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City Government

 

7. Local Improvement Districts

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CHAPTER 7

LOCAL IMPROVEMENT DISTRICTS

9-7-1: CITY TO CONTRACT
9-7-2: CONTRACT
9-7-3: ASSESSMENT OF PROPERTY
9-7-4: EXCEPTIONS OF ASSESSMENT
9-7-5: RULES OF PETITION
9-7-6: PUBLIC NOTICE OF PROPOSED IMPROVEMENT
9-7-7: HEARING OF ADVERTISED PROPOSED IMPROVEMENTS
9-7-8: FORMATION
9-7-9: APPROVAL
9-7-10: OWNERS OF ABUTTING REAL ESTATE
9-7-11: NOTICE OF COST
9-7-12: COMPLAINTS
9-7-13: ASSESSMENT ROLL
9-7-14: LIEN AGAINST PROPERTY
9-7-15: ASSESSMENTS; DUE AND PAYABLE
9-7-16: DEFAULT OF PAYMENT
9-7-17: FAILURE TO PAY
9-7-18: SALE OF UNPAID ASSESSMENTS
9-7-19: BONDS
9-7-20: PAYMENT OF BONDS
9-7-21: SURPLUS AND DEFICIENCY
9-7-22: DEFINITIONS
9-7-23: IMPROVEMENTS
9-7-24: LEGAL PROCEEDINGS
9-7-25: WAIVER OF PROCEDURES
9-7-26: ACQUISITION OF IMPROVEMENTS

9-7-1:  CITY TO CONTRACT:  The City shall have the power to contract for, construct, acquire or install special or local public improvements; to assess the cost thereof wholly or in part against the property specially benefited; to jointly make and jointly contract for a local public improvement and a general public improvement and to pay from any lawful fund that portion of the cost which is general public benefit; and to accept contributions or grants-in-aid to supply the whole or any part of the cost apportioned to the City, or to accept and apply such contribution or grants-in-aid wholly or in part to the credit of the appropriate public improvement district.  (276 1667)

9-7-2:  CONTRACT:  In all cases where the cost of local public improvements is to be assessed wholly or in part upon the property benefited, the improvements shall be constructed by independent contract or contracts.  All such contracts shall be let by the City Manager with the approval of the City Council. All such contracts shall be let to the lowest reliable and responsible bidder after publication of notice to bidders once a week for two (2) consecutive weeks by two (2) insertions in a newspaper of general circulation within the City, and such other newspaper or newspapers as may be designated by the City Council.  The right to reject any and all bids is reserved.  No such contract shall be made without bond for its faithful performance with sufficient surety or sureties thereon. (276)

The aggregate payments under any contract shall not exceed either the aggregate estimate of the City Engineer or the amounts appropriated.  Upon notice and for substantial cause the work under such contracts may be suspended or terminated forthwith by the City Council or the City Manager.  (276)

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Every contract shall be subject to the provisions of this Chapter and the provisions of any Ordinance authorizing the improvements or contracts.  (276)

In the letting of contracts the City Manager may impose such conditions upon bidders with regard to bonds and securities and such guarantees of good faith and responsibility on the part of the bidders for the faithful completion of the work and providing for any other material matter or thing in connection therewith as may be considered advantageous to the City.  (276)

Upon default in the performance of any contract the City Manager may advertise and let a contract for the incompleted work in a like manner and without further ordinance, and charge the cost thereof to the original contractor upon his contract; and when a deficiency shall in such case occur, the City Manager with the approval of the City Council may advance the amount thereof out of any available funds in the City and recover the same by suit on the original contract and bond.  (276)

9-7-3:  ASSESSMENT OF PROPERTY:  In all cases when the cost of a local public improvement is to be assessed wholly or in part upon the property benefited, the cost shall be assessed in proportion to benefits received.  Such assessments may be in proportion as the frontage of each lot or tract of land is to the frontage of all the lots and lands so improved, or may be in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district, or may be by any other method that will result in assessment being most equitably in proportion to benefits received. If, at the time of the passage of the ordinance authorizing any improvement, any piece of real estate has the whole or any part of the proposed improvement conforming to the general plan and acceptable to the City Engineer, the existing improvement may be adopted in whole or in part, or necessary changes thereof may be made to make the same conform to the general plan, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adopting or adapting such existing improvement. (276)

