Section
10.1. Power to make public improvements
The city may establish and
improve public highways of every character and part thereof by doing any of the
following:
(1) Grading, regrading, paving, repaving, macadamizing, surfacing,
resurfacing, constructing, reconstructing, oiling, sprinkling, curbing, guttering,
or repairing the same.
(2) Construction or repairing sidewalks thereon.
(3) Planting, removing, and caring for trees, grass and shrubbery on
or along the same, or by sodding the same.
(4) Constructing and maintaining
bridges, viaducts, subways, culverts, drains, and sewers on or along any highway
or right of way therefor.
The city may do the following:
(1)
Acquire, construct, repair, and maintain sanitary or storm sewers, drains and
all appurtenances thereto.
(2) Improve watercourses and the banks thereof
and divert and change the channels of the same.
(3) Acquire, construct,
repair, and maintain all other public improvements, which said public improvements
may be paid for in whole or in part out of the general funds, or out of the public
improvement fund herein authorized, or out of the proceeds of bonds, or in whole
or in part out of special assessments on benefit property, or by special tax bills
evidencing such assessments. The council shall have the power to establish special
benefit districts for the purpose of making such improvements. When not otherwise
limited by law, the powers enumerated herein may be exercised by the city, within
or outside of the city limits, for the benefit of the city and its inhabitants.
Approved by vote of the people November 8, 1955.
Section
10.2. Property subject to special assessment
All property located
within any benefit district established by the council, whether publicly or privately
owned, shall be liable for special assessment made or special tax bill issued
against such property, which said special assessment or special tax bill constitutes
a lien against said property.
Approved by vote of the people November
8, 1955.
Section 10.3. Method of payment
Ordinances and contracts for public improvements shall specify the manner in which
payment is to be made. Payment may be in whole or in part in cash from the general
funds of the city; in cash from the public improvement fund as hereinafter provided;
in cash from the proceeds of general obligation bonds, public improvement bonds,
special assessment bonds, or temporary improvement notes; in special tax bills
to be delivered to the contractor performing the work; or in whole or in part
from any other source. In case payment is to be made to the contractor in whole
or in part in special tax bills or other evidence of special assessments, the
city in no event shall be liable for payment of that portion in cash. The city
shall have the right to purchase or sell any special tax bills issued by it.
Approved by vote of the people November 8, 1955.
Section
10.4. Letting of contracts
All public improvements constructed or
made at the expense of the city costing more than five hundred dollars, and all
work to be done for which payment is to be obtained by special tax bills or special
assessments, shall be let by contract to the lowest responsible bidder in conformity
with Section 5.4 of this Charter; but the council may provide that any work may
be done by the city's own departments and employees when no satisfactory bid is
received or when it is deemed advisable by the city manager. Provided, however,
nothing herein or otherwise in this Charter shall prohibit the city from directly
contributing to or reimbursing a part of the cost of public improvements constructed
under subdivision regulations of the city provided that reimbursement or contribution
is made in accordance with a schedule expressly providing therefor previously
adopted by general law of the city for all cases.
Section
10.5. Proceedings relative to improvements
The council shall by
general ordinance provide the procedure for initiating improvements, letting of
contracts therefor, the method of levying assessments to pay for the same and
the issuance and enforcement of special tax bills to pay for the same for any
public improvements which are to be paid for in whole or in part by special tax
bills upon real property, or by use of the public improvement fund, as in this
Charter provided, reimbursed by the collection of said tax bills, which said tax
bills shall be a lien against the property subject to such special assessment.
Approved by vote of the people November 8, 1955.
Section
10.6. Notice of public improvement and remonstrances
Such general
ordinance shall provide that notice of the necessity of any such improvement as
determined by the council and of the proposed method of payment and reference
to any plans and specifications and an estimate of cost thereof shall be published
in some daily newspaper printed in the city for five consecutive issues, and at
the same time the city shall cause not less than three copies of the issue to
be posted in conspicuous places within the limits of the proposed improvements.
