HomeMy WebLinkAboutChp8upd100811CHAPTER 8 (Draft of proposed changes 8/11/10) 1
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PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 3
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Section 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of 5
public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of 6
such improvements as are of a local character. The total assessments for any local improvement may not 7
exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No 8
assessment shall exceed the benefits to the property. 9
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Section 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall 11
mean a public improvement financed partly or wholly from special assessments) shall be carried out 12
exclusively under the provisions of this Charter. 13
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Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter 15
goes into effect, the Council shall enact suitable ordinance(s) governing local improvements and special 16
assessments. If the specific projects for a local improvement are done in sections not the same as the 17
assessment District the Council shall provide a definition of a Project District to be used for definition of 18
benefited property owners for the purpose of initiative and referendum for each project. The ordinance(s) 19
shall provide a complete working code covering: 20
The determination of assessments and assessment Districts 21
The determination of Project Districts when specific benefited properties differ from the assessment 22
District 23
Public hearings 24
Appeals from a collection of assessments 25
Penalties for delinquency in making payments 26
Financing of said assessments 27
The certifying of unpaid assessments for collection by the proper county officer 28
Installment payments and notices to be given thereof 29
Appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of 30
local improvements and assessments. 31
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After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance 33
therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this 34
Charter. 35
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Section 8.04. Procedure. 37
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Subdivision 1. All improvements to be paid for by special assessments against the benefited property 39
shall be instituted by one of the following methods: 40
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(1) The petition of at least twenty-five percent in number of the benefited property owners together with a 42
resolution adopted by an affirmative vote of the majority of all of the Council 43
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(2) A resolution adopted by a four-fifths affirmative vote of all of the Council. 45
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The Council resolution shall state the nature and scope of the proposed improvement, and shall provide 47
means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in 48
total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing 49
on the proposed improvement, setting forth therein the time, place and purpose of such hearing. 50