9-7-4:  EXCEPTIONS OF ASSESSMENT:  In all cases where the cost of a local public improvement is to be assessed wholly or in part upon property benefited, the improvement shall be initiated by the City Manager without receiving a petition therefor, except that when the owners of the real estate which would bear thirty five per cent (35%) or more of the estimated cost of the proposed improvements have filed a regularly executed petition therefor the City Manager shall advertise such improvement for remonstrances unless, in his judgment, the proposed improvement is not good and sufficient for the particular locality; Provided, however, that no improvement proposed by petition shall be advertised for remonstrances if the preliminary informal estimate of the City Engineer exceeds by more than ten per cent (10%) the maximum unit cost stated in the petition.  The estimate of the City Engineer shall be conclusive for this determination. (276)

9-7-5:  RULES OF PETITION:  Every petition for a proposed improvement shall describe the real property owned by each signer as being benefited by the proposed improvement, shall state the nature and location of the proposed improvement and the proposed maximum unit cost thereof, which unit cost shall be exclusive of the cost of collection of the assessments, other incidentals and all interest on any bonds issued in payment of construction and other costs from the time of issuance of said bonds to the time that interest commences on assessments; shall authorize advertising of the proposed improvement for remonstrances, if a preliminary, informal estimate of the City

Engineer indicates that the cost of the proposed improvement will not exceed by more than ten per cent (10%) the maximum unit cost set forth in the petition; and shall authorize an increase of the proposed maximum unit cost by not more than ten per cent (10%) thereof, and the assessment of such increase, if the estimate of the City Engineer determines that such increase is necessary.  (276)

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All signatures or petitions shall be subscribed and acknowledged in the manner provided by law for the acknowledgment of deeds of conveyance of real estate; provided, however, that the signature of any owner or owners of real property may be attached to a petition by their agents duly authorized by power of attorney accompanying the petition.  No petitioner, his heirs or assigns shall be permitted to withdraw from a petition after such petition has been filed with the City Manager unless the proposed improvement is not advertised for remonstrances within nine (9) months from the filing of the petition with the City Manager, and any petitioner who fails to withdraw prior to advertising shall be deemed to have waived his right to withdraw.  (276)

9-7-6:  PUBLIC NOTICE OF PROPOSED IMPROVEMENT:  In all cases where the cost of local public improvements is assessed wholly or in part upon property benefited, public notice of the proposed improvements, either individually or in groups, shall be given.  When it is proposed to assess real estate which is not abutting, adjoining, contiguous or adjacent to any proposed improvement, the notice shall state the exterior boundaries of the real estate proposed to be so assessed, or of the proposed district. The City Manager shall, by advertisement once a week for three (3) consecutive weeks, by three (3) insertions, in a newspaper of general circulation within the City, give notice to the owners of the real estate benefited and to all persons interested generally, and without naming such owners or persons, of a description of each proposed improvement and of the real property which would be benefited thereby, a proposed method of assessment and the manner of payment therefor, and the date, place and time for hearing written remonstrances to the proposed improvement, which date shall be not less than twenty (20) days after the first publication of the notice of the hearing.  In addition, the City Manager shall mail by first class mail, not less than ten (10) days prior to the hearing, a printed copy of such notice to the owners of record of all real estate in the proposed district as such owners of record are determined by reference to the current records in the office of the County Assessor, as such records are kept by that official for the purpose of performing his function of County Assessor.  (276)

9-7-7:  HEARING OF ADVERTISED PROPOSED IMPROVEMENTS:  On the day and at the time and place specified in the notice hereinabove set forth, the City Manager shall conduct a hearing for the purpose of considering the desirability of and the need for such advertised proposed improvements.  If for any reason the hearing is postponed and not held until a later hour or date, and the City Manager is hereby authorized to postpone any hearing to a fixed later hour and date, written remonstrances to a proposed improvement shall be accepted up to the opening of the postponed session of the hearing; otherwise, such written remonstrances must be filed prior to the date and hour of the original hearing.  (276)

All written remonstrances to a proposed improvement shall be subscribed and acknowledged in the same manner required for petitions for proposed improvements. No person who has signed his name for an improvement shall be permitted to sign a remonstrance to the same improvement unless such person has regularly withdrawn from such petition as herein provided.  (276)

