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(A) Adopt ordinance. If the Town Council at the hearing, or at any later time or times to which the hearing might be continued, determines to proceed with the project, an ordinance shall be adopted. The ordinance shall be based on the items considered and shall include the following:
(1) An order that the district within which the local improvements shall be made is formed and the order shall include a description of the district’s boundaries;
(2) A finding relating to notice and public hearing requirements of this chapter;
(3) A finding or ruling on the protests, if any had been lodged;
(4) A finding that the local improvement project is in the public interest and that special benefits are anticipated to result to the affected properties;
(5) An approval of the plans for the project;
(6) An order directing construction of the improvements;
(7) An approval of the proposed assessments schedule and the manner or method of levying the assessments in accordance with § 8-4-8 of this chapter; and
(8) An approval of the installment schedule for the payments of assessments when levied and the maximum interest rate, if applicable.
(B) Objections and remonstrances. The ordinance may expressly rule upon objections and remonstrances. If no express ruling is made, adoption of the ordinance will have the effect of overruling all objections and remonstrances.
(C) Defeat of ordinance. By defeat of a proposed ordinance, the Town Council will determine that the improvement project is not in the public interest, but it shall not limit proceedings for the same or similar improvements from being considered again at any time in the future.
(Ord. 9(1976) § 1-6(a))
(A) Ordinance limits costs; exceptions. The ordinance ordering the improvements shall include a statement that the assessments which can be levied against the affected properties will be limited to the amount shown on the schedule approved in the ordinance adopted under § 8-4-6 of this chapter, except under the following circumstances:
(1) Actual construction costs exceed estimated construction costs, but only to the maximum of an additional 15%;
(2) Land acquisition costs exceed the estimated costs; and/or
(3) Separate and additional elements of cost are incurred in construction or for other items which are of a nature generally not foreseen and included in the construction costs at the time of estimate. Such is to be based upon experience and similar projects in the past.
(B) Limit increase. The Council may by ordinance further limit the increase in assessments over the estimates as it deems appropriate. Further, the notice required in § 8-4-4 of this chapter must contain the provisos of subsection (A) of this section in order for the assessments to be higher than the amount shown on the schedule.
(Ord. 9(1976) § 1-6(b))
(A) Let contracts. The Town Manager will be responsible to carry forward the order contained in the Council’s ordinance. Town forces may be used to construct the improvements. If not, the Town Manager shall let a contract or contracts within a reasonable time under all the circumstances. The Manager may let the contract for the improvements by bid or by negotiation as directed by the Council. If the bids exceed the estimated amount, the Manager has the authority to reject them and have the project put out again for bid when the conditions are deemed more favorable.
(B) Consolidation of improvements. The Town Manager has the authority to combine similar improvements for different areas for contracting purposes to affect economies.
(C) Fairness in apportioning. Economies affected will be equitably apportioned between the town and the affected properties by the Town Council at the time of the imposition of assessments.
(Ord. 9(1976) § 1-7)
After the expiration of 30 days from the date of the final action and approval by the Town Council of the ordinance described in §§ 8-4-6 and 8-4-7 of this chapter, all actions or suits attacking its findings, determinations and contents, and of all proceedings relating thereto, shall be perpetually barred and shall be conclusive of the facts so stated in the ordinance in every court or other tribunal. In order for one to have standing to sue, one must have asserted his or her protests, objections and remonstrances in accordance with the requirements of this chapter. Review shall be limited to the same and the factual and legal grounds asserted before the Town Council.
(Ord. 9(1976) § 1-8)
(A) Hearing.
(1) Manager hearing. The Town Manager may hold such administrative hearings relating to the imposition of assessments as the Manager deems appropriate to obtain reactions thereto from affected property owners. The Manager shall use whatever procedures he or she determines to be appropriate to inform affected property owners of the administrative hearing(s).
(2) Council hearing. Upon ascertaining the costs of the project. and after holding administrative hearings, if any, the Town Manager shall bring the matter on the levying of assessments before the Town Council. No such hearing will be held before the Council until the improvements have been substantially completed.
(B) Levying.
(1) Special benefit designated.
(a) If the Town Council determines that the improvements confer special benefits to the real or personal property within the district, assessments may be made, pursuant to this chapter, and levied on any basis which the Town Council determines to be equitable under all of the circumstances. The assessments made shall be sufficient to cover the portion of the total cost of the improvements to be defrayed by the levying of special assessments. Special assessments shall not exceed the special benefits as determined by the Council.
