CHAPTER 4: LOCAL IMPROVEMENT DISTRICTS

Section

8-4-1 Purpose

8-4-2 Definitions

8-4-3 Initiation

8-4-4 Notice requirements; Town Manager duties

8-4-5 Hearing

8-4-6 Order of improvements; prerequisites

8-4-7 Costs when above estimate

8-4-8 Improvement construction

8-4-9 Limitation on actions against project

8-4-10 Assessment procedure

8-4-11 Bonds

8-4-12 Limitation on actions against bonds or ordinance

8-4-13 Hearing notice

8-4-14 Objections; time limit

8-4-15 Participation at hearing

8-4-16 Nonpayment

8-4-17 Connection to utilities required

§ 8-4-1 PURPOSE.

   The provisions of this chapter and the Charter are intended to be the sole laws within the town relating to special and local improvement projects under which improvements are to be constructed or installed by the town, and special assessments are to be imposed against real properties to pay for all or a portion of the costs therefor. Special and local improvement projects of every character for which special assessments may be imposed and accomplished under the provisions of this chapter and the Charter include, by way of illustration but not limitation, the construction or installation of the following: storm sewers and improvements for drainage and flood control; street lighting; curbs; gutters; sidewalks; bridges; grading; graveling; paving or otherwise surfacing or improving; and landscaping streets, roadways and alleys. The construction or installation of more than one improvement may be accomplished as one project under the provisions of this chapter.

(Ord. 9(1976) § 1-1)

§ 8-4-2 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AFFECTED PROPERTY. Real property which is proposed to be or is assessed under a local improvement project.

   AFFECTED PROPERTY OWNER. One whose real property is proposed to be or is assessed under a local improvement project.

   COSTS OF THE PROJECT. All costs incurred in accomplishing the construction or installation of improvements, including the acquisition of right-of-way, along with associated administrative and overhead charges and expenses.

   TOWN MANAGER. The chief executive and administrative officer of the town and/or duly authorized agents.

(Ord. 9(1976) § 1-2)

§ 8-4-3 INITIATION.

   (A)   Order of Town Council. Local improvement projects may be initiated by order of the Town Council, subject to protest by the owners of a majority of all affected property. Implementation of projects generally rests with the Town Manager and his or her agents. The Town Council shall initiate a local improvement project by resolution directing the Town Manager and authorized agents to proceed and stating the Town Council’s intention that the project be initiated.

   (B)   Initiate by resolution. If a petition is received from more than 50% of the owners of property in the area of a proposed local improvement district, the Town Council shall initiate by resolution the project as specified in the petition.

   (C)   Affected parties notified. The Town Manager may hold such administrative hearings relating to a proposed improvement project as the Town Manager deems appropriate. The hearings may be used to inform affected property owners about the contemplated project, the assessments proposed and obtain their reactions thereto. The Town Manager shall use whatever procedures he or she determines to be appropriate to inform affected property owners of the administrative hearing(s).

(Ord. 9(1976) § 1-3)