If a duly executed written remonstrance is timely filed by persons constituting a majority of the owners of the property to be assessed, except in case the City shall pay one-half (1/2) or more of the total cost of the improvements made, the proposed improvements shall not be ordered.  (276)

After the hearing and subject to the foregoing limitations, the City Manager shall enter an order approving those proposed improvements which he considers proper and disapproving those proposed improvements which he considers proper.  All proceedings by the City Manager may be modified or rescinded wholly or in part at any time prior to the passage of the ordinance authorizing the improvements; provided that no substantial change in the district, details, preliminary plans or specifications or estimates shall be made after the first publication of notice to property owners except the deletion of improvements and property from the proposed program and district; and provided, further, that the City Manager shall have the right to make minor changes in the time, plans and materials entering into the work at any time before its completion. Any objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of said hearing shall be deemed waived unless presented by remonstrance at the time and in the manner herein specified. (276)

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9-7-8:  FORMATION:  After the hearing hereinabove set forth, the City Engineer shall combine into suitable construction units those proposed local public improvements which have been approved by the City Manager.  Each such construction unit whether composed of noncontiguous parts or sections, or not, shall constitute a local public improvement district and shall be so referred to hereinafter.  More than one kind of improvement may be combined in one local public improvement district.  The City Council may provide for a local public improvement district to consist of more than one assessment unit if the Council determines that, due to differences in cost, character, nature or location of the improvements, the costs can be more equitably assessed by means of separate assessment units within the local public improvement district.  In the formation of such local public improvement district or districts, the City Engineer shall make such condition as, in his judgment, will make for efficiency in construction and will result in the lowest possible construction cost.  For each such local public improvement district, the City Engineer shall submit to the City Manager a detailed estimate of the total cost of the improvements, and a detailed estimate for each improvement included within the district, exclusive of the cost of collection and other incidentals, and of all interest on bonds issued in payment of construction and other costs from the time of issuance of said bonds to the time that interest commences on assessments; full details and specifications for the proposed construction, which said details and specifications shall permit and encourage competition among bidders; a map showing the real property to be assessed for the cost of construction; and that portion, if any, of the cost of such construction which is not to be assessed for local public improvement.  (276 1633)

9-7-9:  APPROVAL:  Whenever the City Manager approves a local public improvement district as submitted by the City Engineer, he shall cause to be prepared and submitted to the City Council an Ordinance authorizing creation of the district and the construction of the improvements proposed, which ordinance shall be in the form recommended by the City Manager by his endorsement thereon.  (276)

The finding of the City Council by ordinance that any local public improvements where duly ordered after notice duly given, or that a petition or remonstrance was or was not filed, or was or was not duly subscribed and acknowledged as herein required shall be conclusive in every court or other tribunal. (276)

9-7-10:  OWNERS OF ABUTTING REAL ESTATE:  Before beginning any authorized construction, the City Manager may order the owners of the abutting real estate to connect their several premises with the gas, water and sewer mains or with any other conduits in the street or alley adjacent to their several premises.  In case of a failure or refusal by the owners of the abutting real estate to make the ordered connections, such connections shall be made incidental to the authorized construction and the cost thereof assessed upon the appropriate abutting real estate.  (276)

9-7-11:  NOTICE OF COST:  Upon completion of any local improvement, and upon acceptance thereof by the City Manager, or whenever the whole cost of an improvement, or a complete unit thereof, can be definitely ascertained, the City Manager shall publish notice once a week for three (3) consecutive weeks, by three (3) insertions in a newspaper of general circulation in the City, a notice to the owners of the real estate to be assessed and all persons interested generally, and without naming such owners or persons, that said improvements have been or are about to be completed and accepted, specifying the whole cost of the improvements, the portion, if any to be paid by the City, and the proposed apportionment on the real property benefited, and a statement that any written complaints, objections and remonstrances to the proposed apportionment which are filed with the City Manager at any time within twenty (20) days after the first publication of the notice will be heard and determined by the Council, sitting as a Board of Equalization, at its first regular meeting thereafter, giving the time and place of such meeting, or at an adjournment thereof, before the passage of any ordinance assessing the cost of such improvement. Any objection to the regularity, validity or correctness of the proceedings, or of said proposed apportionment, or of any assessment based thereon, and of the amount thereof levied on each tract and parcel of land, shall be deemed waived unless presented in writing at the time and in the manner herein specified.  In determining the whole cost of the local public improvement there shall be included therein, without limiting the generality of the foregoing, the cost of constructing or otherwise acquiring such improvement or improvements, engineering and clerical services and supplies, cost of inspection, cost of collecting assessments, advertising, printing, interest on bonds until interest on assessments commences to defray such, fiscal services, legal services for preparing proceedings and advising in regard thereto and other incidental costs.  (276)