If a majority of the resident owners of the property liable to taxation
therefor, at the date of the initiation of such improvement, who shall also own
a majority of the front feet owned by the residents of the city abutting on the
highway or sidewalk or parts thereof proposed to be improved, do not within ten
(10) days after the completion of said publication, file with the City Clerk their
protest against such improvements, the Council may proceed in accordance with
the terms of the ordinances herein provided with such improvements; provided,
however, if the Director of the Department of Public Health and Welfare files
with the City Clerk a written recommendation that sanitary sewers are necessary
for sanitary, health or environmental reasons, there shall be no legally recognizable
right to protest the sewers and the city shall have the right to proceed as if
no protest was filed.
Approved by vote of the people April 3, 2001.
Section 10.7. Finding of council to be conclusive
When the Council shall by ordinance find and declare that a majority of the
resident owners of the property liable to taxation therefor, who shall also own
a majority of the front feet owned by residents of the City abutting on the improvements
or part thereof proposed to be made, have not filed with the city clerk a valid
protest against such improvement, such finding and declaration shall be conclusive,
after the execution of the contract for said improvement, and thereafter no special
tax bill or special assessment shall be held invalid for the reason that a protest
sufficiently signed was filed with the city clerk. All county or other public
property and all cemeteries and tax exempt properties and railroad rights of way
shall, for the proportionate frontage, be subject to the liens of the special
tax bills authorized by this Charter.
Approved by vote of the people
November 8, 1955.
Section 10.8. Intervening street
connections
Whenever the council determines it to be necessary and
proposes to pave, macadamize, curb, gutter, grade, or construct sidewalks thereon
or otherwise improve the roadway or street or avenue for a distance of not more
than twelve hundred feet in length, so as to connect at both ends with paving,
macadamizing, guttering, curbing, grading, or other improvements, either on the
same street or avenue or on other streets or avenues or on the same street or
avenue and another street or avenue, the council shall cause the same proceedings
to be followed as in other improvements.
In the event a remonstrance
is filed against such proposed improvement which would be valid and a good and
sufficient remonstrance in the case of all other improvements, the council may
set the matter down for public hearing and hold such hearing and at the conclusion
thereof the council may, by a vote of two-thirds of its total membership or by
the unanimous vote of all the members present, whichever is the least, overrule
such remonstrance. Thereafter, the like proceedings shall be followed as if no
remonstrance had been filed.
Approved by vote of the people November
8, 1955.
Section 10.9. Sidewalk repair
Whenever it shall become necessary to reconstruct or repair any sidewalk which
has been theretofore constructed and which is not a part of a street paving project,
the council may by general ordinance provide for the repair or reconstruction
of said sidewalk and the cost thereof shall be paid by the owner of the abutting
property in the same manner and the cost of said repair or reconstruction shall
be a lien upon the land abutting upon said sidewalk and the council shall by general
ordinance provide for the method of payment therefor and the release of such lien.
Approved by vote of the people November 8, 1955.
Section
10.9.5. Assessment of water main extensions
The city shall have the
power to extend water mains for the purpose of providing water service to properties
and to pay all or part of the cost of the extension thereof by special assessments
issued against benefited properties. The city shall by the enactment of a general
ordinance establish such procedures as it deems necessary to provide for extensions
of water mains by special assessment, which procedures shall include the following:
(1) Any such extension to be paid for in whole or in part by special assessment
shall be initiated by a petition signed by at least one owner of property benefited
by the proposed extension, which petition shall be filed with the city clerk and
a copy thereof shall be filed with the Board of Public Utilities.
(2)
The petition, together with a report to the Board of Public Utilities, or such
officer or officers of the public utilities as the board shall designate, on the
feasibility of the proposed extension and payment of all or part of the cost of
the extension thereof by special assessment shall be submitted to the city council.
(3) Provisions establishing the method of levying assessments to pay
for the water mains may provide that assessments may be on the basis of the extent
benefited properties abut upon the water main; upon the square footage of properties
served by said mains; or upon any other method of benefit assessment determined
by the city council to fairly reflect benefits received. Such provisions may establish
a uniform method of assessment for benefits or may provide for the determination
of assessment methods upon a project by project basis.
Approved by vote of
the people April 4, 1978.
Section 10.10. Sewers
There shall be four classes of sewers, either sanitary or storm: public,
district, joint district, and private, as hereinafter defined, without regard
to the area drained, the size, character, or purpose thereof.
Public
sewers are those which have been or may be constructed or acquired and paid for
wholly out of any public funds available for that purpose.
