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The Council may include in one proceeding such work or improvement in any number of separate land areas or sections or on any number of public streets, alleys, or other public places, or any portion or portions thereof, whether contiguous or directly connected or otherwise and may except therefrom any portion or portions thereof already improved and which may be stable or in good condition and repair. The territory comprising the District to be assessed need not be contiguous and the District may consist of separate and distinct areas or sections. The work performed in one area or section need not benefit the other area or section or areas or sections.
SECTION HISTORY
Based on Ord. No. 126,186.
All work of stabilizing land or improving streets to be done under the provisions of this article shall be performed, by the letting of a contract therefor as provided for herein, or by the direct employment of labor, equipment and purchase of materials by the City.
SECTION HISTORY
Based on Ord. No. 126,186.
Before ordering any work done or improvement made or acquisition which is authorized by this article, the Council shall pass an ordinance declaring its intention so to do which ordinance shall be referred to herein as the Ordinance of Intention. It shall be sufficient for said ordinance to briefly describe the work or improvement or acquisition in general terms, referring to the maps, plans, profiles and specifications therefor on file in the office of the City Engineer for further particulars, which said maps, plans, profiles and specifications shall govern and control for all details and description. For a description of the extent of the District proposed to be assessed, reference may be made to the Assessment District Map on file in the office of the City Clerk. Unless the hearing of objections shall not be required, as hereinafter provided, said ordinance shall fix a day, hour and place when and where all protests against the proposed work or improvements or acquisition, extent of the proposed Assessment District, manner of making the assessment, and the estimated assessment against any of the lots or parcels of land in said District, will be heard by the Council, which time shall be not less than fifteen (15) days nor more than sixty (60) days from the date of the passage of said ordinance. Said ordinance shall state that the improvement or acquisition therein contemplated is to be performed under the provisions of this article.
The hearing of objections shall not be required if the Council, when considering passage of the Ordinance of Intention, finds and determines by a four-fifths vote of all members thereof that all of the owners of lots or lands liable to be assessed, or their agents, who shall make oath that they are such agents, have signed and filed a petition waiving said hearing with the Clerk on or before the fifth day prior to the day that the resolution of intention is to be considered for passage declaring that they do not have any objections to the proposed work or work and acquisition, to any proposed change in contour or grade of land or streets, to the extent of the District to be assessed, to the manner of making the assessment or to the estimated assessment against any of the lots or parcels of land in said District, or any other objections, and requesting that the hearing of objections shall not be required.
Upon the adoption of said Ordinance of Intention the Clerk shall cause the same to be published once in a daily newspaper of general circulation printed and published in the City. Such publication shall be made not less than ten (10) days prior to the date of the public hearing as stated in said ordinance. If the hearing of objections is not required, the publication shall be within ten days after the date of the passage of said ordinance.
When serial bonds are to be issued to represent the costs and expenses of the proposed work, improvement or acquisition, a declaration to this effect shall be made in the Ordinance of Intention specifying the term and rate of interest which the bonds shall bear. The Ordinance of Intention shall also contain a statement of the estimated cost of the proposed improvement and the cost of proposed acquisition. In the event the Council elects to purchase the warrant, assessment and diagram, as hereinafter provided, a statement to this effect shall be contained therein.
SECTION HISTORY
Based on Ord. No. 126,186.
Before adopting the Ordinance of Intention for the purpose of land stabilization, the Council shall cause to be prepared for it by the Board a map or diagram showing each area of land and public street, alley, or other public place to be opened, widened, relocated or improved, the general nature, location and extent of the proposed improvements, and the parcels of land deemed by the Council to be benefited by the proposed work or improvement and to be assessed to pay the cost thereof, numbered to correspond with the numbers in the proposed assessment roll hereinafter provided for. The parcels of land hereinbefore referred to shall be included within a District to be known as the Assessment District, and indicated by a boundary line shown upon said map or diagram. Said map or diagram shall accompany and be part of the said proposed Assessment Roll which shall be prepared by the Board showing the total estimated costs of the proposed improvement (inclusive of incidental expenses) and the estimated amount of the several assessments proposed to be assessed upon each parcel of land, in proportion to the estimated benefits to be received by each of said several parcels of land.
The estimated cost of the improvement and said incidental expenses shall be separately stated.
When said map or diagram has been completed and it, together with the said proposed Assessment Roll, shall have been approved by the Council, the face and date of such approval shall be endorsed thereon by the City Clerk, and said map or diagram and proposed Assessment roll shall be filed with the City Clerk, and shall be open to public inspection.
SECTION HISTORY
Based on Ord. No. 126,186.
If any lot or parcel of land belonging to the United States, or to the State, or to any county, City, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of any public function, and is included within the District to be assessed to pay the costs and expenses thereof, the Council may, in the Ordinance of Intention, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work. If any such lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots or parcels of land.
If the Council, in the Ordinance of Intention, declares that any such lots or parcels of land owned and used as provided in this section shall be included in the assessment or if no declaration is made respecting any such lots or parcels of land, then the City shall be liable for such sums as may thereafter be assessed against such lots or parcels of land. The assessment shall be payable by the City out of the General Fund unless the Council shall in its Ordinance of Intention designate another fund. Any sums which may be assessed against any such lots or parcels of land shall not be payable by the City when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.
SECTION HISTORY
Based on Ord. No. 126,186.
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