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9-7-12: COMPLAINTS:  After the period specified in such notice, the City Council, sitting as a Board of Equalization, at its next regular meeting, or an adjournment thereof, shall hear and determine all written complaints, objections and remonstrances filed with the City Manager and may confirm the apportionment proposed or make any modifications which may seem equitable and just.   (276)

After the consideration of all objections to the apportionment, if any change in the apportionment shall be made by Council it shall certify such change to the City Manager, who shall prepare a new apportionment and an assessing ordinance in accordance therewith and transmit the same to Council.  The assessing ordinance shall assess the cost of the improvement against the real estate to be assessed in the district in the proportion finally determined.  The passage of the assessing ordinance shall be prima facie evidence of the fact that the property assessed is benefited in the amount of the assessment, and that such assessments have been lawfully made. (276)

9-7-13:  ASSESSMENT ROLL:  The City Clerk shall from said assessing ordinance prepare a local assessment roll in book form, showing in suitable columns each piece of real estate assessed, the amount of the assessment, the amounts of each installment of principal and interests if, in pursuance of this Ordinance, the same is payable in installments and the date when such installments will become due, with suitable columns for use in case of payment of the whole amount, or of any installment or penalty, and deliver the same duly certified, under the corporate seal, to the City Treasurer for collection. (276)

9-7-14:  LIEN AGAINST PROPERTY:  From the date of the final publication of the assessing ordinance all assessments made pursuant thereto shall be a lien in the several amounts assessed against each lot or tract of land, and such assessments shall have priority over all other liens except general taxes.  As to any subdivisions of any real estate assessed pursuant thereto, the assessments in each case shall be a lien upon all the subdivisions in proportion to their respective areas.  No delays, mistakes, errors, defects or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment, but the same shall be remedied by subsequent or amended acts or proceedings as the case may require, and when so remedied the same shall take effect as of the date of the original act or proceeding.  (276)

If in any court of competent jurisdiction any final assessment is set aside for irregularity in the proceedings or for any other reason, then the Council, upon notice as required in the making of an original assessment, may make a new assessment in accordance with the provisions herein. (276)

9-7-15:  ASSESSMENTS; DUE AND PAYABLE:    Without demand, all assessments shall be due and payable within thirty (30) days after the publication of the assessing ordinance after its passage; provided, that the City Council may provide that the owners of the property to be assessed may elect to pay such assessments in annual installments, not exceeding twenty (20), which installments shall include interest on the unpaid assessment annually at such rate as may be set forth in the assessing ordinance.  The number of installments, periods of payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance.  Payments may be made to the City Treasurer at any time within thirty (30) days after the publication of the assessing ordinance after its passage, and an allowance of the per centum added for costs of collection shall be made on all payments during said period of thirty (30) days.  ((276 1633)

Failure to pay the whole assessment within said period of thirty (30) days shall be conclusively considered and held as an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments.  All persons so electing to pay in installments, shall be conclusively considered to have consented to said improvements.  Such election shall be conclusively considered and held a waiver of any and all right to question the power or jurisdiction of the City to construct or acquire the improvements, the quality of the work, the regularity or sufficiency of the proceedings, the validity or correctness of the assessment, or the validity of the lien thereof.   (276 1667)

The owner of any piece of real estate not in default as to any installment or payment may at any time pay the whole unpaid principal of his assessment with the interest to the time the next installment of interest or principal becomes due and payable. (276)

The owner of any divided or undivided interest may pay his share of any assessment (276)

