General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES ARTICLE III. IMPROVEMENT PROCEDURE GENERALLY. Section 17-5. Initiatory resolution. When, by both the provisions of the City Charter and the laws of the state, the City Council shall have power to make a public improvement by special assessment, it shall, by resolution, set forth the improvement intended to be made and direct the City Manager to prepare a report, with the assistance of the engineer, containing any information it may request concerning such improvement. Section 17-6. Preparation of plans and specifications, etc. The City Manager shall request the engineer, if one is retained, to prepare, or cause to be prepared, plans and specifications of the improvement to be made, an estimate of the life of the improvement and the cost thereof, and plats of the lands affected thereby, and such other information as the Council may have requested. Section 17-7. Report and recommendations of City Manager. The City Manager shall prepare his/her report and include in it a schedule of all property affected by the proposed improvement, listing the assessed valuation, tax delinquencies, whether land is vacant or improved, and pertinent information on such parcels as are owned by public authorities, and such other information as the Council may have requested, and shall present it to the Council along with the plans and specifications of the engineer, together with his/her recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which the assessment should be spread and the lands which should be included in the special assessment district. Section 17-8. Public Hearing - Notice. After the filing of the report and plans and specifications referred to in Sections 17-6 and 17-7 the Council shall, by resolution, order the same filed with the City Clerk and provide for a public hearing before them on the improvement to be made, which hearing shall be not less than one (1) week after notice thereof has been given by first class mail to the owner of each lot or parcel of land affected thereby at their address or the last address shown on the last tax roll of the City and by publication at least once in a newspaper of general circulation in the City, to be designated by the Council. Section 17-9. Same - Conduct, etc.; objections and changes. At the time and place specified in the notice for the public hearing, as provided in Section 17-8, the Council shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by the Council and the Council may make any changes in the proposed work or assessment which shall seem reasonable or proper in view of any objections, or for any other reason which may appear to be for the best interests of the City; provided, that if the improvements intended to be made are enlarged upon or additions made to the district to be assessed, the same shall not be done until after another hearing is held pursuant to notice as required by original hearings. Section 17-10. Resolution of determination. After the public hearing, as provided for in Sections 17-8 and 17-9, the Council may, by resolution, determine to make the improvement and defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefited in proportion to the benefits derived, or to be derived, and designate whether it is to be assessed according to frontage or other basis. By such resolution the Council shall approve the plans and specifications for the improvements, the rate of interest to be charged on installments not to exceed fifteen percent Chapter 17- SPECIAL ASSESSMENT IMPROVEMENTS 17-2
CITY OF NEW BUFFALO CODE OF ORDINANCES (15%) per annum, designate the district or land and premises upon which special assessments shall be levied, direct the Assessor to prepare a special assessment roll in accordance with the Council's determination, and designate the name by which such assessment roll shall be known and referred. Section 17-11. Special assessment roll - Preparation, etc. The City Assessor shall thereupon prepare a special assessment roll, as referred to in the preceding Section, including all lots and parcels of land within the special assessment district designated by the Council, and shall assess to each such lot or parcel of land such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of lands bears to the total benefits to all lands in such district. There shall also be entered upon such roll the amount which has been assessed to the City at large. Section 17-12. Same - Certificate of Assessor; filing and presentation to Council. When the City Assessor shall have completed the special assessment roll referred to in the two (2) preceding Sections, the Assessor shall attach thereto, or endorse thereon, his/her certificate to the effect that such roll has been prepared by him/her pursuant to a resolution of the Council (giving the date of adoption of same) and that in making the assessments therein he/she has, as near as may be, according to his/her best judgment, conformed in all respects to the directions contained in such resolution and the City Charter and the provisions of this Article. Thereupon, the Assessor shall file such special assessment roll with the City Clerk who shall present the same to the Council. Section 17-13. Same - Filing for examination by public; notice of hearing for review. Upon receipt of the special assessment roll, as provided in the preceding section, the Council shall order it filed in the office of the City Clerk for public examination, and shall by resolution fix the time and place when the Council will meet and review such roll, which meeting shall be held not less than one (1) week after notice thereof specifying the purpose, time, and place has been given by first class mail to the owner of each lot or parcel of land affected thereby at their address or the address shown on the last tax roll of the City, and by publication at least once in a newspaper of general circulation in the City, to be designated by the Council. Section 17-14. Same - Written objections generally. Any person deeming themselves aggrieved by the special assessment roll may file their objections thereto in writing with the City Clerk prior to the close of the hearing thereon, as provided for by this Chapter, which written objections shall specify in what respect they deem themselves aggrieved. Section 17-15. Same - Hearing for review generally; consideration of objections. The Council shall meet and review the special assessment roll provided for by this Article at the time and place appointed or at an adjourned date therefor and shall consider any written objections thereto. Section 17-16. Same - Corrections and changes. The Council may correct the special assessment roll provided for by this Article as to any assessment or description or any lot or parcel of land or other errors appearing therein. Any changes made in such roll shall be noted in the Council minutes. Chapter 17- SPECIAL ASSESSMENT IMPROVEMENTS 17-3
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General Ordinances - City of New Buffalo

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