Agenda Packet Cc - regular meeting 4/25/1988

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WIIvthci (ir not they are liable to be as scssed. I ; Ordering the improrimc►it and prepar,t. n of flans. 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 cngincer should prepare the necessary plans and specifications. At this point the council should decide how the work is to be d?� : and, if necessary, issue a call for bids. Tinrc limits Jar local i►npror•cmcnts. 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, clone by day labor or other- wise, no later than o,)e year after the adoption of the resolution ordering the improvement, unless a different time is specifically stated in the resolution order- ing the improvement. Perfonnance of work wider contract or by day labor. The work may be done by day labor if the estimated cost does not exceed 5,000, if there are no bidders on the project, or if the 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�l6 from the lowest responsible bidder. (See Chapter 21.) Preparation of prop051d assc3Vnent rolls. These mutt contain the information listed in the next subsection of this chapter. ThYi preparation is the clerk's responsibili- ty. It may be desirable to conduct before and after market improvement valuation studies regarding propertv to be assessed to determine the amount of special I enefits. (Sec discussion of markt-t value, above). l'uhlic hearing on the p►opo.sed as,essmcnt The purpose of this sccunu , ong 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 ne�%spaper 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 newspaper.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 their 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 r::cord 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 determined in adversary proceedings. Apprv-.,al and certification of' assessment rolls, ,after the public hearing, the council must approve the assessment rolls in theif`4oul form so that the clerk can certify therm,— o the county auditor for coilec- tion. The council should examine their assess- menz rolls in a very practical way to dcter-•,ine whether or not an appeal is likel-, to result from a particular assessment and w;l:ther that assessment is realistic in view zff the real estate market in their city. 10. lssurrcc of obligations to finance the impru:_n,ent (This topic is discussed further ;.i the subsection entitled "Borrow- ing for `p ecial Assessment Purposes.") For a full ':SCL • _'c of these sups, plus a full set of model Bern s_ League publication "Local Improvcmcrr! (.0 - 408 -