(A) Whenever the City Council shall deem it necessary and expedient to construct or rebuild any sidewalk in the city, it may adopt a resolution to that effect, which resolution shall specify the place or places where such sidewalk shall be constructed or rebuilt, the kind and quality of the materials to be used therein, the width, the size, and manner of construction thereof, and the time within which the same shall be completed. The Council shall hold a public hearing on the proposed improvement following two publications in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed. The two publications shall be a week apart, and the hearing shall be at least three days after the last publication. The hearing may be adjourned from time to time, and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of four-fifths of all members of the Council.
(B) The cost of any improvement, or any part thereof, may be assessed upon property benefitted by the improvement, whether the property abuts on the improvement or not, based upon the benefits received. The area assessed may be less than, but may not exceed, the area proposed to be assessed as stated in the notice of hearing on the improvement. The city may pay such portion of the cost of the improvement as the Council may determine from general ad valorem tax levies or from other revenues or funds of the city available for the purpose.
(C) Any time after a contract is let or the work ordered by day labor, the expense incurred in its making shall be calculated under the direction of the Council. The Council shall then determine by resolution the amount of the total expense the city will pay, other than the amount, if any, which it will pay as a property owner, and the amount to be assessed. Thereupon, the Clerk-Treasurer, with the assistance of an engineer or other specially qualified person selected by the Council, shall calculate the proper amount to be assessed for the improvement against every assessable lot, piece, or parcel of land, without regard to cash valuation. The proposed assessment roll shall be filed with the Clerk-Treasurer and be open to public inspection. The Clerk-Treasurer shall thereupon, under the Council’s direction, publish notice that the Council will meet to consider the proposed assessment. Such notice shall be published in the newspaper at least once, not less than two weeks prior to such meetings of the Council, and shall state the date, time, and place of such meeting, and general nature of the improvement, the area proposed to be assessed, and that written or oral objections will be considered.
(D) At such meeting, or at any adjournment thereof, the Council shall hear and pass upon all objections to the proposed assessment, if any, and may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll. Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place when and where the hearing is to be continued, or if three days notice thereof be published in the newspaper.
(Ord. 14-3, passed 2-14-1972) Penalty, see § 93.99