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(a) Initiatory Resolution. When, by the provisions of the City Charter and the laws of the State, Council has power to make a public improvement by special assessment, it shall, by resolution, set forth the improvement intended to be made and direct the City Manager to prepare a report, with the assistance of the City Engineer, containing any information it may request concerning such improvement.
(b) Plans and Specifications. The City Manager shall request the Engineer to prepare, or cause to be prepared, plans and specifications of the improvement to be made, an estimate of the life of the improvement and of the cost thereof, plats of the lands affected thereby, and such other information as Council may request.
(c) Manager's Report. The Manager shall prepare his or her report and include in it a schedule of all property affected by the proposed improvement, listing the assessed valuation, tax delinquencies, whether land is vacant or improved, pertinent information on such parcels as are owned by public authorities, and such other information as Council may request. The Manager shall then present such report to Council along with the plans and specifications of the Engineer, together with his or her recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which the assessment should be spread and the lands which should be included in the special assessment district.
(d) Notice of Hearing. After the filing of the report and plans and specifications referred to herein, Council shall, by resolution, order the same filed with the Clerk and provide for a public hearing before Council on the improvement to be made, which hearing shall be not held less than one week after notice thereof has been given by first class mail to the owner of each lot or parcel of land affected thereby at his or her address or the address shown on the last tax roll of the City or by publication at least once in a newspaper of general circulation in the City, to be designated by Council, or by posting notices thereof for the same length of time in three public places within the City.
(e) Public Hearing; Objections and Changes. At the time and place specified in such notice for the public hearing, Council shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by Council and Council may make such changes in the proposed work or assessment which seem reasonable or proper in view of any objections, or for any other reason which may appear to be for the best interests of the City. However, if the improvements intended to be made are enlarged upon or additions made to the district to be assessed, the same shall not be done until after another hearing is held pursuant to notice as required for original hearings.
(f) Resolution of Determination. After the public hearing, Council may, by resolution, determine to make the improvement and defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefited in proportion to the benefits derived, or to be derived, and designate whether it is to be assessed according to frontage or on another basis. By such resolution, Council shall approve the plans and specifications for the improvements, determine the number of installments in which assessments may be paid, determine the rate of interest to be charged on installments, not to exceed six percent per year, designate the district or land and premises upon which special assessments shall be levied, direct the Assessor to prepare a special assessment roll in accordance with Council's determination, and designate the name by which the assessment roll shall be known and referred to.
(g) Special Assessment Roll. The Assessor shall thereupon prepare a special assessment roll, including all lots and parcels of land within the special assessment district designated by Council, and shall assess to each such lot or parcel of land such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district. There shall also be entered upon such roll the amount which has been assessed to the City at large.
(h) Certificate of Assessor. When the Assessor has completed such assessment roll, he or she shall attach thereto, or endorse thereon, his or her certificate to the effect that the roll has been made by him or her pursuant to a resolution of Council (giving the date of adoption of the same) and that in making the assessments therein, he or she has, as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in such resolution, to the City Charter and to the provisions of this chapter. Thereupon, the Assessor shall file the special assessment roll with the Clerk who shall present the same to Council.
(i) Notice of Hearing on Roll. Upon receipt of such special assessment roll, Council shall order it filed in the office of the Clerk for public examination and shall, by resolution, fix the time and place when Council will meet and review such roll, which meeting shall be held not less than one week after notice thereof, specifying the purpose, time and place, has been given by first class mail to the owner of each lot or parcel of land affected thereby at his or her address or the address shown on the last tax roll of the City, or by publication at least once in a newspaper of general circulation in the City, to be designated by Council, or by posting notice thereof for the same length of time in three public places within the City.
(j) Written Objections. Any person deeming himself or herself aggrieved by the special assessment roll may file objections thereto in writing with the Clerk prior to the close of the hearing, which written objections shall specify in what respect such person feels aggrieved.
(k) Hearing on Objections. Council shall meet and review the special assessment roll at the time and place appointed or at an adjourned date therefor and shall consider any written objections thereto.
(l) Objection to Improvement. If, at or prior to final confirmation of any special assessment, more than fifty percent of the number of owners of privately owned real property to be assessed for any improvement, or, in the case of paving or similar improvements, more than fifty percent of the number of owners of frontage to be assessed for any such improvement, object in writing to the proposed improvement, the improvement shall not be made by proceedings authorized by this chapter without a five-seventh vote of the members of Council, provided that this section shall not apply to sidewalk construction.
(m) Corrections and Changes. Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in such roll shall be noted in the Council minutes.
(n) Confirmation or Rejection of Roll. After such hearing and review, Council may confirm such special assessment roll with such corrections as may have been made, if any, or may refer it back to the Assessor for revision or may annul it and any proceedings in connection therewith.
(o) Certificate of Confirmation. The Clerk shall endorse the date of confirmation upon each special assessment roll and upon confirmation such roll shall be final and conclusive.
(p) Contractual Provisions. If all persons or property owners to be affected by any proposed improvement agree that such proposed improvement be made and that a special assessment be levied in connection therewith, the City may, in lieu of the foregoing procedure, enter into a written contract with all of the persons or property owners affected thereby, which contract, when properly approved and executed, shall operate as a complete special assessment procedure and the assessment shall be made in accordance with such contract.
(Ord. 6. Passed 4-17-62; Ord. 2009-06. Passed 4-21-09.)