CHAPTER 33:   PUBLIC IMPROVEMENTS

§ 33.01  CHARTER PROVISIONS UNAFFECTED.
	Nothing contained in this subchapter shall be deemed to supersede, amend, alter or
	otherwise conflict with the provisions of the Charter as set forth regarding 
	special assessments.
(Ord. 6, passed 6-1-64)
Cross-reference:
	Special assessments, see Charter Ch. VII

§ 33.02  AUTHORITY OF CITY COUNCIL; COSTS OF IMPROVEMENTS.
	The City Council shall have the power to make any public improvements allowed by 
	law to be made within the city and to determine whether the whole or any part of 
	the cost thereof shall be defrayed by special assessment against the property 
	especially benefited thereby. The cost of engineering services, all expenses 
	incident to the proceedings for the making of the improvement and the financing 
	thereof, not to exceed one year's interest on any bonds to be issued to defray the 
	cost thereof, shall be deemed to be a part of the cost of the improvement.
(Ord. 6, passed 6-1-64)

§ 33.03  IMPROVEMENTS WITHIN HIGHWAY RIGHT-OF-WAY.
	No improvement shall be made within the right-of-way of a highway under the 
	jurisdiction of the State Highway Commission or the Board of County Road 
	Commissioners without written approval of the State Highway Commissioner or the 
	Board of County Road Commissioners as the case may be.
(Ord. 6, passed 6-1-64)

§ 33.04  NOTICE AND HEARING ON IMPROVEMENTS AND SPECIAL ASSESSMENTS.
	Whenever the City Council, by majority vote thereof, determines that a public 
	improvement should be made, it shall cause to be prepared by a registered engineer 
	plans showing the improvement and the location thereof and an estimated cost 
	thereof. On receipt of such plans and estimate, the City Council shall order the 
	same to be filed with the City Clerk, and if it shall desire to proceed further 
	with the public improvement, it shall by resolution tentatively declare its 
	intention to make such improvement as a public necessity and tentatively designate 
	the special assessment district against which all or a part of the cost of said 
	public improvement is to be assessed. The City Council shall then fix a time and 
	place when and where it will meet and hear any objection to the making of the 
	public improvement, and to the special assessment district to be assessed 
	therefor, and shall cause notice of such hearing to be given by publication thereof 
	twice prior to such hearing in a newspaper having general circulation in the city,
	the first publication to be at least ten days prior to the time of the hearing. 
	Such notice shall state that the plans and estimates are on file with the City 
	Clerk for public examination and shall contain a description of the proposed 
	special assessment district. The City Council shall also cause to be sent by 
	ordinary mail, not later that ten days prior to said hearing, a copy of said notice 
	to all property owners, as shown on the current assessment rolls of the city, 
	within the proposed special assessment district. At the time of said hearing, or 
	any adjournment thereof, which may be without further notice, the City Council 
	shall hear any objections to the proposed public improvement and to the special 
	assessment district, and may revise, correct, amend or change the plans, estimate 
	of costs and the special assessment district; provided, that no property shall be 
	added to the district nor any increase in the estimate of cost in excess of 10% of 
	the original estimate of the cost shall be made unless notice be given as above 
	provided, or by personal service upon the owners of the property in the entire 
	proposed special assessment district and a hearing afforded to such owners.
	
(Ord. 6, passed 6-1-64)

§ 33.05  APPROVAL; PREPARATION OF SPECIAL ASSESSMENT ROLL.
	After the hearing on the determination of the public necessity of making said 
	public improvement as set forth in the next preceding paragraph, if the City 
	Council then desires to proceed with the public improvement, it shall by resolution 
	determine to make the same as a public necessity and shall approve the plans, 
	specifications and estimate of costs as originally presented or as revised, 
	corrected, amended or changed, and determine what part of the cost thereof shall be 
	defrayed by special assessment. The City Council shall thereupon direct the City 
	Assessor to make a special assessment roll, in which shall be entered and described 
	all parcels of land to be assessed, with the names of the respective owners 
	therefor, if known, and the total amount to be assessed against each parcel of 
	land, which amount shall be such relative portion of the whole sum to be levied 
	against all parcels of land in the special assessment district as the benefits of 
	each parcel of land bears to the total benefit to all parcels of land in the 
	special assessment district. When the assessor shall have completed the assessment 
	roll, he or she shall affix thereto his or her certificate stating that it was made 
	pursuant to a resolution of the City Council adopted on a specified date, and that 
	in making such assessment roll he or she has, according to his or her best 
	judgment, conformed in all respects to the directions contained in such resolution 
	and the statutes of the state.
(Ord. 6, passed 6-1-64)