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9-7-16:  DEFAULT OF PAYMENT:  At the expiration of said thirty (30) day period, provided in the preceeding Section, the City Treasurer shall return the local assessment roll to the Clerk, thereon showing all payments made thereon with the date of each payment.  Said roll shall be certified by the City Clerk under the corporate seal of the City, and by him delivered to the County Treasurer of Adams County or Jefferson County, as the case may be, with his warrant for collection of the same, and the City Clerk shall obtain a receipt from the County Treasurer for the same.  The County Treasurer shall receive payment of all assessments appearing upon the assessment roll, with interest.  In case of default in the payment of any installment of principal or interest when due, the County Treasurer shall advertise and sell any and all property, concerning which such default is suffered, for the payment of the whole of the unpaid assessments, with interest and penalties thereon.  Said advertisements and sales shall be made at the same time and in the same manner, under all the same conditions and penalties and with the same effect, as are provided by general law for sales of real estate in default of payment of general taxes.  (276 1633)

9-7-17: FAILURE TO PAY:  Failure to pay any installment, whether of principal or interest, when due or a determination by the Council that a pending tax sale affecting any property subject to an assessment threatens to extinguish or materially impair the lien of such aa assessment, shall cause the whole of the unpaid principal and accrued interest to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw penalty interest at a rate per month equal to the monthly rate applicable to installments plus an additional one and one-quarter per centum (1.25%) per month or fraction of a month until the day of sale; but at any time prior to the date of sale the owner may pay the amount of all delinquent installments, with all penalty interest accrued, and thereupon shall be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. No statute of limitations shall apply until the last installment of assessments becomes due and payable.  (276 1633 1681)

9-7-18: SALE OF UNPAID ASSESSMENTS:  At any sale by the County Treasurer of any real estate in the City for the purpose of paying any special assessments for local improvements, the City Treasurer, having the written authority from the City Council, may purchase such real estate without paying for the same in cash, and receive a certificate of purchase from the County Treasurer in the name of the City.  Such certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made.  The certificates may thereafter be sold by the City Treasurer for the best price obtainable at public sale, at auction or by sealed bids, in the same manner and under the same conditions as is hereinafter provided in respect to the sale of property owned by the City, and the proceeds, in the event that all bonded indebtedness incurred in payment for said local improvements has not been discharged in full, credited to the fund created by the ordinance for the payment of such assessments; or, in the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, the proceeds shall be credited to the special surplus and deficiency fund provided for by Section 21 of this Chapter.  (276)

Such assignments shall be without recourse, and the sale and assignment shall operate as a lien in favor of the purchaser and assignee as provided by law in the case of sale of real estate in default of payment of the general taxes.  (276)

Cumulatively, with all other remedies, the City, being the owner of the property by virtue of a tax deed or being the owner of property otherwise acquired in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids.  Such sale shall be after public notice by the City Treasurer to all persons having or claiming any interest in the property to be sold or the proceeds of such sale, such public notice to be by publication, once a week for three (3) consecutive weeks by three (3) insertions in a newspaper of general circulation within the City.  Such notice shall describe the property, state the time, place and manner of receiving bids and the time fixed for sale, which shall be not less than twenty (20) days after the first publication.  The City may reject any and all bids. Any interested party at any time within ten (10) days after receipt of bids for the sale of property may file with the City Manager a written protest as to the sufficiency or the amount of any bid made, or the validity of the proceedings for the sale.  If such protest shall be denies, such person, within ten (10) days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the

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City from completing the sale.  If no such action shall be commences, all protests or objections to the sale shall be deemed to have been waived, and the City shall then convey the property to the successful bidder by quitclaim deed.  (276)

In addition to all other remedies, the City, when it is the holder of a certificate of purchase, may bring a civil action for the foreclosure thereof joining as defendants all persons having or claiming any interest in the property or the proceeds of foreclosure sale, and all governmental units having taxes or other claims against said property, and all unknown persons having or claiming interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceedings, the City, as plaintiff, shall be entitled to all relief provided by law in actions for adjudication of rights with respect to real property.  (276)

The proceeds of any such sale of property shall be credited to the appropriate special assessment fund or the surplus and deficiency fund, as herein-above provided.  The City shall deduct therefrom the necessary expenses in securing deeds and taking procedures for the sale or foreclosure.  (276)