District
sewers are those which have been or may be constructed or acquired, under authority
of ordinance, within the limits of an established sewer district, and paid for
in whole or in part by special tax bills or special assessments upon the property
in the district.
Joint district sewers are those which have been or may
be constructed or acquired under the authority of ordinances uniting one or more
districts and unorganized territory, or uniting districts or unorganized territory,
into a joint sewer district, for the purpose of providing mains, outlets, or intercepting
sewers, for the benefit of such joint sewer district, and paid for in whole or
in part by special tax bills or special assessments upon the property in such
joint sewer district.
Private sewers are those paid for by private parties
concerning the same.
All public, district, and joint district sewers
shall be constructed along streets, alleys, and other public ways wherever practicable;
and no such sewer shall be built or acquired by the city except it be on a public
way or right of way owned by the city. Such sewers may be connected with any other
sewer of any class or with a natural course of drainage
Approved by vote
of the people November 8, 1955.
Section 10.11. Acquiring
private sewers
The city may by ordinance recommended by the city
manager acquire any private sewer by gift, condemnation, or purchase and provide
for reimbursement thereof in cash or by special tax bills or special assessment,
in the manner hereinbefore provided, to be levied against the property in the
district or joint district for which such private sewer is acquired. Approved
by vote by the people on November 8, 1955.
Section
10.12. Method of levying assessments
Whenever all or any part of
the cost of establishing or improving public highways, except curbings, guttering
and sidewalks, is to be paid for by special assessments or special tax bills,
the entire amount of such assessment shall be levied ratably on all lots and tracts
of land fronting, or abutting on, the improvement along the distance improved
in proportion to the front feet thereof, and the cost of so improving the areas
formed by intersecting streets and highways, or other spaces fronting on other
streets and highways shall be included as a part of the cost of the work done
on the street or part thereof the improvement of which is provided for.
Whenever all or any part of the cost of curbing, guttering, and sidewalks is to
be paid for by special assessments or special tax bills, the entire amount of
such assessment shall be levied ratably on all lots or tracts of land fronting,
or abutting on, the improvement, in proportion to the front feet thereof, but
the corner lots shall be liable for the cost of the extension of curbs, gutters,
and sidewalks and the grading of the sidewalk portion of the street, to the curb
line each way.
Whenever all or any part of the cost of construction,
reconstruction, or acquiring district or joint districts sewers is to be paid
for by special assessments or special tax bills, the entire amount of such assessment
shall be levied ratably against the lots and pieces of ground exclusive of streets
and alleys in the district in proportion to the square feet of area therein.
Ordinances creating joint sewer districts may provide for the construction
of the sewer or sewers therein in one or more sections and for the levy and assessment
of the cost of any section upon the completion thereof, as a special tax in the
manner provided by ordinance. If any district or joint district sewer shall drain
territory lying outside the city and not included in the district or joint district,
the council shall determine and the city shall pay that part of the cost of the
sewer as would have been assessed ratably against such territory if it were included
in the district or joint district, and the council's determination of the amount
of costs and the area affected thereby shall be conclusive.
Approved
by vote of the people November 8, 1955.
Section
10.13. Levy of assessment
When any public work or improvement to
be paid for in whole or in part by special tax bills or special assessment is
completed, the city manager shall cause to be computed the entire cost and expense
thereof, including any cost or expense incurred by the City, and the council shall
levy and assess such cost and expense or the part to be paid by special tax bills
or special assessments in accordance with the requirements of this Article.
Section 10.14. Erroneous or invalid assessments
The Council shall have power to cause to be issued new special tax bills
in lieu of others erroneously issued, to be delivered upon surrender and cancellation
of the old tax bills. New tax bills issued in lieu of others erroneously issued
shall be only for the principal sum for which the old tax bills should have been
issued, and such new tax bills shall bear interest as of their own date, and the
lien of such new tax bills shall expire at the time when the lien of the old tax
bill would have expired. The council shall have power to issue new special tax
bills in lieu of others that have been lost or destroyed, when satisfied as to
the fact of the loss or destruction of same. Such new tax bills shall be, as far
as practicable, duplicates of those lost or destroyed.
