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01-11-1996 Charter Packet
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01-11-1996 Charter Packet
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Charter Commission
Meeting Date
01/11/1996
Charter Meeting Type
Regular
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CHAPTER S <br /> PUBLIC''IMPROVEMENTS AND SPECIAL ASSESSMENTS <br /> Section `8.1 Power, to Make improvements and Levy Assessments. The city may <br /> make any type of local improvement not forbidden by law and.levy special assessments to pay all <br /> or part of the cost of such local improvements. The total of the assessments for any local <br /> improvement may not exceed the cost of the local improvement, plus all costs and expenses <br /> connected therewith, including interest. No assessment shall exceed the benefit to the property <br /> assessed as measured by the increase in the market value of the property assessed as a result of <br /> local improvement. <br /> Section 8.2 Application of Charter. All local improvement projects shall be carried out <br /> exclusively under the provisions of this charter. The term "local improvement" as used in, this <br /> section shall mean a public improvement financed partly or wholly from special assessments. <br /> Section 8.3 Assessments for Services. The council may provide by ordinance`that the <br /> cost of the city services to streets, sidewalks, or other public or private property may be assessed <br /> against property benefitted and may be collected in the same manner as special assessments. <br /> Section 8.4 Local Improvement Procedure. When the city undertakes any local <br /> improvement to which the state local improvement code applies,it shall comply with the provisions <br /> of that law,except as modified below. The council may by ordinance prescribe the procedure to be <br /> followed in making any other local improvement and levying assessments therefore. <br /> 8.4.1 Sixty Day Waiting Period. A period of sixty (60) days shall elapse after the <br /> conclusion of the public hearing required by law to precede the ordering of the construction <br /> of a local improvement project(the "Public Hearing")before the actual ordering of the local <br /> improvement by the council and the council entering into a contract for the local <br /> improvement construction. <br /> 84.2 Petition Against the Local Improvement. If the proposed local <br /> improvement was initiated by petition of the owners of the real property abutting on the <br /> streets named in the petition,and if,within thirty (30) days of the conclusion of the public <br /> hearing, a petition against such local improvement is filed with the city administrator and <br /> which petition is signed by a percentage of the owners of the real property abutting on the <br /> streets named in the initiating petition as the location of the improvement which percentage <br /> is greater than the percentage of owners who signed the initiating petition, the council shall <br /> not make such local improvement at the expense of the said abutting property owners. <br /> 8.4.3 Counter Petition in Favor of the Improvement. If within thirty (30) days <br /> of the filing with the city administrator of a petition against the local improvement as <br /> described in Section 84.2 above,there is filed with the city administrator a petition in favor <br /> of the local improvement,%signed by owners of the real property abutting on the streets <br /> named in`the initiating petition as the location of the improvement, is a percentage greater <br /> than the percent'of owners who signed the petition against the local improvement, then to <br /> such event the council may disregard the petition against the local improvement and proceed <br /> with the local inYprovement. <br /> 8.4.4 Petition Against Council Initiated Improvement. If the local <br /> improvement was initiated by council resolution without an initiating petition and, within <br /> sixty (60) days; of the conclusion of the public hearing, a petition is filed with the city <br /> administrator against such local improvement and which petition is signed by greater than <br /> 50 percent of the owners of all the real property parcels proposed to be assessed for and <br />
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