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SPECIAL ASSESSMENTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COST. When referring to the cost of any local public improvement, shall include the costs of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction, legal fees, interest on special assessment bonds not to exceed one year, and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof.
LOCAL PUBLIC IMPROVEMENT. Any public improvement which is of such a nature as to benefit especially any real property or properties within a district in the vicinity of such improvement and shall include new construction, repairs, resurfacing, and similar improvements.
TREASURER-CLERK or CLERK. The Village Clerk-Treasurer.
(1984 Code, § 1-05-010.2) (Ord. 41, passed 3-21-1974; Ord. 143, passed 7-24-1984)
Local public improvements may be initiated by petition signed by property owners whose aggregate property in the proposed district was assessed for not less than 51% of the total assessed value of the privately-owned real property located therein, all shown by the last preceding general tax records of the village. Such petition shall contain a brief description of the property owned by the respective signatories thereof and if it shall appear that the petition is signed by at least 51%, as aforesaid, the Clerk-Treasurer shall certify same to the Council. The petition shall be addressed to the Council and filed with the Clerk-Treasurer and shall in no event be considered directory, but is advisory only.
(1984 Code, § 1-05-030) (Ord. 41, passed 3-21-1974)
(A) Proceedings for making public improvements and defraying the entire cost or any part thereof by special assessment may be initiated by resolution of the Council. 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 cause the engineer for the village to make an investigation of the proposed public improvement and report his or her findings to the Council.
(B) Said report shall include an analysis of the following:
(1) The estimated cost of the proposed public improvement; and
(2) Plans and specifications for the public improvement.
(C) There shall also be included recommendations as to the following:
(1) The portion of the cost to be borne by the special assessment district and the portion, if any, to be borne by the village at large;
(2) The extent of the improvement and boundaries of the district;
(3) The number of installments in which assessments may be paid; and
(4) 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.
(1984 Code, § 1-05-040) (Ord. 41, passed 3-21-1974)
No 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 improvements, the cost of which is to be paid by special assessment upon the property especially benefitted thereby, until the Council has passed a resolution determining to proceed with such public improvement.
(1984 Code, § 1-05-050) (Ord. 41, passed 3-21-1974)
Upon receipt of the report of the engineer, if the Council shall determine to proceed with said improvement, it shall, by resolution, order the report prepared by the engineer filed with the Clerk-Treasurer. In addition, by said resolution, the Council shall tentatively determine to proceed with the public improvement, tentatively determine the necessity thereof and set forth the nature thereof, tentatively designate the limits of the special assessment district to be affected and describe the lands to be assessed, tentatively determine the part or proportion of the cost of the public improvement to be paid by the lands specially benefitted thereby and the part or proportion, if any, to be paid by the village at large for benefit to the village at large, shall direct the 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.
(1984 Code, § 1-05-060) (Ord. 41, passed 3-21-1974)
(A) When the said special assessment roll shall have been reported to the Council, it shall order the same filed in the office of the Clerk-Treasurer for public examination along with the report of the engineer required to be made pursuant to § 33.019, and shall fix a date, time, and place when the Council shall meet to finally determine the necessity of the improvement, composition of the district, and to review the roll and to hear complaints.
(B) The engineer’s report and the assessment roll shall be open to public inspection for a period of seven days before the hearing required by this section. The Clerk-Treasurer shall give notice of the hearing by the Council to determine necessity for the improvement, composition of the district and review of said special assessment roll and to hear complaints by publication at least once in a newspaper printed and circulated in the village at least ten days prior to the time of said meetings, and shall further cause notice of said 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 village at least ten days prior to the time of said hearing, said notice to be mailed to the addresses shown on the current assessment rolls of the village. Such notice shall state that the plans, estimates of cost, and that special assessment rolls are on file with the Clerk-Treasurer.
(1984 Code, § 1-05-070) (Ord. 41, passed 3-21-1974)
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