VII-7 All real property liable for special assessments

ARTICLE VII
LOCAL PUBLIC IMPROVEMENTS

Section

VII-1 City may make public improvements—how cost may be paid

VII-2 Local improvement procedure

VII-3 Special assessment to be in proportion to benefit—apportioning

VII-4 Protests

VII-5 Limitations on suits and actions

VII-6 Lien for special assessments

VII-7 All real property liable for special assessments

VII-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 benefitted property, or wholly by benefitted property as the council may determine. Said cost or part thereof to be borne by benefitted property may be assessed by special assessment upon the benefitted property.

VII-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 public improvements and the extension thereof in lieu of assessment.

VII-3 Special assessment to be in proportion to benefit—apportioning

Any special assessment for local improvements against property benefitted 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 benefitted property.

VII-4 Protests

If protests as to the necessity for any local improvement are made by the owners of benefitted property which will bear fifty (50) 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 (50) percent of the said estimated cost of the improvement except upon approval of the council by a vote of at least five members.

VII-5 Limitations on suits and actions

No special assessment procedure shall be contested by any action at law or in equity unless commenced within sixty days after the confirmation of the special assessment roll therefor. If no such action be so commenced, the procedure for such local improvement shall be conclusively presumed to have been regular and complete.

VII-6 Lien for special assessment

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.