If any such special
tax bill or special assessment shall fail to be valid in whole or in part, or
for any cause, mistake, or inadvertence the amount assessed shall not be sufficient
to pay the cost of such improvements, the council shall be and is hereby authorized
to cause such assessment to be reassessed and to enforce or authorize the enforcement
of its collection.
Approved by vote of the people November 8, 1955.
Section 10.15. Passage of ordinances
Every
ordinance introduced in connection with improvement projects for which special
tax bills are to be issued, including amendatory or corrective ordinances, may
be passed at the meeting of the council at which introduced or later, at the pleasure
of the council. The ordinance shall not be subject to the referendum and, unless
otherwise provided therein, shall go into force and effect from and after passage.
All special tax bills issued in connection with such improvements shall be dated
with the date of passage of the ordinance authorizing the same, and shall draw
interest from such date.
Approved by vote of the people November 8,
1955.
Section 10.16. Additional provisions
Upon recommendation of the city manager, the council may, from time to time,
by general ordinance, make further provisions, not inconsistent herewith, for
special assessments, the issuance of special tax bills, the collection thereof,
and all matters incidental thereto.
Approved by vote of the people November
8, 1955.
Section 10.17. Public improvement fund
There is hereby created a fund to be known as the "Public Improvement Fund."
Said fund may be established and maintained from any or all of the following sources:
(1) Appropriations from the general funds.
(2) The proceeds from bond
issues as provided in this Charter.
(3) Collections of special assessments
or special tax bills, and interest thereon, levied or issued for public work or
condemnation of land theretofore paid for out of said public improvement fund.
(4) The proceeds from the sale of special tax bills.
(5) Any
other source permitted by law or provided by ordinance.
Whenever the
council shall authorize the cost of any public improvement or the purchase of
any tax bills issued for any public improvement to be paid out of the public improvement
fund, any special assessment, and interest thereon, that may be levied and collected
on account of such improvements, or the proceeds from the collection of any such
tax bills and interest thereon shall be credited to and paid into said funds.
Approved by vote of the people November 8, 1955.
Section
10.18. Special assessment bonds and temporary notes
The council may
pay for any public improvement, or any part thereof, in cash from the public improvement
fund; and when it deems it necessary or desirable, it may provide for the levy
of assessments and the issuance of special tax bills against specific property
chargeable therefor, the tax bills and the proceeds thereof to be held by and
for the benefit of said fund, and for the issuance of temporary improvement notes
and special assessment bonds against the sole security of said special tax bills,
without in any manner imposing liability on the general funds of the city, in
the following manner:
(1) Whenever the council shall deem it necessary
or desirable to issue special assessment bonds to obtain revenue for the payment
of the cost of any improvement or series of improvements, the cost of which is
chargeable against specific property, provision shall be made for payment of special
tax bills to be issued therefor in installments, which may, at the council's discretion,
be payable at the same time, and in the same manner, as general city taxes are
payable on said property. Thereupon, the director of finance shall certify annually
a full list of the properties liable for the cost of such improvements, except
such property upon which the special tax bills or assessments have been paid in
full, together with the respective amounts due on each of said lots or pieces
of ground, including the annual installments and interest on all unpaid balances
for one year at the rate at which the special tax bills were issued, and such
amount is certified shall be collected as other taxes are collected. The ordinance
levying the special tax for the improvement may provide for the collection of
two installments with interest not to exceed two years, or one installment and
interest for one year, or more, in the first year in which assessment is to be
collected, if the bond for such improvement or improvements and interest on the
same mature in such manner as to require such levy.
(2) Where special
assessment bonds are to be issued by the city, payable from special assessments
against specific property, the owner of any lot or piece of land liable to any
special assessment may redeem his property from such liability by paying the entire
amount chargeable against his property at any time before the issuance of the
bonds, or after the issuance of the bonds, by paying all of the installments and
interest of the assessments which have been levied, and also the amount of the
unlevied installments with interest on the latter at the rate of interest provided
in said bonds from the date of the bonds to the time of maturity of the last installment.
In all cases where installments of special assessments not yet levied are paid,
as above provided, whether before or after the issuance of the bonds, the director
of finance shall receipt therefor, and all sums so paid shall be applied solely
to the payment of such improvements or the redemption of the bonds or notes issued
therefor. Where any piece of property has been redeemed from liability for the
cost of any improvement as herein provided, such property shall not thereafter
be liable to further special assessment for the cost of such improvement.