9-7-19:  BONDS:  For the purpose of paying all or such portion of the cost of any improvement constructed under the provisions of this Chapter, special assessment bonds of the City may be issued of such date, and in such denominations as may be prescribed by the City Council, in fully registered form (i.e., registered as to payment of both principal and interest), bearing the name of the district improved and payable in a sufficient period of years after date to cover the period of payment provided, but subject to call as provided in Section 20 of this Chapter.  All such bonds shall be issued on estimates approved by the City Council or sold as hereinafter provided, and the City Treasurer shall preserve a record of the same in a suitable book kept for that purpose.  All such bonds shall be subscribed by the Mayor, countersigned by the City Treasurer, with the corporate seal of the City thereto affixed, attested by the City Clerk.  (276 1667)

Such bonds shall be payable out of the monies collected on account of the assessments made for such improvements, out of the surplus and deficiency fund referred to in Section 21 of this Chapter or out of any monies provided by credit enhancements obtained for the bonds.  All monies collected from such assessments for any improvement shall be applied for the payment of the bonds issued until payment in full is made of all the bonds, both principal and interest.  (276 1633)

The bonds may be used in payment of the cost of the improvement as specified or the City Council may sell sufficient of said bonds to pay the cost in cash.  Said bonds may be sold by public sale or private sale, to the best advantage of the City.  All bids may be rejected at the discretion of the City Council.  All such bonds shall be negotiable in form, shall bear interest as may be fixed by the City Council, payable either semiannually or annually as may be provided by the City Council in the ordinance authorizing the issuance of such bonds.  (276 948 1633 1667)

9-7-20:  PAYMENT OF BONDS:  Whenever the City Treasurer has funds derived from assessment payment in the Treasury to the credit of the improvement district exceeding the interest on the unpaid principal of the bonds issued therefor and outstanding for such period as may be specified in the ordinance authorizing the Bonds, the City Treasurer shall call in or direct the Bond Registrar to call in a suitable number  of such  bonds for payment.  Notice of redemption of bonds shall be given in the manner provided in the ordinance authorizing the issuance thereof.  On the redemption date specified in such notice, interest on the bonds so called shall cease.  The notice shall specify by number the bonds so called, and all such bonds shall be paid in their regular numerical order.  (276 1667)

9-7-21:  SURPLUS AND DEFICIENCY:  Where all outstanding bonds have been paid in a public improvement district, and any money remains to the credit of said district, it shall be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any improvement district to meet payment of outstanding bonds, it shall be paid out of said fund.  Whenever a public improvement district has paid and cancelled three-fourths (3/4) of its bonds outstanding, and for any reason the remaining assessments are not paid in time  to pay the remaining bonds of the district and there is not sufficient money in said special surplus and deficiency fund; then the City shall pay said bonds when due and reimburse itself by collecting the unpaid assessments due said district.  (276 1667)


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In consideration of general benefits conferred on the City at large from the construction or installation of improvements in special or local improvement districts, the City Council may levy annual taxes on all taxable property within the City at a rate not exceeding two (2) mills in any one year, to be disbursed as determined by the City Council for the purpose of advancing money to maintain current payments of interest and equal annual payments of the principal amount of bonds issued for any special or local improvement district thereinafter created.  (276 1667)

The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes specified herein, provided, however, that in lieu of such tax levies, the City Council may annually transfer to such special fund any available money of the City, but in no event shall the amount transferred in any one year exceed the amount which would result from a tax levied in such year as herein limited. (276)

In addition to the above, the City Council may finance the City's share of the cost of any Special Improvement project, whether or not such  cost is assessed against City owned property, by the issuance of Special Improvement District Bonds, and shall appropriate annually an amount sufficient for the payment of that portion of the share of the costs then due.  The City's share of the cost of any Special Improvement project shall be determined by the City Council.  Such bonds shall not be subject to any election requirements or debt limitation which might otherwise exist pursuant to the City Charter or other applicable law.  (276 1667)

9-7-22:  DEFINITIONS:  In all proceedings authorized or required by this Chapter figures may be used instead of words, and it shall not be necessary in improvement districts to designate each piece of real estate in the district separately, but general description and quantities may be used except in the assessment rolls, and the cost may be stated as being a probable amount per front foot, or per square foot, or per lot of a given size, and proportionate amounts for other lots or, when a different rule of assessment is provided, then as being subject to such rule.  (276 1667)

The term "construct", "constructed", "construction", or words of similar import shall be deemed to include "acquire", "acquired", "acquisition", or similar import in districts created to acquire improvements already constructed.  (276 1667)

