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1997 City Charter-Updated Sept. 24, 1997
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1997 City Charter-Updated Sept. 24, 1997
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CHAPTER 8 <br /> PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS <br /> Section 8.1 Power to Make Improvements and Levy Assessments. The city may make any <br /> type of local improvement not forbidden by law and levy special assessments to pay all or part of <br /> the cost of such local improvements. The total of the assessments for any local improvement <br /> may not exceed the cost of the local improvement, plus all costs and expenses connected <br /> therewith, including interest. No assessment shall exceed the benefit to the property assessed as <br /> measured by the increase in the market value of the property assessed as a result of the local <br /> 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 cost of <br /> the city services to streets, sidewalks, or other public or private property may be assessed against <br /> property benefited and may be collected in the same manner as special assessments. <br /> Section 8.4 Local Improvement Procedure. When the city undertakes any local improvement <br /> to which the state local improvement code applies, it shall comply with the provisions of that <br /> 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 <br /> construction of a local improvement project (the "Public Hearing") before the actual <br /> ordering of the local improvement by the council and the council entering into a contract <br /> for the local improvement construction. <br /> 8.4.2 Petition Against the Local Improvement. If the proposed local improvement <br /> was initiated by petition of the owners of the real property abutting on the streets named <br /> in the petition, and if, within thirty (30) days of the conclusion of the public hearing, a <br /> petition against such local improvement is filed with the city administrator and which <br /> petition is signed by a percentage of the owners of the real property abutting on the streets <br /> named in the initiating petition as the location of the improvement which percentage is <br /> 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 of the <br /> filing with the city administrator of a petition against the local improvement as described <br /> in Section 8.4.2 above, there is filed with the city administrator a petition in favor of the <br /> local improvement, signed by owners of the real property abutting on the streets named in <br /> the initiating petition as the location of the improvement, is a percentage greater than the <br /> percent of owners who signed the petition against the local improvement, then in such <br /> 16 <br />
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