(3) Where special assessment bonds are to be issued by the city as above
provided, the council may issue temporary notes, bearing interest at a rate not
exceeding six per cent per annum, maturing not later than the due date of the
first installment of such bonds, and in no event not later than two years from
the date of said notes, not exceeding in the aggregate the amount of bonds which
are to be issued and are then unissued, as shown by estimates on file in the office
of the director of public works. Temporary notes may be issued for any or all
of the improvements to be covered by such bonds, and may be issued from time to
time, as required during the progress of work on the improvement or improvements
to be included under such bonds. They shall be negotiable, but shall be issued
against the sole security of the special tax bills or special assessment issued
or to be issued in connection with the improvements, or any other special tax
bills owned by the city which the council may desire to subject to the security
thereof, and shall not constitute general obligations of the city. The temporary
notes may be sold in the manner provided for the sale of bonds, or may be sold
at private sale at not less than par and accrued interest. The notes shall be
in the form usual for such bonds, except that coupons evidencing the interest
need not be attached, shall be executed as are such bonds, and shall be redeemed
and canceled before or at the time permanent bonds are issued in lieu thereof,
so that the amount of temporary notes and bonds issued and outstanding shall not
at any time exceed the estimated cost and expense of the improvement or improvements
covered thereby.
(4) Where special assessment bonds are to be issued
by the city as above provided, proceedings for construction of the work and issuance
of special tax bills or special assessments shall be as required generally by
this Charter, except that the resolutions declaring necessary the various improvements
to be included therein shall recite the fact that payment from the public improvement
fund shall be made in cash, to be obtained in whole or in part from the proceeds
of sale of temporary notes or special assessment bonds; the estimate of cost of
each improvement shall be made under oath by the director of public works or some
other competent person designated by the city manager, and the estimate shall
be submitted to the council for its approval. Performance of the work called for
by the various improvement projects may be done only by contract, and before any
work or improvements shall be commenced the money to pay for the same must be
set aside in the public improvement fund or provision shall be made for the issuance
of temporary improvement notes preliminary to issuance special assessment bonds
to pay for such improvement. The bonds shall be issued to mature in not more than
ten installments of approximately equal amounts each year, the first installment
to mature in not more than two years after the date of issuance and the last installment
to mature in not more than eleven years after date of issuance. In lieu of issuance
of single installment bonds, the series issued may be divided into ten substantially
equal groups, each group maturing each year on substantially the same schedule
as though an individual bond was payable in installments. No series of bonds shall
be issued in payment for any public improvement or improvements in excess of the
actual cost and expense of all the improvements included therein, but the installment
coupons shall include the interest on such installment to the maturity thereof.
Bonds issued by the city shall be signed by the mayor and attested by the city
clerk under the seal of the city. Interest or installment coupons shall be so
signed, but may be signed with a facsimile of the signature of any such officer.
The bonds shall be validated by the proper court as authorized by law and shall
be sold or offered for sale in the same manner as other bonds of the city are
sold. None of the said bonds shall constitute general obligations of the city,
but shall be issued against the sole security of the special tax bills or special
assessments issued or to be issued in connection with the various improvements
covered thereby, or of any other special tax bills owned by the city which the
council may desire to subject to the security thereof. Provision may be made by
the council for calling or retiring any bond on installment thereof prior to maturity.
The bonds shall recite the authority under which they are issued, and that they
are issued in conformity with the provisions, restrictions and limitations thereof,
and they, with the interest thereon, are to be paid by the city in accordance
with this Charter. Such recitals, when the bonds have been duly validated as herein
provided, shall impart absolute verity and shall be conclusive in favor of all
persons purchasing said bonds, that all proceedings and conditions precedent have
been had and performed to authorize the issuance of such bonds.
(5) The
provisions of Section 5.21 of this Charter shall not be applicable to temporary
improvement notes or special assessment bonds issued under this Article.
Approved by vote of the people November 8, 1955.
Section
10.19. Completion of existing public improvements
Public improvements
for which proceedings have been initiated under prior Charter provisions may be
carried to completion as nearly as practicable in accordance with the provisions
existing at the time of commencement of the proceedings.
Approved by
vote of the people November 8, 1955.