(b) For purposes of this chapter,
SPECIAL BENEFITS means that the real property has available improvements which enhance the present and/or potential use, convenience, value, reduction in maintenance costs, alleviation of health and sanitation hazards, or enjoyment of the property. Factors which may be weighed and considered by the Town Council in determining special benefits include, but are not limited to, the following:
1. The effects upon the appearance and environment of and for the properties abutting upon or in the vicinity of the improvements;
2. The availability of the improvements for use by the properties abutting upon or in the vicinity of the improvements;
3. The type of improvements made and the policy followed in making assessments on similar improvements constructed in the past;
4. The nature of the improvements, singularly or in combination, and their influence throughout the area and as to the individual parcels of property;
5. The ever-increasing responsibility and changing concept of what is required of the individual property owners at their own costs under the police power even though the general public also has available to it such improvements;
6. Unique features of particular properties;
7. The zoning, the uses and potential uses of the properties in the vicinity of the improvements;
8. Opinions on the effects upon the fair market values from the improvements upon properties in the vicinity of the improvements; and
9. The probable influence from the improvements relating to the protection or preservation of the values of the properties in the vicinity of the improvements.
(2) Imposition by ordinance. If the Town Council at the hearing, or at any later time or times to which the hearing might be continued, determines from the evidence that special benefits have accrued to affected properties, then the assessments will be levied and imposed by ordinance. The ordinance will include a finding relating to notice and public hearing requirements of this chapter and resolve the issues, if any, which have been presented through appropriate objection. In the event installment payments can be made, the ordinance shall set forth the schedule and the interest rate.
(C) Ordinance levying; conclusiveness. After the expiration of 30 days from the effective date of the ordinance described in subsection (B)(2) of this section, all actions or suits attacking in any way the proceedings held, the determinations and findings made, and the assessments levied therein, shall be perpetually barred and shall not thereafter be questioned in any court or before any other tribunal. In order for one to have standing to challenge the proceedings in any respect, or the ordinance adopted, or any assessment levied, one must have asserted his or her objections in accordance with the requirements of this chapter. Review shall be limited to the objections so asserted.
(D) Set aside, new assessment. If a court of competent jurisdiction sets aside any final assessment, then the Town Council may make a new assessment generally in accordance with the provisions of this chapter. Notices and procedures followed need not be in strict compliance with this chapter so long as the affected property owner is afforded due process of law.
(E) Lien; exception. All assessments made in pursuance of this chapter shall be a lien in the several amounts assessed against each tract or parcel of land from the effective date of the assessing ordinance. A lien shall not, however, attach to any tract or parcel of land so assessed which is owned by the state, or any agency, or instrumentality thereof, or any county, municipality, school district, special or quasi-municipal district, other political subdivision or private corporation operating a public utility.
(F) Subdivision. As to any subdivisions of any real estate assessed in pursuance of this chapter, the assessments shall in each case be a lien upon the individual lots of the subdivision in proportion to their respective shares.
(G) Lien; superiority. The liens for assessments granted by subsections (E) and (F) of this section shall be prior and superior to all other liens, claims, encumbrances and titles, whether prior in time or not, and shall constitute such a lien until paid; provided, however, the assessment lien is subordinate and junior to any lien for general taxes and is subject to extinguishment by the sale of any property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any tract or parcel of land is prior and superior to any assessment lien thereon subsequently levied.
(H) Time due. Subject to the requirements of subsections (I) and (J) of this section, all installments both of principal and interest, shall be payable at such times as may be determined in and by the assessing ordinance referred to in subsection (B)(2) of this section.
(I) Lump payment; when due. All assessments made in pursuance of this chapter shall be due and payable without demand within 30 days after the publication of the assessing ordinance, after its final passage.
(J) Installment payment.
(1) Owner discretion. All assessments as mentioned in subsection (J)(2) of this section may, at the election of the owner, be paid in installments with interest as provided in subsection (J)(5) of this section, if so authorized by the Town Council.