§ 33.06  NOTICE AND HEARING ON SPECIAL ASSESSMENT ROLL; APPROVAL.
	When any special assessment roll shall have been reported by the City Assessor to 
	the City Council, the same shall be filed in the office of the City Clerk. Before 
	confirming such assessment roll, the City Council shall appoint a time and place 
	where it shall meet and revise the same and hear any objections thereto, and shall 
	cause notice of such hearing and the filing of such assessment roll to be published 
	twice prior to such hearing in a newspaper circulated in the city, the first 
	publication to be at least ten days before such hearing, and shall give further 
	notice of such hearing by ordinary mail to all property owners as shown on such 
	special assessment roll. Such hearing may be adjourned from time to time without 
	further notice. Any person objecting to the assessment roll shall file his or her 
	objection thereto in writing with the City Clerk before the close of such hearing 
	or within such further time as the City Council may grant. After such hearing the 
	City Council may confirm the special assessment roll as reported to it by the City 
	Assessor or as amended or corrected by it, or may refer it back to the City 
	Assessor for revision, or may annul it and direct a new roll to be made. When a 
	special assessment roll shall have been confirmed by the City Council, the City 
	Clerk shall endorse thereon the date of confirmation. After such confirmation, the 
	special assessment roll and all assessments thereon shall be final and conclusive 
	unless attacked in a court of competent jurisdiction within 30 days after the date 
	of confirmation.
(Ord. 6, passed 6-1-64)

§ 33.07  SPECIAL ASSESSMENT PAYMENTS AND PENALTIES.
	(A)	Installments; due date. At the time of confirmation of the special 
		assessment roll, the City Council shall determine whether the special 
		assessment will be payable in one or more annual installments. The amount 
		of each installment, if more than one, need not be extended upon the 
		special assessment roll until after confirmation. If the special assessment 
		is made payable in installments, the City Council shall determine whether 
		the first installment shall be due upon confirmation of the special 
		assessment roll or upon the following July 1. Subsequent installments shall 
		be due on July 1 of succeeding years.

	(B)	Interest. Interest shall be computed on the entire unpaid principal balance 
		of the special assessment at the rate specified in the City Council 
		resolution confirming the special assessment roll and shall be paid in full 
		on each installment due date. Interest shall commence on such date as shall 
		be specified in the City Council resolution confirming the special 
		assessment roll. All interest shall be a lien against the property to which 
		the assessment applies, and shall be collectible in the same manner as the 
		assessment to which it is added.


	(C)	Prepayments. A future-due installment may be paid at any time in full, with 
		interest accrued on the installment through the last day of the month in 
		which the installment is paid. No partial payment of a future-due 
		installment shall be accepted by the City Treasurer.

	(D)	Penalties. If an installment due July 1 plus all accrued interest (computed 
		to July 1) is unpaid by September 1, there shall be added to the amount of 
		the installment plus accrued interest a penalty of 3%. If an installment 
		plus all accrued interest is unpaid by October 1, there shall be added to 
		the amount of the installment plus accrued interest an additional penalty 
		of 1%. If an installment plus all accrued interest is unpaid by November 1, 
		there shall be added to the amount of the installment plus accrued interest 
		an additional penalty of 1%. If an installment plus all accrued interest is 
		unpaid by November 15, there shall be added to the amount of the 
		installment plus accrued interest a penalty of 3%. All such penalty charges 
		shall be in lieu of interest on the installment, shall be a lien against 
		the property to which the assessment applies, and shall be collectible in 
		the same manner as the assessment to which they are added.

	(E)	Transfer to December tax roll. No payment of an installment shall be 
		accepted by the City Treasurer from and after November 15, and the City 
		Assessor shall transfer to the December tax roll any installment which 
		remains unpaid on November 15.

	(F)	Apportionment of assessment among parcel divisions. Should any parcel of 
		land be divided after special assessment thereon has been confirmed, and 
		before the collection of each and every installment thereof, the City 
		Assessor shall apportion the uncollected amounts between the several 
		divisions thereof.
(Ord. 6, passed 6-1-64; Am. Ord. 74, passed 8-12-81)
Cross-reference:
	Lien for payment of special assessment, see Charter § 7.8