The term "street" as used in this Chapter, shall include avenues, boulevards other highways and bridges.  (276 1633)

The term "real estate" shall be held to mean all lands, whether platted or unplatted, regardless of lot or land lines.  (276)

The term "street improvements" shall include any one or more of the following:

(A)  Surfacing extending, widening, lengthening, altering, reconstruction or other improving roadways.  (276 1633 1667)

(B)  Construction of curbs, gutters and sidewalks.  (276)

(C)  Construction of bridges, overpasses and underpasses.  (276 1633)

(D)  The necessary grading therefor.  (276 1633)

(E)  Landscaping of adjoining parkways by the planting of trees and shrubs.  (276 1633)

(F)  Storm drainage incidental thereto.  (276 1633)

The term "alley improvements" shall include surfacing and necessary improvements incidental thereto. (276)

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Lots, plots, block and other subdivisions may be designated in accordance with any recorded plat thereof, and unplatted lands by any definite description.  (276)

All references to the "City Manager" in this Chapter shall include his authorized representative, when such authority has been given by a written order of the City Manager; or in the absence of a City Manager, the City Work Supervisor.  (276)

All references to the "City Treasurer" in this Chapter shall include the City Finance Director.  (276 1667)

All references to the City Engineer in this Chapter shall include any engineer, or firm of engineers, or corporation engaged in the practice of engineering, which may be under contract with the City with respect to local public improvements contracted for or installed pursuant to this Chapter. (276)

9-7-23:  IMPROVEMENTS:  The improvements authorized by this Chapter may consist of street improvements such as grading, paving, curbing, guttering, providing parking for, widening, lengthening, altering or otherwise improving the whole or any part of any street or alley, or streets or alleys including bridges, overpasses and underpasses, in the City, or any one or more of said improvements, including the reconstruction, replacement, renewal, or extension of the same.  In case of grading only, or grading and curbing only, the improvements may include the necessary cross walks. (276 1633)

Such improvement may also consist of the construction of district sewers, or storm sewers in districts to be known as storm sewer districts, the same to be provided by ordinance in accordance with the provisions herein contained. Said sewers may consist of the necessary manholes, inlets and appurtenances, and shall be so constructed as to connect with some existing public sewer or natural drainage.  Said districts may be divided into subdistricts to be specially named or numbered in said ordinance.  Such storm drains may be made, contracted for, or constructed larger than required by a local public improvement district, and the City may pay from any lawful fund that portion of the cost that may be in excess of the cost required by the district, and upon the extension at a later time of the mains or submains to an area not included within the district for which mains or submains were made and contracted for, the City may assess the amount paid by the City as a lien upon real property benefited by the oversized construction and extension of the mains and submains.  (276 1633 1667)

9-7-24:  LEGAL PROCEEDINGS:  No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act, or the issuance or collection of any bonds, or the levy or collection of any assessments, authorized herein, or for any other relief against any acts or proceedings done or had pursuant hereto or under the provisions of the Charter of the City of Westminster, with reference hereto, whether based upon illegalities, irregularities or jurisdictional defects, shall be maintained, unless commenced within thirty (30) days after the performance of the act or the passage of the resolution or ordinance complained of, or else be thereafter perpetually barred.  (276 1633)

Local public improvement districts created but not completed and assessed on the effective date of this Chapter shall not be affected hereby but shall be governed by the laws relating to such improvement districts on the date of their creation.  (276)

9-7-25:  WAIVER OF PROCEDURES:  Any of the provisions of this Chapter may be waived in writing by the owner of all property in the District which is to be assessed, and by the Mayor if the City is to bear any of the costs of the improvements.  Such a waiver must state the requirements of this Chapter which are being waived.  No person shall be permitted to withdraw a written waiver once it has been submitted to the City Council for consideration.  The authorization for such a waiver shall be contained within the ordinance establishing the District.  (276 1633 1667)

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9-7-26: ACQUISITION OF IMPROVEMENTS:  Notwithstanding anything in this Chapter to the contrary, a local improvement district may be created for the acquisition of improvements already constructed, or for both acquisition and construction of improvements.  With respect to improvements to be acquired, the provisions of this Chapter concerning public bidding of construction contracts shall not apply.  (276 1667)

 

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