03-28-1988 - Agenda Packet City Council - regular meeting

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whether or not they arc liable to be as- sessed .l4 4. Ordering the improvement and preparation of plans. The resolution ordering the improvement may be passed by a mere majority of the council if proceedings were originally commenced by petition. If not, the resolution must be adopted by an affirmative vote by at least four -fifths of the council. It is after this that the city engineer should prepare the necessary plans and specifications. At this point the council should decide how the work is to be dq?e and, if necessary, issue a call for bids. Time limits for local improvements. When a city council determines to make a public improvement, it must let the contract for all or part of the work, or order all or part of the work, done by day labor or other- wise, no later than one year after the adoption of the resolution ordering the improvement, unless a different time Is specifically stated in the resolution order- ing the improvement. 6. Performance of work under contract or by day labor. The work may be done by day labor if the estimated cost does not exceed � 5,000, if th.:.. , are no bidders on the project, or if tree only bids received exceed the estimated cost of the project. The term "day labor" refers to a procedure whereby the city carries out a public improvement with its own employees or with persons specifically hired for that purpose. No contract is given under this system; the city itself assumes full responsibility for the work. Even under this system, however, purchases of more than $5,000 must be obtaine� from the lowest responsible bidder. 6 (See Chapter 21.) 7. Preparation of proposed assessment rolls. These must contain the information listed in the next subsection of this chapter. Theji� prep��ation is the clerk's responsibili- ty. It may be desirable to conduct before and after market improvement valuation studies regarding property to be assessed to determine the amount of special benefits. (See discussion of market value, above). 8. Public hearing on the proposed assessment The purpose of this second hearing is to give affected property owners an op- portunity to be heard on the matter of the actual assessments being levied. Notice must be published one or more times in the official newspaper and mailed to each property owner at least two weeks prior to the hearing date. Finally, the total cost of the improvement project must be published in the city newspaper or, if none, in a county seat newspal er.18 It may be advisable in light of recent court decisions, to make available to the property owner an adversary proceeding at this hearing where evidence of market value improvement will be considered and made a part of the assessment determination. The hearing notice should contain a state- ment that those who wish to dispute tneir assessment as determined in usual formula fashion may notify the council, and the council can then arrange for a hearing before an impartial hearing officer. The property owner could then put in such testimony as he thinks is relevant con- cerning the improvement in market value of this property, and the city could do likewise. A detailed record of this evidence shou!d be made. The city could than adopt the assessment roll, including assessments determined on a conventional formula basis and also including those determ in adversary proceedings. 9. Approval and certification of assessment rolls. After the ► ,lblic hearing, the council must approve assessment rolls in their 4'nal form : the clerk can certify thnio the co,, auditor for collec- tion. T' u icil should examin: their assess- or; Its in a very practical way to de,- a whether or rot an appeal is liker; to result from a particular assessment and _,ther that assessm:nt is realistic in view s;; the real estate market in their city. 10. Isstrma;c of obligations to finance the impro��!r,cnt. (This topic is discussed further i:i the subsection entitled "Borrow- ing for �7 pccial Assessment Purposes.") For a of these steps, plus a full set of model four.:, s= League publication "Local Improvemcnt Cuid:. - 408 -