ARTICLE VII.
LOCAL PUBLIC IMPROVEMENTS

Section 7-1 City May Make Public Improvements – How Cost May be Paid

The city shall have the power to make public improvements, including local improvements, within the city and to the extent authorized by law, ordinance or this charter, outside the city.

The cost of a public improvement may be paid wholly by the city, or partly by the city and partly by benefited property, or wholly by benefited property, as the council may determine. Said cost or part thereof to be borne by benefited property may be assessed by special assessment upon the benefited property.

Section 7-2 Local-Improvement Procedure

The council may begin procedure for local improvements either on its own initiative or upon receipt of a petition. The council shall prescribe by ordinance complete special-assessment procedure, including re-assessment procedure, for local improvements and for agreements for furnishing capital improvements and the extension thereof in lieu of assessment.

Section 7-3 Special Assessment to Be in Proportion to Benefit-Apportioning

Any special assessment for local improvements against property benefited thereby shall be in proportion to, and shall not exceed, the value of the benefit from the local improvement. The council shall establish the method of apportioning and assessing the cost of such improvements upon benefited property.

Section 7-4 Protests

If protests as to the necessity for any local improvement are made by the owners of benefited property which will bear fifty percent or more of the estimated cost of the improvement, the improvement shall not proceed until the protests have been reduced so that the property of those still protesting shall not bear fifty percent of the said estimated cost of the improvement, except upon approval of the council by a vote of at least six members.

Section 7-5 Limitations on Suits and Actions

No special-assessment procedure shall be contested by any action at law or in equity unless commenced within the period prescribed by law after the confirmation of the special assessment roll therefore. If no such action be so commenced, the procedure for such local improvement shall be conclusively presumed to have been regular and complete. (Amended by Resolution 1591, §2, approved by voters October 3, 1989)

Section 7-6 Lien for Special Assessments

The city shall have a first lien upon all real property against which special assessments are assessed, for the special assessments and any collection charges, penalties and interest which may accumulate thereto; and the lien shall be of the same character, effect and duration, and shall be enforceable in the same manner, as the lien for city taxes.

Section 7-7 All Real Property Liable for Special Assessments

All real property, including such as is exempt from taxation in accordance with law, shall be liable for the cost of local improvements assessed in accordance with this article unless specifically exempted from special assessments by law.

Section 7-8 All Real Property Liable for Special Assessments

If the City constructs a new public library after the effective date hereof, the library shall be located on property anywhere within the city limits of the City of Ketchikan, and the location of the library is not restricted to city-owned property or to any specific area bordered by certain streets. (Amended by Resolution No. 10-2336, §2, approved by voters on August 24, 2010)