(2) Election of method. Whenever the Town Council authorizes the payment of assessments in installments with interest as provided in subsection (J)(3) of this section, failure to pay the whole assessment within the period of 30 days shall be conclusively considered and held as election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
(3) Regaining right. At any time prior to the date a delinquent assessment is certified to the County Treasurer for collection, but not thereafter, the owner may pay the amount of delinquent installments and accrued interest as provided under subsection (J)(5) of this section, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
(4) Prepayment. The owner of any piece of real estate may at any time pay the whole unpaid principal due under the assessing ordinance referred to in subsection (B)(2) of this section, with the interest accrued to the next interest payment date, together with penalties, if any.
(5) Annual or semi-annual installments. In case of an election to pay in installments under subsection (J)(2) and (J)(3) of this section, the assessment shall be payable in annual or semi-annual installments not to exceed 20 years in length, or as determined and directed by the Council, shall be substantially equal, including principal, with interest in all cases on the unpaid principal payable annually or semi-annually at a rate equal to or less than that set in the ordinance ordering the improvements. The Town Council shall set the installment interest rate in the ordinance ordering the improvements, but the interest rate shall in no event be less than the highest interest rate to be borne by the bonds, if any, of the district. Further, nothing contained in this subsection (J)(5) shall be construed as limiting the discretion of the Town Council in providing a different number of installments or periods of payment than is provided in this chapter, or in determining the time when the first installment of principal or interest or both shall become due.
(K) Interest-free period. Payments under the assessing ordinance referred to in subsection (B)(2) of this section, may be made to the Director of Finance and recorded at any time within 30 days of the final publication of the assessing ordinance, without penalty or the payment of interest. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the town at least ten days before the end of the 30-day period, which notice shall state the place of payment and the time for it to close. Before any installment payment date a notice may also be published. The failure to publish such notice or to do any other act or thing required by this chapter shall not affect the assessment or any installment thereof, or the lien the town holds therefor, nor extend the time for payment thereof.
(Ord. 9(1976) §§ 1-9(a,b), 1-14 – 1-26)
(A) Issuance authority. The Town Council shall have the power by ordinance without an election to issue bonds for the purpose of paying all or such portion of the cost of constructing or installing any special or local improvement projects ordered pursuant to the provisions of this chapter, including the costs incidental thereto. The bonds may be of the total principal amount, date, denomination, form, terms and bear such interest as may be prescribed by the Town Council and shall be payable in a sufficient period of years after their date to cover the period of payment of the improvements to be provided. If the Town Council so determines, the bonds may be redeemable prior to maturity with or without the payment of a premium. The bonds may be issued upon estimates approved by the Town Council and may be payable in whole or in part out of the monies collected on account of the assessments made for the authorized improvements. All monies collected from the assessments for the improvements shall be applied to the payment of the bonds so issued, until payment in full is made of all the bonds, both as to principal and interest.
(C) Surplus or deficit fund. Where all outstanding bonds of a special or local improvement district have been paid and any monies remain to the credit of the district, they shall be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any special or local improvement district fund to meet the payments of outstanding bonds and interest due thereon, the deficiency shall be paid out of the surplus and deficiency fund. Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued, and for any reason the remaining assessments are not paid in time to take up the remaining bonds of the district and the interest due thereon and there are not sufficient monies in the special surplus and deficiency fund, then the town shall pay the bonds when due and the interest due thereon, and reimburse itself by collecting the unpaid assessments due the district.
(D) Town payment. In consideration of general benefits conferred upon the town at large from the construction and installation of improvements in improvement districts, the Town Council may levy annual taxes without an election on all taxable property within the town at a rate to be determined by the Town Council, for the purpose of advancing monies to maintain current payments of interest and equal annual payments to the principal amount of bonds issued for any improvement district created pursuant to the provisions of this chapter. The proceeds of the taxes shall be placed in a special fund and shall be disbursed only for the purposes specified in this chapter, provided that in lieu of the tax levies, the Town Council may annually transfer to the special fund any available monies of the town.
(Ord. 9(1976) § 1-10(a–d))
After the expiration of 30 days from the date of the final action and approval by the Town Council of the ordinance providing for the issuance of the bonds, all actions or suits attacking its findings, determinations, and content or questioning the legality of the bonds authorized therein and all proceedings relating thereto, shall be perpetually barred and the ordinance and bonds shall be conclusive of the facts so stated in the ordinance and bonds and shall be conclusively deemed valid and legal in every court or other tribunal and shall not be open to contest by the town or any person whomsoever, for any reason whatever.
(Ord. 9(1976) § 1-10(e))
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