such hearing and review, Council 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 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 owners to be affected by any proposed agree that such proposed be made and that a special assessment be levied in connection therewith, the city , in lieu of the procedure set forth in this section, enter into a written contract with all of the persons or owners affected thereby, which contract, when properly approved and executed, operate as a complete special assessment procedure, and the assessment be made in accordance with such contract.
(Ord. 24, passed 12-8-1954)